City of Encinitas, CA CHAPTER III PROJECT DESIGN STANDARDS

INTRODUCTION

Chapter III provides all of the design standards for development within the Specific Plan area. Detailed guidelines are given for grading, landscape design, the wetlands program and architecture. The Land Use Regulations section serves as the zoning standards and describes environmental mitigation measures for each of the four planning areas. The Special Conditions section describes the conditions of approval for each of the planning areas.

A DESIGN OBJECTIVES.

All design aspects of the Home Depot Specific Plan shall be guided by six design objectives. They are:

1. Adopt the design of the Specific Plan to the site in order to minimize disturbance to key environmental features.

2. Integrate areas of development with open space areas in a manner which provides a natural transition between the two elements.

3. Provide detailed land use regulations which clearly state development requirements for each planning area.

4. Create development which will have lasting high quality.

5. Preserve and enhance the wetlands area along Encinitas Creek.

6. Implement a comprehensive landscape program to reduce any adverse effects of grading.

B GRADING.

All grading within the Home Depot Specific Plan area will comply with the City of Encinitas Grading Ordinance, except as permitted within this Specific Plan (refer to Exhibit III-1, Grading Plan and Exhibit IV-1, Home Depot Site Plan). These exceptions are required to minimize wetland impacts and because of unique site topography. Grading which is in substantial conformance with this approved Specific Plan and the approved tentative subdivision map shall not require any future variances or exemptions from the City of Encinitas.

In any area where grading ordinance exceptions are employed, substantially increased landscape standards and special grading techniques shall be applied. Slope treatments are further described in Section C, Landscape Architecture, of this chapter. The intent of the grading along these slopes will be to replicate the natural contours of the hillside. The conceptual grading plan for the Home Depot is shown on Exhibit III-1.

The following grading techniques should be incorporated for all manufactured slopes:

1. All manufactured slope banks in excess of ten feet in height shall be constructed at a gradient of 2 to 1 or less except that cut slopes up to 1.5 to 1 may be allowed upon certification as to soil stability by a soils engineer.

2. The application for any grading permit for the Specific Plan area shall include assurance to the City Engineer that manufactured slope banks will be properly landscaped and that the landscape will be maintained by either the developer or property owners.

3. Grading operations shall not result in substantial damage to, or alteration of, significant permanent natural resource areas, wildlife habitats or native vegetation areas which are designated by the Specific Plan to be preserved. The developer shall provide temporary construction fencing around natural open space areas and sensitive plant areas during the grading and construction phases of the project.

4. Artificial appearing slopes shall be avoided. Where possible manufactured slopes shall be contoured and landscaped to simulate natural terrain.

5. Existing landforms may be recontoured as necessary to provide a smooth and gradual transition to graded slopes, while preserving the basic character of the site.

6. All manufactured slopes shall be planted in compliance with a slopes planting plan approved by the Director of Community Development with plant materials that stabilize the slopes and minimize erosion.

7. Benching of manufactured slopes shall be required per the Encinitas Grading Ordinance or to the satisfaction of the City Engineer.

8. To minimize erosion and allow sedimentation control systems to work, no grading or vegetation removal shall be allowed to occur during the wet season, October 15 - April 15, without all systems and devices per an erosion control plan and program, approved by the City Engineer and Director of Community Development, being in place.

9. Temporary erosion-control devices will be installed per an approved erosion control plan. Such devices shall conform to related Encinitas standards.

10. Slope drainage structures shall be obscured by creating a variety of plant masses to soften the manmade appearance.

11. Landscape screening shall be used to minimize the visual impact of graded slopes from view of public roads by utilizing plant materials of varying form, height and densities to soften and vary graded slope planes.

12. Any off-site grading shall be reviewed and approved by the City Engineer as part of the grading review package. A letter of permission from the affected property owner(s) shall be required prior to issuance of any grading permit for off-site work.

13. Grading, excavation and other related forms of earth movement shall be conducted only during the hours and days specified under Section 23.24.320 of the City of Encinitas Grading Ordinance unless specifically exempted by the City Engineer.

14. Hauling of earth or construction materials over residential streets in developed areas shall be minimized. A truck hauling route shall be submitted to the City Engineer for approval prior to commencement of any grading operation requiring truck hauling on City streets.

C LANDSCAPE ARCHITECTURE.

1. Introduction

The character of the Home Depot Specific Plan area includes the riparian corridor of Encinitas Creek, a zone of restoration between the creek and the site of the Home Depot, and slopes with well-established chaparral species. The goal of the Landscape Master Plan for the Home Depot Specific Plan is to integrate the proposed commercial land uses into the mesic and dry vegetation zones south of Encinitas Creek, and to enhance natural areas adjacent to the wetlands area of Encinitas Creek. The Encinitas Creek flows westward and occupies the northerly portion of the Specific Plan area. The northern section contains a vegetation restoration zone between the creek and a proposed commercial land use area adjacent to Olivenhain Road within Planning Area 4.

South of the creek, the Home Depot site lies at an elevation of 92 feet, approximately 14 feet above the elevation of the creek channel. Rising to the south is a terraced slope with an average gradient of 10 - 25 %. The slopes extend approximately 100 ft. above the level of the Home Depot site.

Encinitas Creek, due to its location adjacent to El Camino Real and Olivenhain Road, will form a prominent visual and environmental resource for the Specific Plan area. From the overall goal of enhancing and emphasizing the creek and the associated wetland environment, the landscape plan for the Specific Plan area has evolved into a series of specific design objectives and distinct directions for landscape development.

Specific design objectives for the Home Depot Landscape Master Plan are:

a. To develop a high-quality landscape character for the project area that complements, blends and minimizes fragmentation of the two distinct natural vegetation environments of the plan area: the wetland environment and the drier upland chaparral environment on the hill slopes;

b. To preserve the unique botanical and topographic features of the site;

c. To retain wildlife habitat corridors and maintain high on-site habitat diversity;

d. To preserve and enhance the riparian environment of Encinitas Creek;

e. To develop a unique landscape character for the commercial and natural open space precincts through the development of specific landscape zones and plant palettes;

f. To conserve water through the utilization of low-water use plant materials and to provide for the future implementation of reclaimed water irrigation systems, wherever possible. All areas outside of the defined wetland corridor are to maximize the use of drought-tolerant plant materials.

g. To develop an attractive streetscape frontage along El Camino Real, recognizing the importance of the visual quality of this road as a scenic corridor;

h. To develop complementary signage and lighting programs for the Home Depot site;

i. To screen undesirable views of the Home Depot roof and loading area from adjacent residences at higher elevations; and

j. To screen portions of the Home Depot parking area from views along El Camino Real.

2. The Landscape Concept Master Plan

The intent of the Landscape Concept Master Plan is to emphasize the existing character of the landscape. The Home Depot Specific Plan area presents a unique set of site characteristics for the development of a landscape theme. The landscape concept has been designed to compliment existing physical features such as proximity to a riparian corridor, site conditions which provide a high water table, and sandy chaparral-covered soils of the southern hillside slopes.

The landscape concept emphasizes the use of a very select palette of plantings in order to emphasize a strong visual and reflective link between the creek and a significant portion of the site.

This landscape concept will emphasize and connect vehicular and pedestrian entries, circulation systems, and the perimeter of the project area. Landscaping within the parkways, setbacks, and the Home Depot site will be coordinated to establish a unifying theme based on the wetland vegetation. The theme for the upland areas will be based on the drier site conditions prevalent on the hillside slopes. The design theme is developed through the use of zones of landscape material, which bridge the transition from wetland vegetation to the natural open area. The Home Depot Landscape Concept Master Plan is illustrated by Exhibit III-2.

Home Depot Commercial Area

The Home Depot Commercial area is designed as a zoned landscape with plants requiring more water closer to the wetlands, and drier, soil loving and more drought-tolerant species at the southern edge of the site.

Plant materials are to be selected from a list of specified plants (Landscape Zone 3) and planting is to occur in bands of plant materials parallel to the creek corridor, with native wetland species located closer to the creek, and a progressively greater mix of non-wetland species dominating with increasing distance from the creek. All plant species identified for zones outside of the wetland zone shall exhibit strong drought-tolerant characteristics.

Upland Open Space Area

Portions of the Upland Open Space area described by Planning Area 2 will be cleared and graded during the development of the Home Depot Commercial Area and the easterly widening of El Camino Real. Prior to grading in these areas the approval of a detailed restoration/planting program will be required. An intensive planting program shall be established for the restoration of the chaparral habitat, including the planting of Coast Scrub Oaks. Where feasible, desirable topsoils will be stockpiled and redistributed to the slopes after grading operations have been completed. The planting program shall incorporate a combination of seed and container stock selected from the Landscape Zone 4 plant palette described in this chapter.

3. Landscape Zones

Six landscape zones have been defined which address the specific land uses, soil and plant suitability characteristics of each zone.

The six landscape zones are:

Zone One:	Wetland Zone
Zone Two:	Wetland Restoration Zone
Zone Three:	Commercial Area Landscape Transition Zone
Zone Four:	Open Space and Conservation Zone
Zone Five:	Olivenhain Road Commercial Area Landscape Transition Zone
Zone Six:	El Camino Real Streetscape Zone

The Landscape Zone locations are illustrated on Exhibit III-3. The landscape character of each zone is described below. In each zone, plant material selection guidelines are also included which define the most appropriate species given the expected site and soil conditions.

Zone One: Wetland Zone

Encinitas Creek and its associated willow riparian woodland and marsh bio-environments are the focus for restoration efforts in this zone. The zone is approximately 12 acres in size and is a protected zone. The following plant list identifies native species and complementary plant material to be used in the revegetation and enhancement program.

Botanical Name	Common Name
Freshwater/Brackish Marsh
Anemopsis californica	Yerba Mansa
Iva hayesiana	Hayes Iva
Juncus acutus	Spiny Rush
Juncus mexicanus	Mexican Rush
Scirpus robustus	Prairie Bulrush
Scirpus californicus	California Bulrush
Willow Riparian Woodland
For Wetter Areas:
Artemisia douglasiana	Douglas Wormwort
Elymus condensatus	Giant Wild Rye
Populus fremontii	Fremont Cottonwood
Pulchea servicea	Arroweed
Salix gooddingii	Black Willow
Salix hindsiana	Sandbar Willow
Salix lasiolepis	Arroyo Willow
For Drier Areas:
Artemisia californica	California Sagebrush
Baccharis pilularis ssp. consanguinea	Coyote Brush
Baccharis salicifolia	Mulefat
Encelia californica	California Encelia
Eriogonum fasciculatum	Flat-top Buckwheat
Festuca megalura	Zorro Fescue
Happlopappus venetus	Coast Golden Bush
Heteromeles arbutifolia	Toyon
Isomeris arborea	Bladder Pod
Malosma laurina	Laurel Sumac
Rhus integrifolia	Lemonade Berry
Sambucus mexicana	Desert Elderberry

Zone Two: Wetland Restoration Zone

The objective for this zone is to restore and expand the Zone One plantings so that this zone will ultimately evolve into the same wetland character as Zone One. This area of approximately 6 acres includes a Nuisance Water Treatment Wetland area of approximately 0.5 acres. The emphasis of the landscape concept is to extend the wetland species adjacent to existing types; therefore, where there is a marsh condition in Zone One, the adjacent planting in Zone Two will also consist of primarily marsh species.

The Nuisance Water Treatment Wetland is designed to catch and hold parking lot runoff which is first passed through oil/water separators to remove oils and sediments and to catch high flow rainfall directly. Wetland plant species, acting as filtering agents, will be cultivated from healthy and mature plugs grown under the supervision of a qualified biologist or nursery person. Plant material that shows signs of irreversible degradation will be selectively removed on a biennial basis to maintain a constant filtering continuity.

To ensure water availability during months of no rainfall or low urban runoff a water-conserving emitter type irrigation line will be installed to supplement water facilitating the viability of plant life. The presence of a high ground water table and lowered elevation of the treatment area will also provide a positive biological setting.

Botanical Name	Common Name
Freshwater/Brackish Marsh
Anemopsis californica	Yerba Mansa
Iva hayesiana	Hayes Iva
Juncus acutus	Spiny Rush
Juncus mexicanus	Mexican Rush
Scirpus robustus	Prairie Bulrush
Scirpus californicus	California Bulrush
Willow Riparian Woodland
For Wetter Areas:
Artemisia douglasiana	Douglas Wormwort
Elymus condensatus	Giant Wild Rye
Populus fremontii	Western Cottonwood
Pulchea servicea	Arroweed
Salix gooddingii	Black Willow
Salix hindsiana	Sandbar Willow
Salix lasiolepis	Arroyo Willow
For Drier Areas:
Artemisia californica	California Sagebrush
Baccharis pilularis ssp. consanguinea	Coyote Brush
Baccharis salicifolia	Mulefat
Encelia californica	California Encelia
Eriogonum fasciculatum	Flat-top Buckwheat
Festuca megalura	Zorro Fescue
Happlopappus venetus	Coast Golden Bush
Heteromeles arbutifolia	Toyon
Isomeris arborea	Bladder Pod
Malosma laurina	Laurel Sumac
Rhus integrifolia	Lemonade Berry
Sambucus mexicana	Desert Elderverry

Zone Three: Commercial Area Landscape Transition Zone

This area of approximately 9 acres includes the developed home improvement center site (including the parking lot) as well as area of Planning Area 4 on the south side of Encinitas Creek which could in the future accommodate commercial or light industrial uses. Planting will occur in bands, with cottonwood and sycamore species used along the northern portion of Zone Three, reflecting high-moisture site conditions due to high groundwater levels and species planted along the southern boundary echoing the drier environment of the chaparral area. The central band will be an area of transition and will include native as well as ornamental tree species.

The objective is to develop a primarily lush, green landscape that provides shade for the parking lots and adds year-round color interest in other areas. However, the related objective is that this be a water-use efficient landscape. Plant material identified as appropriate will tolerate high water table levels (with associated expected high salt content) as well as the high stress and drought conditions associated with parking lots.

Botanical Name	Common Name
Trees
Albizia julibrissin	Silk Tree
Cupaniopsis anacardioides	Carrot Wood
Koelreuteria bipinnata	Chinese Flame Tree
Melaleuca quinquenervia	Cajeput Tree
Metrosideros excelsus	New Zealand Christmas Tree
Pinus spp.	Pine Tree
Platanus acerfolia	London Plane Tree
Populus fremontii	Fremont Cottonwood
Tristania conferta	Brisbane Box
Shrubs and Groundcovers
Arbutus unedo	Strawberry Tree
Arctostaphylos densiflora 'Howard McMinn'	Howard McMinn Manzanita
Baccharis pilularis 'Twin Peaks'	Twin Peaks Coyote Bush
Bougainvillea sp.	Bougainvillea
Ceanothus 'Concha'	California Lilac
Ceanothus 'Frosty Blue'	Frosty Blue Lilac
Ceanothus 'Joyce Coulter'	Joyce Coulter Coast Lilac
Eriogonium fasciculatum 'Dana Point'	Dana Point Buckwheat
Festuca californica	California Fescue
Festuca megalura	Zorro Fescue
Iva hayesiana	Hayes Iva
Nolina parryi	Parry's Beargrass
Oenothera berlandieri	Mexican Evening Primrose
Prunus lyonii	Catalina Island Cherry
Rhus integrifolia	Lemonade Berry
Stipa pulchra	Needlegrass

Zone Four: Open Space and Conservation Zone

This zone consists of approximately 25 acres of dense chaparral vegetation on north- and west-facing slopes. Both topography and vegetation promote the diversity of local fauna in this habitat.

This zone is protected by an open space easement in Planning Area 2. There are two objectives for the establishment of this zone. First, most of the area in this zone is to remain in an undisturbed condition and is to provide a natural area for wildlife. Second, enhancement of the chaparral environment is proposed for any areas that are to be disturbed within this zone. Graded slopes shall be planted with species typically found in the chaparral plant community and with an appropriate seed mix to establish native grass and flower species. Since the Del Mar Manzanita is a sensitive plant found in limited numbers, emphasis shall be on reintroducing this species. Re-introduction of the Coast White Lilac shall also be emphasized. Temporary above-ground irrigation systems shall be installed for a period of about two years to promote the establishment of native plant materials.

Plant material most suitable for this zone consists of the following:

Botanical Name	Common Name
Trees
Pinus torreyana	Torrey Pine
Quercus agrifolia	Coast Live Oak
Shrubs
Arctostaphylos glandulosa	Del Mar Manzanita ssp. crassifolia
Artemisia californica	California Sagebrush
Baccharis sarothroides	Broom Baccharis
Ceanothus tomentosus	Woolly Leaf Ceanothus
Ceanothus verrucosus	Coast White Lilac
Encelia californica	California Encelia
Eriogonum fasciculatum	Flat-top Buckwheat
Heteromeles arbutifolia	Toyon
Lonicera subspicata	San Diego Honeysuckle
Malosma laurina	Laurel Sumac
Quercus dumosa	Scrub Oak
Rhus integrifolia	Lemonade Berry
Yucca schidigera	Mohave Yucca

Container plants specifically chosen for revegetation of the cut slope directly south of the Home Improvement Center may include:

Arctostaphylos glandulosa ssp. crassifolia	Del Mar Manzanita
Ceanothus tomentosus	Woolly Leaf Ceanothus
Ceanothus verrucosus	Coast White Lilac
Elymus condensatus	Giant Wild Rye
Heteromeles arbutifolia	Toyon
Marah macrocarpus	Wild Cucumber
Quercus dumosa	Scrub Oak
Xylococcus bicolor	Mission Manzanita
Yucca schidigera	Mohave Yucca

Zone Five: Olivenhain Road Commercial Area Landscape Transition Zone

This zone of approximately 1.5 acres requires buffer planting along Olivenhain Road, transitional riparian planting along the southern boundary, and appropriate transitional species for the intermediate areas, which could be used for parking lot and foundation planting. Predominantly mesic plant material is recommended for use, and the following list identifies the most suitable species:

Botanical Name	Common Name
Trees
Acacia baileyana	Bailey Acacia
Koelreuteria bipinnata	Chinese Flame Tree
Metrosideros excelsus	New Zealand Christmas Tree
Platanus racemosa	California Sycamore
Populus fremontii	Fremont Cottonwood
Pyrus kawakamii	Evergreen Pear
Robinia ambigua 'Idahoensis'	Idaho Flowering Locust
Robinia pseudoacacia	False Locust
Salix gooddingii	Black Willow
Salix lasiolepis	Arroyo Willow
Shrubs and Groundcovers
Ceanothus 'Joyce Coulter'	Joyce Coulter Coast Lilac
Ceanothus 'Frosty Blue'	Frosty Blue Lilac
Elymus condensatus	Giant Wild Rye
Encelia californica	California Encelia
Eriogonum fasciculatum	Flat-top Buckwheat
Festuca californica	California Fescue
Festuca megalura	Zorro Fescue
Isomeris arborea	Bladder Pod
Iva hayesiana	San Diego Marsh Elder
Oenothera berlandieri	Mexican Evening Primrose
Rhus integrifolia	Lemonade Berry
Scirpus californicus	California Bulrush

Zone Six: El Camino Real Streetscape Zone

This area of approximately 1.5 acres adjacent to El Camino Real is to function as a buffer. Therefore it shall be fairly densely planted in order to filter traffic noise. This edge is important to the continuation of the landscape character developed in the interior portion of the site as well as being compatible with the natural character of the viewshed. Suitable plant material consists of the following:

Botanical Name	Common Name
Trees
Cupaniopsis anacardioides	Carrot Wood
Eucalyptus spp.	Eucalyptus
Koelreuteria bipinnata	Chinese Flame Tree
Melalueca quinquenervia	Cajeput Tree
Pinus spp.	Pine Tree
Platanus acerifolia	London Plane Tree
Platanus racemosa	California Sycamore
Populus fremontii	Fremont Cottonwood
Pyrus kawakamii	Evergreen Pear
Shrubs and Groundcovers
Acacia redolens	Prostrate Acacia
Arctostaphylos spp.	Manzanita
Ceanothus 'Concha'	California Lilac
Coprosma kirkii	Creeping Coprosma
Elymus condensatus	Giant Wild Rye
Iva hayesiana	Jayes Iva
Pittosporum tobria 'Wheelers Dwarf'	Dwarf Mock Orange
Rhamnus californica	Coffeeberry
Stipa pulchra	Needlegrass

4. Water Conservation

Water conservation features of the plan are to include the following:

a. The use of drip irrigation systems for planted areas where feasible. The very low flow rates of drip irrigation systems direct water to the root zone of each plant, and not to bare ground or weeds; there is no waste water to run-off or evaporate.

b. Use of drought-tolerant native and indigenous plant species. Large turf areas will not be used. Plants with similar water needs will be grouped together. Establishment techniques can consist of infrequent, deep irrigations during the establishment period, followed by irrigation management that emphasizes a few well-timed irrigations during the summer.

c. Use of mulch placed over the ground around plant materials.

d. The recommended plant palette contains species which can acclimate to irrigation by reclaimed water, i.e., plants will be tolerant of high salt content.

e. The landscape plan shall adhere to Chapter 23.26 (Ordinance 92-40) of the Encinitas Municipal Code related to water efficient landscape.

5. Fuel Management Program

Fire protection is maximized for the Specific Plan area by identifying a plant palette with species which have good to excellent fire retardant qualities and proposes use of these plants in all high fire risk areas. Wherever the landscape is to be irrigated, fireproof irrigation systems are to be used.

a. Fuel Management Zones

Zone 1 - Undisturbed Native Vegetation

This area is to be left in its natural condition.

Zone 2 - Thinned Native Vegetation.

This zone shall be a minimum of 25 feet in width and consists of native vegetation which is selectively maintained to remove older vegetation without disturbing the soil cover on the slopes.

All pruning operations for the native vegetation shall reduce the foliage mass thereby diminishing the fuel load, yet still must provide a natural-looking landscape condition. The thinning of the native vegetation for fire protection purposes should be accomplished in the following manner:

1.) Thinning must be limited to hand clearing of Chamise and Black Sage.

2.) Selective hand pruning must be used to thin and reduce lower vegetative portions of the following shrubs: Coast Scrub Oak, Toyon, Lemonade-berry and Laurel-leaf Sumac.

3.) The following species must be retained in an unaltered state: Del Mar Manzanita, Mission Manzanita, Coast White Lilac, Chaparral Coffeeberry, Mohave Yucca and Ramona Lilac.

4.) Annual species and low-growing perennials must remain unless they are exotic elements to the Chaparral.

5.) Thinning must be limited to cutting of material and no soil disturbance is to occur which may exacerbate erosion of the slope areas.

This zone borders Zone 1 on the north as a 25 foot wide fuel modification zone at the base of the slope to the south of the Home Depot building. Any disturbed areas are to be planted with fire resistant, drought-tolerant native shrubs and groundcovers.

b. Management Program

Regular pruning as part of a fuel management program should occur at three to five year intervals, or as specified by the City or fire marshal. Older and dry vegetation should be selectively removed at this time without disrupting the soil cover. Emergency/maintenance access points shall be located to access the zones which require regular fuel load management.

6. Slope Treatment

"Ice plants" shall not be used on steep slopes where they can naturalize into nearby natural open space areas. Groundcovers which provide very showy displays in vibrant colors while in flower are to be avoided. Natural looking groupings of plant materials compatible with the appearance of the natural open space area are proposed. To provide this, trees, shrubs and groundcover should be utilized to provide an attractive mix of height and variance in foliage color and texture. Plant materials are to be selected from the appropriate Landscape Zones and wherever possible, deep rooting plants are to be utilized.

7. Lighting

Light fixtures are to be complementary to the adjacent architectural styles, and wherever possible, high pressure sodium lighting is to be used. All lights are to be shielded in order to minimize light scatter and therefore maintain a dark sky, pursuant to City of Encinitas policy.

a. Lighting Standards for Roadways

The height and spacing of the streetlights along El Camino Real shall be as required by the City of Encinitas to provide adequate safety and security for motorists and pedestrians.

b. Parking Lots

Light standards in parking areas shall be a maximum of 18 feet in height and shall provide illumination levels of 0.2 foot-candles in compliance with City of Encinitas standards. High pressure sodium lighting shall be used. Light standards are to be set on a concrete base at approximately two feet above the parking lot grade. The luminaire is to be a box-type shape in a dark bronze color (Refer to Chapter IV, Exhibit IV-9). Light fixtures in the Garden Center are located along the Garden Center fence on poles 25 feet in height which shall direct light downward and into the Garden Center. Security lights may be placed on the building walls in the area of the loading docks and on the south side of the building. Security lighting shall be shielded to prevent light scatter into open space areas to the south and east.

All lights adjacent to the wetlands and the natural open space area shall have shields for sharp cutoff and to ensure no light spillover onto these natural areas. Parking lot lighting shall also be shielded from adjacent residential areas.

c. Decorative Lighting

Decorative and accent lighting, such as uplighting, is to be used for illuminating landscaping and may utilize other than high pressure sodium fixtures. All decorative lighting should be shielded to direct light source away from present and future residential development in Carlsbad and Encinitas.

8. Wall and Fence Plan

Fence and wall locations are shown on the Wall and Fence Plan, Exhibit III-4. Fencing between the commercial land use areas and the wetlands in Planning Area 1 is to consist of five-foot high, vinyl clad chain link fence. A masonry block sound attenuation wall ranging in height from 7 to 10 feet begins at the southeast corner of Planning Area 1 and extends northward to meet with the wetlands fencing. A 12-to-20-foot high fence of vertical metal pickets, 4 inches on-center, with metal mesh backing and cement plaster columns surrounds the Home Depot Garden Center.

For the commercial land use area in Planning Area 4, fencing adjacent to the wetlands is to consist of a five-foot high, vinyl clad chain link fence. Along the east property line, the fence type will be subject to Design Review based on the use of that portion of the site immediately adjacent to the existing park. Typical fence elevations are illustrated by Exhibit III-5.

D WETLANDS PROGRAM.

1. Existing Conditions

The Encinitas Creek flows through the northerly portion of the Home Depot Specific Plan area in a westerly flow crossing under the El Camino Real bridge at Olivenhain Road and eventually flowing north into the Batiquitos Lagoon. Existing wetland habitats are illustrated on Exhibit III-6. Over time silt and debris collected at the bridge and its vicinity have caused ponding east of El Camino Real and onto the project property. Stream blockage and gradual siltation from new construction upstream has resulted in an ever increasing emergent wetland area and a decrease in flow to the wetlands downstream. Inadequate road elevations and drainage design in this intersection area also brings about repeated inundation during heavy storm events.

As cited in the biological reconnaissance report conducted by Pacific Southwest Biological Services in late 1989, the area "revealed a good quality Willow Riparian Woodland bounded by extensive salt marsh and highly disturbed wetlands in the northern portion of the site. Upland terrain through the central portion of the site has been historically formed and is now covered in a floristically limited, weedy vegetation." Acreages of existing bio-communities for the Specific Plan area are:

Saltwater Marsh	3.8 Acres
Freshwater/Brackish Marsh	1.1 Acres
Willow Riparian Woodland	6.3 Acres

2. Impacts

In the development of the home improvement center site there will be a 2.9 acre impact within the area identified as 'disturbed field'. Parking and associated roadways are planned for this area and will require minimal grading.

Currently a drainage study for the Encinitas Creek (by Dr. Howard Chang PhD, PE) has been commissioned by the Cities of Encinitas and Carlsbad to address the siltation and flood problems for this basic region. A full realization of the study's recommended detention basins upstream from the project property would significantly diminish the 100 year floodplain (see Exhibit II-8) thereby affecting the Creek and its potential for expanded viable habitat. However, the geological report affirms that the site has high groundwater which could in turn support a restoration of historically disturbed habitat areas.

3. Design Goals and Objectives

a. To enhance the visual character and viable habitat of the Encinitas Creek as it occurs on the Home Depot project site. A total of 5.7 acres (1.2 acre Freshwater Marsh and 4.5 acres Willow Woodland) of habitat enhancement and creation are proposed for the Home Depot Site. The existing vegetation will remain intact and undisturbed with the exception of a selective exotic species removal program and a negligible amount of willow woodland removal at the southeastern edge of the parking lot near the Garden Center. The proposed Wetlands Mitigation Plan is illustrated by Exhibit III-7.

b. To ensure that the wetland restoration plan will be designed and implemented under the supervision of a qualified biologist/horticulturist knowledgeable with Riparian ecosystems of southern California, using native plant restoration/revegetation techniques.

4. Implementation Objectives

a. Minimal grading techniques to slightly lower the disturbed field will ensure expansion of the existing vegetated areas where needed.

b. The plant material will play a critical role in the restoration of the newly vegetated areas. The project biologist will compile a plant list for each bio-community with planting specifications for installation and maintenance. Newly introduced plants will be of container stock and of the size that will be acceptable by the permitting agencies.

c. The design intent will also ensure that sufficient water is applied to the newly vegetated areas to establish the plant material for as long as is deemed necessary by the project biologist. A temporary on-grade overhead irrigation system will be utilized during early establishment eventually transitioning to natural water source dependency.

d. During the establishment period for the wetland restoration project and the nuisance water treatment facilities, wetlands monitoring and maintenance is projected for biweekly or as needed assessments are required according to the judgment of the project biologist. Visits will taper to monthly and continue to be performed on an as needed basis.

e. General maintenance and monitoring of the wetlands will continue for a period of three-to-five years and will be documented by the project biologist. Removal of degraded nuisance water treatment plant material will continue on a biennial basis for the life of the project. Removal of oil residues and sediment from the oil/water separators will continue on an as needed basis for the life of the project to the satisfaction of the City Engineer.

E ARCHITECTURE.

Due to the unique physical settings of each of the four Specific Plan planning areas it is appropriate to present individually tailored architectural guidelines for each planning area. The descriptions of these architectural styles and elements are not intended to restrict but rather to assist in the implementation of a high level of quality and design direction for each of the planning areas.

1. Planning Area 1 - Home Improvement Center

The Home Depot building will face El Camino Real and the future Encinitas Ranch development to the west, Open Space Planning Area 3, Olivenhain Road and the future Arroyo La Costa residential community to the north, the Commercial-Light Industrial designated Planning Area 4 to the east, and the natural open space hillsides of Planning Area 2 to the south. Portions of the building may also be visible from some of the homes on the hillsides to the southeast. Due to the prevailing character of the site area a modern, contemporary architectural style has been selected for the Home Depot building.

The main building structure is of concrete tilt-up construction with a parapet roof. It will be painted in an ivory or off-white tone. Building mass will be softened through the use of plaster-finished pedestrian arcades and pop-out pavilions which will stand out from the main building and provide three levels of building relief beyond the main building walls. The pavilions will be visually connected by a pedestrian arcade capped by a clay tile roof. The arcade and pop-out relief features will be painted in brown tones with green accents.

The Garden Center wall will consist of cement plaster columns colored to match the main structure with open wrought iron screenwork between the columns. A portion of the wall near the main building entrance will include a greenhouse structure which will be used to display plants. The north and west building elevations are illustrated on Exhibit III-9. Further details regarding the architectural style for Planning Area 1 are given in Section B.2 of Chapter IV.

2. Planning Area 4 – Commercial – Light Industrial

Since no development plans were available for Planning Area 4 when the Specific Plan was being prepared no architectural style has been chosen for the planning area. Instead, the architectural design of structures in Planning Area 4 will be considered during project Design Review. The area is bordered to the east by a City of Encinitas future park site. To the south is an area of Riparian Woodland along Encinitas Creek. The western portion of the potential development area is located within an SDG&E utility easement which does not allow structures but may allow for open parking, horticulture or recreation uses. Architectural treatments of elevations which face to the south shall be sensitive to the riparian area. Impacts on the future park site shall be considered when reviewing elevations which face eastward.

F LAND USE REGULATIONS.

The intent of this section is to provide a complete set of land use regulations for each of the four Home Depot Specific Plan planning areas. In effect, this section shall serve as the zoning standards for the Specific Plan area. The section is divided into two subsections. The first subsection provides regulations which apply to the entire Specific Plan area. The second subsection describes standards which apply to specific planning areas.

Land uses not specified in the permitted uses section of the Planning Area Development Regulations which are found by the Director of Community Development to be consistent with the intent and purpose of the specific planning area and are similar to the allowed uses of the planning area may also be allowed for any of the planning areas. If the Director is unable to make a determination on a specific land use not listed in this Specific Plan, a noticed, public hearing shall be conducted by the Planning Commission. The Planning Commission's determination shall be final unless appealed to the City Council. If appealed, a noticed, public hearing shall be held by the City Council and the City Council's determination shall be final.

1. Specific Plan Land Use Regulations

a. Definitions

"Accessory Use"

Accessory use shall mean a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building.

"Acreage, Net"

Net acreage shall mean all unconstrained acreage within the subject lot except flood plains, significant wetlands, major power transmission easements, and rights-of-way and easements for public or private streets and roads.

"Building Height-Commercial"

Building height shall mean the vertical distance from finished grade adjacent to the structure to the highest portion of the roof immediately above. Commercial and industrial buildings in Planning Areas 1 and 4 shall be allowed an additional 6 feet for the following projections: radio, TV and satellite dish antennas, flagpoles, chimneys, towers, hips and gables, roofs sloped at 4 and 12 or greater, and spires.

"Director"

Director shall mean Community Development Director of the City of Encinitas.

"Floor/Area Ratio"

Floor/area ratio is the numerical value, expressed as a percentage, obtained by dividing the total bulk floor area by the total area of the lot or lots on which one or more structures are located.

"Finished Grade"

Finished grade shall mean the level of the finished ground surface immediately adjacent to the structure.

"Lot Coverage"

Lot coverage shall mean the ratio between the ground floor area of the building or buildings and the net acreage, exclusive of the ultimate street right-of-way.

"Lot Depth"

Lot depth shall mean the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

"Lot Size"

Lot size shall mean the total area exclusive of public streets, within the boundary lines of a lot.

"Lot Width"

Lot width shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

"Setback, Front Yard"

Front yard setback shall mean the area which defines the depth of the required front yard. Said setback shall be measured from the street line or the line established by the General Plan Circulation Element, from the edge of private roads and panhandles, and be measured therefrom by the perpendicular distance prescribed by the Specific Plan for the front yard setback.

"Setback, Side Yard"

Side yard setback shall mean the area which defines the width of the required side yard. Said setback shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback by the Specific Plan. Where the side yard abuts a street, the distance shall be measured as set forth in the "Front Yard Setback." Side yard setbacks shall be measured from the wall of the structure.

"Setback, Rear Yard"

Rear yard setback shall mean the area which defines the depth of the required rear yard setback. Said setback shall be measured from the property line, removed therefrom by the perpendicular distance described for the yard setback by the Specific Plan.

2. 

Planning Area Development Regulations

Planning Area 1 - Home Improvement Center

a. Description

Planning Area 1 is located on approximately 9.7 acres in the western portion of the Specific Plan area. The Home Improvement Center is generally located to the south and west of Encinitas Creek along the east side of El Camino Real. The site receives access at three points along El Camino Real with primary access taken from the signalized intersection at Woodley Road.

b. Permitted Uses

Permitted uses in Planning Area 1 shall include a Home Improvement Center and accessory uses commonly associated with a full-service Home Improvement Center which may include: an outdoor garden shop, customer and employee parking lots, loading dock areas, offices, training rooms, employee lounge, restrooms, storage and utility rooms, and a computer room. The approximate floor area of the Home Improvement Center is 102,200 square feet. This area may vary slightly in final design, but shall not exceed 107,000 square feet. A fenced Garden Center of approximately 27,500 square feet is adjacent to the Home Improvement Center. A nuisance water treatment facility is located along the edge of portions of the parking lot which will receive all site runoff after passing through oil/water separators which will trap most sediment and oils from the parking areas.

c. Development Standards

1.) Lot Size

The minimum lot areas-allowed in Planning Area 1 is 9.0 acres

2.) Front Yard Setback

All buildings shall be located a minimum of 75 feet from the edge of right-of-way along El Camino Real. Parking shall be located a minimum of 10 feet from edge of ultimate right-of-way.

3.) Side Yard Setback

All buildings shall be located a minimum of 20 feet from any side yard property line. Parking areas and driveways may be located to the property line.

4.) Rear Yard Setback

No main structures shall be located less than 20 feet from the common property boundary with Planning Areas 2 and 3. Accessory structures, fences, walls, landscaping and open parking may be located to the common property line.

5.) Lot Coverage

The maximum lot coverage for the Home Improvement Center Lot shall be 40 percent.

6.) Building Height

The maximum height of the Home Improvement Center structure shall be 39 feet. A data communications satellite antenna which extends 9 feet above the roof surface shall be allowed on the roof of the main structure. Section 7.10 of the Land Use Element of the City of Encinitas General Plan allows the City's height limit of 30 feet to be exceeded for nonresidential development for designated specific sites when adopted through area specific plans, as is the case for Planning Area 1.

7.) Floor/Area Ratio

The maximum Floor/Area Ratio shall be.50.

8.) Off-Street Parking

The minimum off-street parking requirement for the Home Improvement Center shall be 531 parking spaces including a minimum of 8 handicapped spaces. The parking requirements shall be based on one parking space for each 200 square feet of gross floor area of the main building and one parking space for each 1,000 square feet of the garden center. Standard parking spaces will be 9 feet wide by 18 feet deep. Single handicap spaces will be 14 feet wide by 18 feet deep and double handicap spaces will be 23 feet wide. Minimum aisle width within the parking lot shall be 25 feet. In addition, the site plan shall include 4 loading spaces, 10 motorcycle spaces (3′6″ x 7′) and 10 bicycle spaces (2′ x 6′).

9.) Landscaping

Planning Area 1 includes two of the Specific Plan Landscape Zones. They are: Zone 3 Commercial Area Landscape Transition Zone; and Zone 6 - El Camino Real Streetscape Zone. For further details on the home improvement center landscaping requirements refer to Section C, Landscape Architecture of this Chapter and Section B.3 of Chapter IV.

10.) Fencing

Fencing and walls are described in the Landscape Architecture section of this chapter. A vinyl clad chain-link fence, 5 feet in height, shall be constructed along the edge of the Home Improvement Center parking lot adjacent to the wetlands area. A wrought iron fence, 12-to-20 feet in height, set between cement columns is located around the Garden Center. Typical elevations of the Garden Center fence are shown on Exhibit III-9, Home Depot Elevations. A solid sound attenuation wall 7 to 10 feet in height, will extend across the common boundary between the Home Improvement Center and Planning Areas 2 and 3. The wall may be gated to allow access to Planning Areas 2 and 3. Fence locations are shown on Exhibit III-4, Wall and Fence Plan.

11.) Lighting

Lighting standards for the Home Improvement Center are described in the Landscape Architecture section of this chapter and Section B.5 of Chapter IV.

12.) Signage

Signage allowances for Planning Area 1 are described in Section B.4 of Chapter IV.

13.) Environmental Mitigation Measures

The Home Depot Specific Plan and Tentative Map Environmental Impact Report (EIR) identifies potential environmental impacts which could occur as a result of development in Planning Area 1. These potential impacts are described below along with mitigation measures specified by the EIR which, when implemented, will reduce these potentially significant impacts to a level below significance.

a.) Hydrology

•	Flooding and long-term sedimentation of Encinitas Creek:

In order to minimize potential flooding, the Encinitas Creek channel should be maintained at an elevation that promotes flowage and reduces back-flooding. The project shall include remedial dredging and a nuisance water treatment program as described in Section E.3 of Chapter II. In the future, the channel floor beneath the El Camino Real bridge should be maintained at an elevation no higher than 72 feet, which may require periodic dredging of the area within 20 feet upstream of the bridge structure. The maintenance dredging beneath the bridge will be the responsibility of the City of Encinitas City. The owners of the wetlands area will be responsible for maintenance dredging along the creek frontage in Planning Area 1.

b.) Water Quality

•	Sedimentation of Encinitas Creek:

(1.) An erosion control plan shall be designed and implemented for Planning Area 1. The plan should be prepared by a registered civil engineer and approved by the City of Encinitas. The plan shall include all necessary erosion control measures, and monitoring shall be done before, during and after grading to ensure that the necessary measures have been implemented and are effective. The on-site erosion control plan should be revised as necessary to ensure that it is achieving its purpose.

(2.) All grading should be accomplished during the dry months, from approximately April 15 to October 15 unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading period may also require alteration for the protection of sensitive species. In order to provide the most protection, grading should be completed by mid-summer so that areas to be planted may be established prior to the rainy season. The fill for any surcharge operation may remain in place during the wet months providing proper erosion control measures are provided as required by the City Engineer.

(3.) All erosion control measures and devices must be periodically monitored after project completion to ensure that they are in working order and are successful. Defective and/or damaged devices must be replaced. Monitoring and maintenance should continue throughout the life of the project, and if ownership is changed, the new owner must be notified of these requirements and must agree to continue the monitoring and maintenance. A covenant to be recorded with the property title will alert future property owners of these requirements.

(4.) All graded and cleared areas must be revegetated immediately upon the completion of grading. The fill used for any surcharge operation, as well as exposed slopes, should be immediately reseeded with a suitable erosion control ground cover or other erosion control measures approved by the City Engineer.

(5.) The erosion control plan for Planning Area 1 should include desilting basins as required by the City Engineer. It is recommended that the erosion control plan include the construction of one desilting basin at the northwestern toe of the slope within Planning Area 2 because runoff in that area will not go through the runoff water treatment system and would otherwise directly enter Encinitas Creek.

(6.) Sandbags and/or other types of barriers should also be placed at the limits of grading.

(7.) Energy dissipators should be installed at the base of the storm drain outlets.

•	Contamination from spills and parking lot runoff:

A site-specific operational plan should be developed by the operators of the Home improvement Center for the handling of accidental spills. At a minimum, the plan should give clear instructions for future employees to follow as to how and where potentially hazardous and/or flammable spilled materials should be disposed of, as well as first aid instructions and emergency phone numbers for the City of Encinitas Fire Department, and the Regional Water Quality Control Board. The operational plan should be approved by the City of Encinitas prior to issuance of an occupancy permit.

c.) Biology

•	Indirect impacts from water quality degradation:
	(1.)	Grading should be restricted to the period from April 15 through October 15 to minimize the indirect impacts of erosion and sedimentation on biological resources unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading of the upland areas should be limited to late summer and early fall to avoid conflicts with the California Gnatcatcher breeding season or as directed by the U.S. Fish & Wildlife Service.
	(2.)	Temporary desiltation basins and standard construction sedimentation control measures should be implemented to prevent siltation of Encinitas Creek. Exposed slopes should be immediately reseeded with a suitable erosion control ground cover after completion of grading. Long-term sedimentation and water quality impacts should be addressed by ensuring slope stability, adequate slope drainage systems, and effective revegetation of exposed slopes.
	(3.)	An erosion control plan approved by the City Engineer should be implemented.
•	Wetlands impacts:
	(1.)	Impacts to wetlands shall be mitigated through the enhancement and creation of 4.4 acres of wetlands. Measures shall include the enhancement of 3.2 acres of wetlands and the creation of 0.7 acres of new wetlands as specified in Section D, Wetlands Program of Chapter III. In addition, a periodically maintained nuisance water treatment wetland totaling 0.5 acres will also contribute to the mitigation of wetland impacts. Grading for restoration and restoration planting are to be closely monitored to ensure that no substantial damage occurs to existing wetlands to be preserved and that wetland restoration is successfully completed as specified in plan documents.
	(2.)	Maintenance and monitoring of the mitigation measures for 5 years. Monitoring must be conducted at 3, 6, 9, 12, 24, 36, 48 and 60 months. Monitoring reports must be prepared within 30 days of each monitoring, and annual reports must be provided to the City of Encinitas, U.S. Army Corps of Engineers, USF&WS and the CDF&G.
	(3.)	Removal of non-native species from the existing wetland.
	(4.)	There shall be a minimum 50-foot biological buffer. A 150-foot planning buffer shall incorporate the 50-foot biological buffer and 50-100 feet of unstructured paved area in the parking lot.
	(5.)	Release of the performance bond posted with the City of Encinitas must be contingent upon successful completion of the mitigation plan, as determined jointly by the U.S. Army Corps, USF&WS, CDF&G and the City of Encinitas.
	(6.)	Installation of oil interceptors in the paved areas to collect urban runoff and the creation of 0.5 acres of nuisance water treatment wetlands as defined in Chapter II.
	(7.)	Installation of fencing to separate the Home Improvement Center from the wetlands area.
	(8.)	Wetlands in the nuisance water detention/purification pond and associated silt and grease traps must be cleaned through pumping and removal of trapped materials, and not by flushing of the system. At a minimum, traps must be cleaned in early October and March of each year. The wetland treatment basins must be maintained by partial removal of sediments and plant materials on a biennial basis, with work being conducted in March following the winter rainy period and prior to initiation of spring riparian bird nesting season. No more than 50% of the plant material is to be removed at any given time. This must be continued for the life of the project.
	(9.)	Initially, the project applicant will dredge the area beneath, and within 20 feet upstream of, the El Camino Real bridge structure. It will be the responsibility of the City of Encinitas to monitor the sedimentation under the bridge and dredge the area as necessary to maintain an elevation of 72 feet.
	(10.)	The monitoring of the revegetation efforts should be both qualitative and quantitative. Qualitative assessments should be made at the time of each report to indicate whether the revegetation is, in general, successful (i.e., if the plants are becoming established and healthy). If the monitoring indicates that any of the revegetation effort is not progressing, the consulting biologist will need to identify potential reasons for the lack of progress and make recommendations for any changes that should occur in the mitigation plan.
•	Coastal Mixed Chaparral and sensitive plant species impacts - To mitigate potential impacts to the Southern Mixed Chaparral community and to the Coast Scrub Oak, one of the following three options should be implemented to the satisfaction of the Encinitas Community Development Director:
	(1.)	Implementation of the cribwall alternative instead of the proposed project.
	(2.)	An intensive planting program to restore the Southern Mixed Chaparral, including containerized planting of pretreated plants and some seeding (not all hydroseeding).
	(3.)	The purchase and preservation, in a natural state, of good quality Southern Mixed Chaparral off-site.
•	Brush control impacts - The thinning of the native vegetation for fire protection at the base of the slope behind the Home Improvement Center should be accomplished in the following manner:
	(1.)	Thinning must be limited to hand clearing of Chamise and Black Sage.
	(2.)	Selective hand pruning must be used to thin and reduce lower vegetative portions of the following shrubs: Coast Scrub Oak, Toyon, Lemonade-berry and Laurel-leaf Sumac.
	(3.)	The following species must be retained in an unaltered state: Del Mar Manzanita, Coast White Lilac, Chaparral Coffeeberry, Mohave Yucca and Ramona Lilac.
	(4.)	Annual species and low-growing perennials must remain unless they are exotic elements to the Chaparral.
	(5.)	Thinning must be limited to cutting of material, and no soil disturbance is to occur which may exacerbate erosion of the slope areas.
	(6.)	Zones 3 and 4, including non-irrigated and irrigated planting areas, should not contain plants which are known to escape from cultivation. In particular, various ice plants, Ngaio, Pampas Grass, Fountain Grass and similar invasive plants should be prohibited from use within these zones.
•	California Gnatcatcher habitat - Because the California Gnatcatcher has been federally listed as a threatened species, mitigation for potential impacts to California Gnatcatcher habitat will be determined by the U.S. Fish & Wildlife Service. Two alternatives will be considered by the Service:
	(1.)	On-site Mitigation Alternative - Under this alternative portions of Planning Areas 1 and 2 and all of Planning Area 3 will be dedicated as biological open space easements. The residential development area of Planning Area 2 will be reduced and less than 17 lots will be created. This alternative will provide a link between the steep slope vegetation and the wetlands on-site, will provide the regionally needed southern biological linkage to Green Valley, and will tend to address multi-species enhancement through the protection of additional vegetation in Planning Area 2. In order to ensure the biological integrity of the Gnatcatcher habitat under this alternative, no access to Planning Area 4 will be allowed across the biological open space easement required in Planning Area 3. Since there will be no direct access to the southerly portion of Planning Area 4 under this scenario, the disturbed habitat of this area may be revegetated to serve as wetland mitigation for future development of the northerly portion of Planning Area 4 along Olivenhain Road. Under this scenario the southern portion of Planning Area 4 may also be proposed for subdivision from the northerly, developable portion of the planning area. The southerly portion may then be acquired by a developer requiring off-site wetland mitigation for a non-related project.
	(2.)	Off-site Mitigation Alternative - This alternative addresses mitigation through acquisition and preservation of off-site land that is suitable long-term Gnatcatcher habitat. Off-site mitigation would translate into more defensible Gnatcatcher habitat which would be less susceptible to the secondary impacts associated with the urban environs of Encinitas. The off-site land acquisition should meet the following criteria:
		(a.)	Minimum size: 16 acres
		(b.)	Presence of existing Gnatcatcher population
		(c.)	Must connect to other habitat
		(d.)	Must be compatible with existing and planned land uses
		(e.)	Should be within 5 miles of the SPA
		(f.)	Must be acceptable to the U.S. Fish & Wildlife Service

d.) Geology

•	Earth settlement/liquefaction - The potential for settlement of the alluvium is recommended to be mitigated in one of two ways:

(1.) Surcharging of the alluvium beneath the proposed building footprint by placing additional fill soil above finished grade, thereby subjecting the soils to a load comparable to future foundation loads. A minimum surcharge height of 10 feet is recommended. This will require approximately 50,000 cubic yards of earthen material, which will be compacted and used to build up the development area at the end of the surcharge period.

(2.) The alternative mitigation measure consists of supporting the proposed building on a pile-driven foundation. The piles should extend below the compressible alluvial soil into satisfactory foundation support material.

e.) Traffic

•	Long-term impacts on existing regional traffic problems: Project applicants should be required to contribute, on a fair-share basis, to regional traffic improvements.
•	Cumulative impacts on nearby roads and intersections until roads are improved:
	(1.)	The project applicant shall relinquish access rights to El Camino Real except for the three proposed entrances.
	(2.)	Improve El Camino Real to a one-half graded ROW width of 68 feet with 58 feet of asphaltic concrete pavement over approved base with Portland cement concrete curb, gutter, bike lane and sidewalk, with curb at 58 feet from the centerline, and provide a raised median for the full length of frontage on El Camino Real except for the main entrance intersection.
	(3.)	Contribute to the widening of Olivenhain Road, which includes improvement of the El Camino Real/Olivenhain Road intersection.
•	Short-term cumulative impacts on Encinitas Boulevard intersections at I-5 and El Camino Real - It is recommended that the project applicants contribute funding on a fair-share basis toward the following future City improvements:
	(1.)	Construction of an eastbound right-turn lane on Encinitas Boulevard at El Camino Real.
	(2.)	The widening of the I-5 exit ramps at Encinitas Boulevard to provide two left-turn lanes and two right-turn lanes, and by widening Encinitas Boulevard to provide three eastbound and westbound through lanes.
•	Potential safety hazards related to access and internal circulation:
	(1.)	Provide patterned Bomanite pads along the main driveway in front of the home improvement center building. These special treatment areas should be located at the end of each parking aisle adjacent to the store front. The special paving treatments should end 4 to 6 feet south of the parking lot landscape islands and should not include the customer pick-up lane.
	(2.)	The same Bomanite paving treatment described in #1 above should be used at the main entrance near El Camino Real.
	(3.)	A minimum of three striped crosswalks should be added in front of the home improvement center along the main entry driveway on smooth asphalt paving. The striping should be prominent and extend to the Bomanite paving areas on each side. The Bomanite should not extend entirely across the driveway on the north side so that a smooth walkway will be available for customers with carts.
	(4.)	The main entry must be at least 48 feet wide.

f.) Paleontology

•	Potential destruction of resources:

(1.) A qualified paleontologist should do a literature and records search; surface study of the portions of the site underlain by potentially fossiliferous formations that will be disturbed (Delmar and Torrey Sandstone Formations); subsurface testing if necessary; record any sites; and make recommendations regarding the need for future work.

(2.) If it is determined that further work is necessary, implement mitigation program.

Planning Area 2 - Upland Open Space

a. Description

This planning area of approximately 23.9 acres is located in the southwest portion of the Specific Plan area overlooking the Home Improvement Center in Planning Area 1 to the north and El Camino Real and Green Valley to the west.

b. Permitted Uses

Planning Area 2 shall be a dedicated biological open space. If the California gnatcatcher is removed from the U.S. Fish & Wildlife "threatened" or "endangered " species list, up to 5 residential single- family homes could be located at the extension of Scott Place. If the gnatcatcher is delisted and residential development is desired in Planning Area 2, the Specific Plan will require an Administrative Amendment to restore all appropriate residential sections to the text as they appeared in the original Specific Plan approved on September 22, 1993.

c. Development Standards

1.) Landscaping

Planning Area 2 is located within Specific Plan Landscape Zone 4 - Open Space and Conservation Zone (see Exhibit III-3).

For further details on Planning Area 2 landscaping requirements refer to Section C, Landscape Architecture, of this chapter and Section 0.3 in Chapter IV.

2.) Open Space

Planning Area 2 has been designated as Upland Open Space by this Specific Plan (refer to Exhibit II-10). This area shall be dedicated for a natural open space easement for the purpose of preserving the native chaparral and gnatcatcher habitat. Said easement(s) shall allow for temporary construction encroachments for street improvements along El Camino Real and for hillside grading in the northern portion of the planning area adjacent to the south side of the Home Improvement Center in Planning Area 1. Public utility easements shall also be allowed within the Natural Open Space area. Any area within the Upland Open Space designation which is disturbed during the development process shall be revegetated utilizing plantings described in the plant palette for Landscape Zone 4 in Section C.3 of this chapter. A fuel management program for the open space area is described in Section C.5 of this chapter.

3.) Environmental Mitigation Measures

The Home Depot Specific Plan and Tentative Map Environmental Impact Report (EIR) identifies potential environmental impacts which could occur as a result of development in Planning Area 2. These potential impacts are described below along with mitigation measures described by the EIR which, when implemented, will reduce these potentially significant impacts to a level below significance.

a.) Water Quality

•	Sedimentation of Encinitas Creek:

(1.) An erosion control plan shall be designed and implemented for Planning Area 2. The plan should be prepared by a registered civil engineer and approved by the City of Encinitas. The plan shall include all necessary erosion control measures, and monitoring shall be done before, during and after grading to ensure that the necessary measures have been implemented and are effective. The on-site erosion control plan should be revised as necessary to ensure that it is achieving its purpose.

(2.) All grading should be accomplished during the dry months, from approximately April 15 to October 15 unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading period may also require alteration for the protection of sensitive species. In order to provide the most protection, grading should be completed by mid-summer so that areas to be planted may be established prior to the rainy season.

(3.) All graded and cleared areas must be revegetated immediately upon the completion of grading. Exposed slopes should be immediately reseeded with a suitable erosion control ground cover.

(4.) The erosion control plan for Planning Area 2 should include desilting basins as required by the City Engineer. It is recommended that the erosion control plan include the construction of one desilting basin near the westernmost terminus of the Scott Place extension and another at the bottom of the slope adjacent to El Camino Real near the southwest corner of Planning Area 2.

(5.) Sandbags and/or other types of barriers should also be placed at the limits of grading.

(6.) Energy dissipators should be installed at the base of the storm drain outlets.

b.) Biology

•	Indirect impacts from water quality degradation:
	(1.)	Grading should be restricted to the period from April 15 through October 15 to minimize the indirect impacts of erosion and sedimentation on biological resources unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading of the upland areas should be limited to late summer and early fall to avoid conflicts with the California Gnatcatcher breeding season or as directed by the U.S. Fish & Wildlife Service.
	(2.)	Temporary desiltation basins and standard construction sedimentation control measures should be implemented to prevent siltation of Encinitas Creek. Exposed slopes should be immediately reseeded with a suitable erosion control ground cover after completion of grading. Long-term sedimentation and water quality impacts should be addressed by ensuring slope stability, adequate slope drainage systems, and effective revegetation of exposed slopes.
	(3.)	An erosion control plan approved by the City Engineer should be implemented.
•	Coastal Mixed Chaparral and sensitive plant species impacts - To mitigate potential impacts to the Southern Mixed Chaparral community and to the Coast Scrub Oak, one of the following three options should be implemented to the satisfaction of the Encinitas Community Development Director:
	(1.)	Implementation of the cribwall alternative instead of the proposed project.
	(2.)	An intensive planting program to restore the Southern Mixed Chaparral, including containerized planting of pretreated plants and some seeding (not all hydroseeding).
	(3.)	The purchase and preservation, in a natural state, of good quality Southern Mixed Chaparral off-site.
•	Brush control impacts - The thinning of the native vegetation for fire protection at the base of the slope behind the Home Improvement Center should be accomplished in the following manner:
	(1.)	Thinning must be limited to hand clearing of Chamise and Black Sage.
	(2.)	Selective hand pruning must be used to thin and reduce lower vegetative portions of the following shrubs: Coast Scrub Oak, Toyon, Lemonade-berry and Laurel-leaf Sumac.
	(3.)	The following species must be retained in an unaltered state: Del Mar Manzanita, Coast White Lilac, Chaparral Coffeeberry, Mohave Yucca and Ramona Lilac.
	(4.)	Annual species and low-growing perennials must remain unless they are exotic elements to the Chaparral.
	(5.)	Thinning must be limited to cutting of material, and no soil disturbance is to occur which may exacerbate erosion of the slope areas.
	(6.)	Zones 3 and 4, including non-irrigated and irrigated planting areas, should not contain plants which are known to escape from cultivation. In particular, various ice plants, Ngaio, Pampas Grass, Fountain Grass and similar invasive plants should be prohibited from use within these zones.
•	California Gnatcatcher habitat - Because the California Gnatcatcher has been federally listed as a threatened species, mitigation for potential impacts to California Gnatcatcher habitat will be determined by the U.S. Fish & Wildlife Service. Two alternatives will be considered by the Service:
	(1.)	On-site Mitigation Alternative - Under this alternative portions of Planning Areas 1 and 2 and all of Planning Area 3 will be dedicated as biological open space easements. The residential development area of Planning Area 2 will be reduced and less than 17 lots will be created. This alternative will provide a link between the steep slope vegetation and the wetlands on-site, will provide the regionally needed southern biological linkage to Green Valley, and will tend to address multi-species enhancement through the protection of additional vegetation in Planning Area 2. In order to ensure the biological integrity of the Gnatcatcher habitat under this alternative, no access to Planning Area 4 will be allowed across the biological open space easement required in Planning Area 3. Since there will be no direct access to the southerly portion of Planning Area 4 under this scenario, the disturbed habitat of this area may be revegetated to serve as wetland mitigation for future development of the northerly portion of Planning Area 4 along Olivenhain Road. Under this scenario the southern portion of Planning Area 4 may also be proposed for subdivision from the northerly, developable portion of the planning area. The southerly portion may then be acquired by a developer requiring off-site wetland mitigation for a non-related project.
	(2.)	Off-site Mitigation Alternative - This alternative addresses mitigation through acquisition and preservation of off-site land that is suitable longterm Gnatcatcher habitat. Off-site mitigation would translate into more defensible Gnatcatcher habitat which would be less susceptible to the secondary impacts associated with the urban environs of Encinitas. The off-site land acquisition should meet the following criteria:
		(a.)	Minimum size: 16 acres
		(b.)	Presence of existing Gnatcatcher population
		(c.)	Must connect to other habitat
		(d.)	Must be compatible with existing and planned land uses
		(e.)	Should be within 5 miles of the SPA
		(f.)	Must be acceptable to the U.S. Fish & Wildlife Service

c.) Geology

•	Earth settlement/liquefaction:

Grading permit applications shall include a project-specific preliminary geotechnical analysis. The analysis should address potential geologic hazards within the specific project area and should include recommendations for the mitigation of potential hazards.

d.) Cultural Resources

•	Potential for remaining subsurface components of historic site:

It is recommended that a qualified archaeologist be present during grading of the southern portion of Planning Area 2 to monitor all grading and trenching activities. The archaeologist must have the authority to temporarily stop the grading if a pocket of cultural materials is encountered and consult with the City of Encinitas on the significance of the material encountered.

Planning Area 3 - Wetlands Open Space

a. Description

Planning Area 3 is located on approximately 11.3 acres in the northwest portion of the Specific Plan area. The planning area consists of the Encinitas Creek floodplain, associated wetlands and nuisance water treatment ponds. It is bounded by Home Depot and El Camino Real to the west, Olivenhain Road to the north, Planning Area 4 to the east, and the Uplands Open Space of Planning Area 2 to the south.

b. Permitted Uses

Planning Area 3 shall be a dedicated biological open space. Permitted uses include borrow site, nuisance water treatment ponds and flood control facilities.

c. Development Standards

1.) Landscaping

Planning Area 3 includes two of the Specific Plan Landscape Zones: Zone 1 - Wetland Zone and Zone 2 - Wetland Restoration Zone (see Exhibit III-3). For further details on Planning Area 3 landscaping requirements refer to Section C, Landscape Architecture, of this chapter and Section C.3 in Chapter IV.

2.) Open Space

Planning Area 2 has been designated as Wetland Open Space by this Specific Plan (refer to Exhibit II-10). The area shall be dedicated for a natural open space easement for the purpose of preserving the wetlands habitat. Said easement(s) shall allow for temporary construction encroachments for street improvements along El Camino Real and Olivenhain Road and for grading in the southern portion of the planning area adjacent to the north side of the Home Improvement Center in Planning Area 1. Public utility easements shall also be allowed within the Open Space area. Any area within the Wetland Open Space designation which is disturbed during the development process shall be revegetated utilizing plantings described in the plant palette for Landscape Zone 2 in Section C.3 of this chapter.

3.) Environmental Mitigation Measures

The Home Depot Specific Plan and Tentative Map Environmental Impact Report (EIR) identifies potential environmental impacts which could occur as a result of development within Planning Area 3. These potential impacts are noted below along with mitigation measures described by the EIR. With the implementation of these measures, it is anticipated that development could be mitigated to a level that is less than significant.

a.) Hydrology

•	Flooding and long-term sedimentation of Encinitas Creek:

In order to minimize potential flooding, the Encinitas Creek channel should be maintained at an elevation that promotes flowage and reduces back-flooding. The flooding that has occurred in the past in Planning Area 3 will be reduced by the dredging beneath and just upstream of the El Camino Real bridge. The project applicant for Planning Area 3 will be responsible for maintaining the channel onsite along the frontage in Planning Area 3.

b.) Water Quality

•	Sedimentation of Encinitas Creek:

(1.) An erosion control plan shall be designed and implemented for Planning Area 3. The plan should be prepared by a registered civil engineer and approved by the City of Encinitas. The plan shall include all necessary erosion control measures, and monitoring shall be done before, during and after grading to ensure that the necessary measures have been implemented and are effective. The-on-site erosion control plan should be revised as necessary to ensure that it is achieving its purpose.

(2.) All grading should be accomplished during the dry months, from approximately April 15 to October 15 unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading period may also require alteration for the protection of sensitive species. In order to provide the most protection, grading should be completed by mid-summer so that areas to be planted may be established prior to the rainy season. The fill for any surcharge operation may remain in place during the wet months providing proper erosion control measures are provided as required by the City Engineer.

(3.) All erosion control measures and devices must be periodically monitored after project completion to ensure that they are in working order and are successful. Defective and/or damaged devices must be replaced. Monitoring and maintenance should continue throughout the life of the project, and if ownership is changed, the new owner must be notified of these requirements and must agree to continue the monitoring and maintenance. A covenant to be recorded with the property title will alert future property owners of these requirements.

(4.) All graded and cleared areas must be revegetated immediately upon the completion of grading. The fill used for any surcharge operation, as well as exposed slopes, should be immediately reseeded with a suitable erosion control ground cover.

(5.) The future development of Planning Area 3 should include an oil/water/sediment separator system and nuisance water treatment wetland area similar to that planned for Planning Area 1. It should include a wetland treatment area of at least 0.1 acre in surface area. It should be constructed and maintained to the north of the development area footprint and should treat all runoff from graded and/or developed areas within Planning Area 3. The degraded wetland areas could be used for the purpose of constructing the marsh treatment pond.

c.) Biology

•	Indirect impacts from water quality degradation:
	(1.)	Grading should be restricted to the period from April 15 through October 15 to minimize the indirect impacts of erosion and sedimentation on biological resources unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading of the upland areas should be limited to late summer and early fall to avoid conflicts with the California Gnatcatcher breeding season or as directed by the U.S. Fish & Wildlife Service.
	(2.)	Temporary desiltation basins and standard construction sedimentation control measures should be implemented to prevent siltation of Encinitas Creek. Exposed slopes should be immediately reseeded with a suitable erosion control ground cover after completion of grading. Long-term sedimentation and water quality impacts should be addressed by ensuring slope stability, adequate slope drainage systems, and effective revegetation of exposed slopes.
	(3.)	An erosion control plan approved by the City Engineer should be implemented.
•	California Gnatcatcher habitat - Because the California Gnatcatcher has been federally listed as a threatened species, mitigation for potential impacts to California Gnatcatcher habitat will be determined by the U.S. Fish & Wildlife Service. Two alternatives will be considered by the Service:
	(1.)	On-site Mitigation Alternative - Under this alternative portions of Planning Areas 1 and 2 and all of Planning Area 3 will be dedicated as biological open space easements. The residential development area of Planning Area 2 will be reduced and less than 17 lots will be created. This alternative will provide a link between the steep slope vegetation and the wetlands on-site, will provide the regionally needed southern biological linkage to Green Valley, and will tend to address multi-species enhancement through the protection of additional vegetation in Planning Area 2. In order to ensure the biological integrity of the Gnatcatcher habitat under this alternative, no access to Planning Area 4 will be allowed across the biological open space easement required in Planning Area 3. Since there will be no direct access to the southerly portion of Planning Area 4 under this scenario, the disturbed habitat of this area may be revegetated to serve as wetland mitigation for future development of the northerly portion of Planning Area 4 along Olivenhain Road. Under this scenario the southern portion of Planning Area 4 may also be proposed for subdivision from the northerly, developable portion of the planning area. The southerly portion may then be acquired by a developer requiring offsite wetland mitigation for a non-related project.
	(2.)	Off-site Mitigation Alternative - This alternative addresses mitigation through acquisition and preservation of off-site land that is suitable longterm Gnatcatcher habitat. Off-site mitigation would translate into more defensible Gnatcatcher habitat which would be less susceptible to the secondary impacts associated with the urban environs of Encinitas. The off-site land acquisition should meet the following criteria:
		(a.)	Minimum size: 16 acres
		(b.)	Presence of existing Gnatcatcher population
		(c.)	Must connect to other habitat
		(d.)	Must be compatible with existing and planned land uses
		(e.)	Should be within 5 miles of the SPA
		(f.)	Must be acceptable to the U.S. Fish & Wildlife Service

d.) Geology

•	Earth settlement/liquefaction:

Grading permit applications shall include a project-specific preliminary geotechnical analysis. The analysis should address potential geologic hazards within the specific project area and should include recommendations for the mitigation of potential hazards.

e.) Paleontology

•	Potential destruction of resources:

When development is proposed for Planning Area 3, there will be a potential for impacts on paleontological resources if the hillsides in the southern portion of the potential development area are disturbed and/or excavated. The environmental initial study for any future proposed development of Planning Area 3 should determine whether the proposed development has the potential for cutting into the area underlain by the Torrey Sandstone Formation. If development is proposed in this area, a mitigation program similar to the program discussed for Planning Areas 1 and 2 should be implemented.

Planning Area 4 - Commercial - Light Industrial

a. Description

This planning area of about 10.5 acres is located in the eastern portion of the Specific Plan area. The northerly boundary of the site is adjacent to the southerly right-of-way line of Olivenhain Road. The northerly half of the westerly planning area boundary is adjacent to Planning Area 3 while the southerly half is adjacent to Planning Area 2. A 150-foot S.D.G.&E. utility easement is located along the westerly boundary. Encinitas Creek flows from east to west through the north central portion of the site. Land uses which could be allowed in this planning area include certain general commercial and light industrial uses. No development plans are proposed for Planning Area 4 by this Specific Plan. Site-specific development constraints may limit use of the site. Depending on the proposed land use, future development of the property will require Design Review approval and, depending on the proposed use, may also require Conditional Use Permit approval.

b. Permitted Uses

1.) The following uses are permitted by right in Planning Area 4:

Accessory Building

Antique Sales/Warehouse

Appliance Sales/Repairs

Art Gallery or Artist Studio

Bakery, Retail

Bicycle Sales, Rental & Service

Blueprinting & Photostating

Bookbinding

Book Sales

Bowling Alley

Building Materials Sales & Storage, Enclosed

Burial Casket Sales

Candy & Confectionery Sales

Cosmetic Design Studio

Delicatessen

Feed & Grain Sales

Financing Company

Florist Shop

Garage, Public Parking

Garden Supplies

Glass & Mirrors Retail

Glass Studio (Stained & Other)

Health Food Store

Ice & Cold Storage Plant

Ice Sales & Storage

Interior Decorating Service

Jewelry Mfg.

Lawnmower Sales & Service

Locksmith

Medical Equipment Sales

Newsstand

Office Equipment Sales

Optical Products Mfg. & Sales

Paper Products Sales

Parking Lot

Pet Shop/Pet Grooming

Photocopy Shop

Public Utilities: Offices/Installations

Retail Photo Finishing

Photographic Studio

Photographic Supplies

Pottery Sales

Real Estate Office

Recording Studio

Shoe Repair

Sporting Goods Sales

Surf Shop

Stationery Store

Swimming Pool Supplies/Equipment Sales

Tile Sales

Veterinarian (Kennel for Animal Patients Only)

2.) The following uses shall be allowed in Planning Area 4 upon the granting of a Minor Conditional Use Permit:

Agricultural Roadside Stand

Agricultural & Horticultural Production

Ambulance Service

Automobile Electric & Tune-up

Bank/Savings & Loan

Bird Raising

Building Material Sales & Storage, Outdoor

Cabinet Shop

Catering Service

Conservatory of Music

Dance Studio

Caretakers Dwelling

Frozen Food Locker

Home & Business Maintenance Service

Horticulture Services

Ice Cream Parlor

Horticultural Nursery

Business & Professional Office

Orthopedic Devices Mfg. & Sales

Parks & Recreation Areas

Pottery Sales

Restaurant (no alcohol sales)

Scientific Instruments Mfg. & Sales

Silk Screen Print Shop

Storage Building (self-storage)

3.) The following uses shall be allowed in Planning Area 4 upon the granting of a Major Conditional Use Permit:

Agricultural Equipment Sales & Repair

Animal Shelter

Athletic Field

Automobile Body Repair

Automobile Painting

Automobile Repair

Automobile Rental

Automobile Sales (New & Used)

Bakery, Wholesale

Boat Building

Boat Sales/Rentals

Borrow Site

Club, Athletic or Recreation

Club, Private

Club w/ Alcohol Sales

Contractor Storage Yard

Commercial Courts (Tennis, Racquetball, etc.)

Drive-Through Restaurant

Educational Institution, Private

Farmers Market

Fire Prevention Equipment Sales & Service

Fire Station

Fitness Studio

Glass Edging & Beveling

Golf Driving Range

Grocery Store (6,000 to 16,000 s.f.)

Hobby Supply Store

Kennel

Dental & Medical Laboratories

Labor Hall

Food Market (6,000 to 16,000 s.f.)

Medical/Dental Clinic

Medical/Dental Office

Motorcycle Sales & Service

Motor Vehicle Parts Store

Museum

Police/Sheriff Station/Jail

Post Office

Radio/Television Broadcasting Studio

Recreational Facilities, Private or Public

Recycling Facilities

Reducing Salon

Restaurant (w/ alcohol sales)

School, Technical

Small Animal Hospital/Kennel

Storage Building (Vehicle & RV)

Storage of Sand, Gravel, etc.

Uses Open More Than 20 Hours/Day

Warehouse

c. Development Standards

1.) Net Lot Area

The minimum net lot area allowed in Planning Area 4 shall be 10,000 square feet. Minimum lot width and lot depth shall be 100 feet.

2.) North Planning Area Boundary Setback

No structures shall be located less than 15 feet from the ultimate edge of right-of-way along Olivenhain Road. Open parking shall not be located less than 5 feet from the ultimate edge of Olivenhain Road. With the exception of points of access, a planting strip having a minimum width of 5 feet shall be required for all development areas adjacent to Olivenhain Road. Open parking located within 20 feet of Olivenhain Road shall require a masonry wall or berm 3 feet in height between the required landscape area and the parking area to adequately screen the parking area.

3.) East Planning Area Boundary Setback

No structures shall be located less than 10 feet from the easterly property line which adjoins the City of Encinitas public park site. Depending upon the intensity of land use proposed, a masonry wall 6 feet in height may be required to screen development located adjacent to the City park site. This decision shall be made during Design Review.

4.) South Planning Area Boundary Setback

A planning buffer of 100 feet consisting of a minimum 50-foot biological buffer which may include a nuisance water treatment facility, and 50 feet of unstructured area which may include parking and driveways. A U.S. Army Corps of Engineers wetlands encroachment permit will be required for any development located within the wetlands area and may specify additional setback requirements.

5.) West Planning Area Boundary Setback

No structures shall be located less than 150 feet from the westerly planning area boundary. Accessory structures, fences, walls and open parking may be located within the 150-foot S.D.G.&E. utility easement if approved by Design Review (and by Conditional Use Permit, if required by proposed use).

6.) Lot Coverage

Maximum lot coverage shall be 40 percent. Lot coverage calculations shall be based upon the lot area not having environmental constraints.

7.) Building Height

No buildings or structures shall exceed a height of 30 feet or two stories in Planning Area 4. An additional 6 feet shall be allowed for the following projections: radio, TV and satellite dish antennas, flagpoles, chimneys, towers, hips and gables, roofs sloped at 4 and 12 or greater, and spires.

8.) Floor/Area Ratio

The maximum allowable Floor/Area Ratio shall be .75. Ratio calculations shall be based upon the lot area not having environmental constraints.

9.) Off-Street Parking

Off-street parking requirements shall be determined by Chapter 30.54, Off-street Parking, of the City of Encinitas Municipal Code.

10.) Landscaping

A minimum of 15 percent of the developed lot area (see Refined Open Space, Page II-20) shall be landscaped. Special care shall be taken to ensure the landscape treatment of the area adjacent to the wetlands area is compatible with the wetlands habitat. For further landscaping guidelines refer to Section C, Landscape Architecture, of this chapter.

11.) Open Space

The Encinitas Creek wetlands area which is not a part of the developed lot area shall be offered for dedication as a wetlands open space easement as a condition of Design Review approval.

12.) Fencing

Fencing details are described in the Landscape Architecture section of this chapter. A special wall or fence may be required for areas of development which are adjacent to the City park site. The locations, dimensions and materials for all fences and walls shall be addressed by Design Review.

13.) Lighting

The Design Review application shall include a lighting plan which indicates exterior lighting standards and devices. The plan shall be adequate to review possible hazards and disturbances to the wetlands and other adjacent properties.

14.) Signage

Signage in Planning Area 4 shall be governed by the sign regulations found in Chapter 30.60 of the City of Encinitas Zoning Code. If signage is to be provided a sign program shall be included with the Design Review application. The sign program shall indicate the location, dimensions and materials for all proposed exterior signs. If temporary or seasonal signs are anticipated they should also be described.

15.) Environmental Mitigation Measures

The Home Depot Specific Plan and Tentative Map Environmental Impact Report (EIR) identifies potential environmental impacts which could occur as a result of development within Planning Area 4. These potential impacts are noted below along with mitigation measures described by the EIR. With the implementation of these measures, it is anticipated that development could be mitigated to a level that is less than significant. However, additional environmental analysis will be required when specific development is proposed. Because wetland boundaries may change with time, the wetlands area should be re-evaluated during environmental review when specific development is proposed.

a.) Hydrology

•	Flooding and long-term sedimentation of Encinitas Creek:

In order to minimize potential flooding, the Encinitas Creek channel should be maintained at an elevation that promotes flowage and reduces back-flooding. The flooding that has occurred in the past in Planning Area 4 will be reduced by the dredging beneath and just upstream of the El Camino Real bridge. The project applicant for Planning Area 4 will be responsible for maintaining the channel onsite along the frontage in Planning Area 4.

b.) Water Quality

•	Sedimentation of Encinitas Creek:

(1.) An erosion control plan shall be designed and implemented for Planning Area 4. The plan should be prepared by a registered civil engineer and approved by the City of Encinitas. The plan shall include all necessary erosion control measures, and monitoring shall be done before, during and after grading to ensure that the necessary measures have been implemented and are effective. The on-site erosion control plan should be revised as necessary to ensure that it is achieving its purpose.

(2.) All grading should be accomplished during the dry months, from approximately April 15 to October 15 unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading period may also require alteration for the protection of sensitive species. In order to provide the most protection, grading should be completed by mid-summer so that areas to be planted may be established prior to the rainy season. The fill for any surcharge operation may remain in place during the wet months providing proper erosion control measures are provided as required by the City Engineer.

(3.) All erosion control measures and devices must be periodically monitored after project completion to ensure that they are in working order and are successful. Defective and/or damaged devices must be replaced. Monitoring and maintenance should continue throughout the life of the project, and if ownership is changed, the new owner must be notified of these requirements and must agree to continue the monitoring and maintenance. A covenant to be recorded with the property title will alert future property owners of these requirements.

(4.) All graded and cleared areas must be revegetated immediately upon the completion of grading. The fill used for any surcharge operation, as well as exposed slopes, should be immediately reseeded with a suitable erosion control ground cover.

(5.) The future development of Planning Area 4 should include an oil/water/sediment separator system and nuisance water treatment wetland area similar to that planned for Planning Area 1 for any area of development adjacent to wetlands that will drain toward the wetlands and/or creek. It should treat all runoff from Planning Area 4.

c.) Biology

•	Indirect impacts from water quality degradation:
	(1.)	Grading should be restricted to the period from April 15 through October 15 to minimize the indirect impacts of erosion and sedimentation on biological resources unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. The grading of the upland areas should be limited to late summer and early fall to avoid conflicts with the California Gnatcatcher breeding season or as directed by the U.S. Fish & Wildlife Service.
	(2.)	Temporary desiltation basins and standard construction sedimentation control measures should be implemented to prevent siltation of Encinitas Creek. Exposed slopes should be immediately reseeded with a suitable erosion control ground cover after completion of grading. Long-term sedimentation and water quality impacts should be addressed by ensuring slope stability, adequate slope drainage systems, and effective revegetation of exposed slopes.
	(3.)	An erosion control plan approved by the City Engineer should be implemented.
•	Wetlands impacts:
	(1.)	The area south of Encinitas Creek in Planning Area 4 indicated as developable in the Specific Plan includes approximately 0.2-acre of wetlands. The northern limit of the developable area should be scaled back, at a minimum, to the wetland boundary.
	(2.)	The designated developable area south of Encinitas Creek includes approximately 1.3 acres of steep slopes. It is recommended that the uses of the steep slopes be restricted to those which do not require grading or exposure of the soil.
	(3.)	A nuisance water treatment wetland similar to that designed for Planning Area 1 should be constructed and maintained for any development in Planning Area 4. It should be designed when development is proposed.
	(4.)	The degraded wetlands should be used for buffering the existing wetlands.
	(5.)	If the developable areas are not reduced as recommended in #1 and #2 above, mitigation for the loss of wetlands within Planning Area 4 may require off-site mitigation.

d.) Geology

•	Earth settlement/liquefaction:

Grading permit applications shall include a project-specific preliminary geotechnical analysis. The analysis should address potential geologic hazards within the specific project area and should include recommendations for the mitigation of potential hazards.

e.) Traffic

•	Long-term impacts on existing regional traffic problems:

Project applicants should be required to contribute, on a fair-share basis, to regional traffic improvements.

•	Cumulative impacts on nearby roads and intersections until roads are improved:

Contribute to the widening of Olivenhain Road, which includes improvement of the El Camino Real Olivenhain Road intersection.

f.) Noise

•	Excessive noise levels in the northern portion of Planning Area 4:

When development is proposed for Planning Area 4, additional project-specific noise analysis will be required.

g.) Paleontology

•	Potential destruction of resources:

When development is proposed for Planning Area 4, there will be a potential for impacts on paleontological resources if the hillsides in the southern potential development area are disturbed and/or excavated. The environmental initial study for any future proposed development of Planning Area 4 should determine whether the proposed development has the potential for cutting into the area underlain by the Torrey Sandstone Formation. If development is proposed in this area, a mitigation program similar to the program discussed for Planning Areas 1 and 2 should be implemented.

h.) EMF Hazard

•	Potential impacts to future development in Planning Area 4:

The issues of extra low frequency radiation (ELF) and electromagnetic fields (EMF) should be restudied at the time of the proposed development of Planning Area 4. At that time, it may be appropriate to restrict development in certain areas unless SDG&E is willing to implement mitigation measures.

G SPECIAL CONDITIONS.

1. General Conditions

a. The approval for the Tentative Map for Planning Areas 1 and 2 shall expire on September 8, 1996, thirty-six months after the approval of the Tentative Map unless the conditions of approval have been met and a Final Subdivision Map has been recorded, or an extension of time has been granted by the Authorized Agency in accordance with the Municipal Code and the State Map Act.

b. Approval of these application requests shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically noted in the Specific Plan document or specifically waived herein.

c. The Mitigation Monitoring and Reporting Program (MMRP) as contained within the Environmental Impact Report for the project as certified by the City Council on September 8, 1993 and the Addendum to the Final EIR which was adopted by the City Council on September 8, 1993 shall be instituted for the project. A covenant shall be recorded prior to Final Map approval agreeing to comply with the mitigations and to submit funds to accomplish the Mitigation Monitoring and Reporting Program prior to issuance of any permits for the project. The amount of funds necessary to implement the program will be determined by the Director of Community Development and the City Engineer prior to issuance of said permits.

d. Permits from other agencies will be required as follows:

1.) The U.S. Fish & Wildlife Service will be the responsible agency for considering the issuance of a 10(a) Permit (or such other permit or approval as determined appropriate by the Service) for the proposed California Gnatcatcher Habitat Conservation Program (HCP).

2.) The project has already received a U.S. Army Corps of Engineers 404 Permit for the Wetland Enhancement Program. Said permit shall be maintained in force and effect during the duration of the project.

3.) A 1603 Agreement or other authorization from the California Department of Fish & Game will be required for the streambed alteration of Encinitas Creek.

4.) Approval from the California Coastal Commission and the County Department of Public Works will be required for the proposed roadway improvements along the property's frontage to El Camino Real.

5.) A National Pollutant Discharge Elimination System (NPDES) permit will be required from the State Water Resources Control Board for the proposed nuisance water treatment system.

6.) Annexation approval from the Leucadia County Water District will be required for the provision of sewer service to Planning Area 1.

2. The developer of Planning Areas 1, 2 and 3 shall contact the Community Development Department regarding compliance with the following conditions:

a. For new residential dwelling unit(s) and/or commercial structures, the developer shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be made:

1.) Prior to recordation of the Final Map; or

2.) Prior to issuance of a building permit;

as determined applicable by the appropriate department or agency.

b. Street names shall be approved by the City prior to the recordation of the Final Map, and street addresses shall be provided prior to the issuance of building permits.

c. Any changes to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties to the satisfaction of the City Engineer.

d. A plan shall be submitted for approval by the Director of Community Development 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 the transportation and utilization of any heavy equipment needed for the construction of the project.

e. The final grading for the residential lots in Planning Area 2 shall be in substantial conformance with, or be less than that shown on the Conceptual Grading Plan and Tentative Map in order to ensure minimal grading of the lots and carry but the intent to minimize the impact of development of the lots on nearby native vegetation that will be preserved in open space.

f. Biological open space easements and/or lots shall be required as shown on the Tentative Map and Site Plan for Planning Areas 1 and 2. The biological open space over steep slopes and their associated vegetation in Planning Area 2 shall be restricted in use so as to prohibit:

1.) Any grading or padding that would alter the natural landform except as shown on the approved Tentative Map/Grading Plan.

2.) Grazing of large animals.

3.) The removal of any vegetation unless permitted by application to the Fire Marshal and approved by the Community Development Director and the City Engineer.

4.) Placement or construction of any structures on said open space other than fencing along lot lines or separating the usable residential lot areas from the open space.

A covenant shall be recorded in the office of the County Recorder agreeing to the above condition by current and all future property owners. The Wetlands Enhancement open space in Planning Area 1 shall be designated as a biological open space easement on the Final Map. Temporary construction easements shall be permitted as approved by the City Engineer within these open spaces for the implementation of utility installation and for required grading and the implementation of revegetation programs.

g. The development and commercial use of Planning Area 1 shall comply with the following requirements:

1.) Home Depot store hours shall be from 6 a.m. to 9 p.m. Mondays through Fridays; from 6 a.m. to 8 p.m. on Saturdays; and from 8 a.m. to 6 p.m. on Sundays.

2.) Delivery hours shall be between the hours of 6 a.m. and 7 p.m. Mondays through Saturdays and from noon to 4 p.m. on Sundays.

3.) The fence between the parking area and the wetlands shall be provided with landscape plantings facing the parking facilities. A minimum of 4 feet, with no overhang of vehicles permitted, shall be required for the planting area adjacent to the fence. The plants shall be vine-like and planted at 10-foot on-center intervals to cover the fencing material as rapidly as possible. The 10 "finger- island" landscaped areas around the perimeter of the parking facility shall be increased in size to meet City landscape requirements. In addition to the proposed 4-foot square "diamond" tree island plantings in the main parking lot area, ten additional landscaped islands (equal or greater than the size of a typical parking stall) shall be provided randomly spaced throughout the parking lot. The implementation of additional landscaped islands within the parking lot may reduce the currently proposed number of parking stalls from 549 spaces to 534, with the minimum number of spaces required by the Code being 531.

4.) The trash compactor shall only be operated between the hours of 9 a.m. and 6 p.m. The applicant shall determine if the hours of operation of the trash compactor can be further reduced on Sundays.

5.) Delivery trucks traveling south on El Camino Real and turning into the parking lot at the central entry shall immediately turn to the right into the parking area on the west side of the structure to access the delivery driveway on the south side of the structure. A sign shall be posted which is visible to delivery truck drivers accessing the loading dock that reads: "TURN ENGINES OFF." A wing wall shall be located on the south side of the loading area for additional sound attenuation purposes.

6.) No outdoor construction shall take place before 7 a.m. or after 5 p.m. Mondays through Saturdays. No outdoor construction shall be permitted on Sundays.

7.) If City noise standards are exceeded, use of forklifts outdoors shall be limited to electrically powered vehicles. The use of an outdoor public address system is prohibited for all exterior areas, including the Garden Center.

8.) Potential noise generated by the cutting of Christmas trees shall be regulated by the Municipal Code noise standards.

9.) The tree plantings along the sound attenuation wall on the east side of Planning Area 1 shall be 24- to 36-inch box trees. All trees to be planted in the parking area shall be a minimum of 24-inch box in size.

10.) All parking area lights shall be turned off 1 hour after the store's closing hour except for the bank of lights for the parking lot on the west side of the structure and for the parking area along El Camino Real directly north of the central access point to the parking facilities.

11.) The outdoor storage of goods shall only be permitted while the material is waiting to be stored inside the structure. Merchandise proposed for sale may only be displayed outdoors adjacent to the store's entry to the satisfaction of the Director of Community Development.

12.) The roof cap sheet will be gray to off-white in color and will be "minimally reflective" with the roof mounted electrical equipment and coolers colored to match.

13.) The vertical pickets of the Garden Center fence shall be approximately 4 inches on center. The pickets and wrought iron wire mesh screen material shall be painted a flat black color.

14.) An access and utility easement shall be provided across Planning Area 1 to serve Planning Area 3 and the southern portion of Planning Area 4 prior to Final Map approval unless the on-site mitigation option is approved by the USF&WS.

15.) A maximum of five single family residential lots may be created in Planning Area 2 if it can be demonstrated to the satisfaction of the Planning Commission (or as may be provided by the Municipal Code), prior to Final Map approval, that the Tentative Map complies with the Municipal Code standards for the Hillside Overlay Zone (Sec. 30.34.030) which restricts development of areas having 25% slopes or greater to a maximum 10% encroachment.

16.) Exterior lighting, including security lighting, shall be shielded as discussed on page IV-17 of the Specific Plan.

17.) The wall along the east side of the Home Improvement Center shall be raised an additional 2 feet to a total height of 7 feet to increase its sound attenuation capabilities.

18.) The original cross-truss design above the entry to the Home Improvement Center shall be implemented pursuant to plans dated received by the City on May 4, 1993.

h. The residential subdivision in Planning Area 2 shall be limited to a maximum of 5 lots. The number of residential lots in Planning Area 2 may be reduced if on-site California gnatcatcher mitigation is required by the U.S. Fish & Wildlife Service. If the number of lots is reduced, the resultant development area shall not extend beyond the boundaries of the original 17-lot design. No construction within the subdivision shall occur in the evenings after 5 p.m.

i. All required plantings and approved irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, irrigation and screening requirements as set forth in this Specific Plan document. All landscaping and associated automatic irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties.

Signs

j. Any signs proposed for this development shall be designed and placed in conformance with the Specific Plan. Future signage for Planning Area 4 shall conform to the provisions of the City's Sign Ordinance or as may be permitted by the Specific Plan, or future amendments thereto.

k. A comprehensive Sign Program for development within Planning Area 2 shall include temporary subdivision advertising signs and any model home and information signing to be submitted to the Community Development Department for review and approval prior to issuance of building permits in compliance with the Specific Plan.

3. Developer shall contact the Encinitas Fire Protection District regarding compliance with the following conditions:

a. The unobstructed paved width of a fire access roadway shall be not less than 24 feet. Exception: A fire access roadway providing access to only one single family dwelling or a one-way section of roadway shall be not less than 16 feet in paved width.

b. Turnarounds: All dead-end fire access roads in excess of 150 feet in length shall be provided with a cul-de-sac or equivalent turning area satisfactory to the Fire Chief. The minimum radius of a cul-de-sac shall not be less than 40 feet. Where topography would prevent the construction of a cul-de-sac, an alternative turn-around approved by the Fire Chief may be installed.

c. Prior to delivery of combustible building materials on site, water system shall satisfactorily pass all required tests and be connected to the public water system. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District.

d. All designated emergency access roads shall be posted pursuant to Fire District Standards.

e. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear a minimum of 24 feet wide at all times during construction in accordance with Fire District requirements.

f. Submit a letter from the Fire District stating satisfaction with the type and location of fire hydrants and the minimum water flow in gallons per minute together with a letter to the appropriate agency certifying that the fire department's minimum required water flow is available to serve the project. Provisions shall be made to ensure a maximum water pressure at the hydrant of 250 psi. The installation of a pressure reducing station may be required. Fire hydrants shall be of a bronze type and shall be identified by installing a "blue" reflective dot on the street surface pursuant to Fire District Standards.

g. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument.

h. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems, as required per City Ordinance, shall be installed to the satisfaction of the Encinitas Fire Protection District.

i. Prior to final recordation, the developer shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District.

j. The developer shall sign a covenant agreeing to pay to the Encinitas Fire Protection District, a fee to mitigate the project impacts on Emergency Services.

k. Prior to recordation of the Final Map, the developer shall submit a letter from the Fire District to the Community Development Department stating that fire/fuel breaks have been provided to the satisfaction of the Fire District.

l. Gates: All automatic gates across fire access roadways (if applicable) shall be equipped with approved emergency key operated switches overriding all command functions and opening the gate. Gates accessing more than three residences or residential lots shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus. All automatic gates must meet Fire District policies deemed necessary by the Chief for rapid reliable access.

m. Response Maps: Any development which, by virtue of new structures, necessitates fire hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services, and shall be charged a reasonable fee for updating all response maps.

n. Grade: The gradient for a fire apparatus access roadway shall not exceed 20%. The angle of departure and approach shall not exceed the maximum approved by the Encinitas Fire Protection District.

4. Developer shall contact the Public Works Department regarding compliance with the following conditions:

Grading

a. No grading permits shall be issued for the residential subdivision in Planning Area 2 prior to recordation of the Final Subdivision Map.

b. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.

c. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil 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.

d. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. This does not pertain to the off-site road improvements.

e. A separate grading plan shall be submitted and approved and a separate grading permit issued for any borrow or disposal sites if located within the city limits.

f. All newly created slopes within this project shall be no steeper than 2:1.

g. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Said reports, if not already on file with the City, shall be submitted prior to building permit issuance or at first submittal of a grading plan.

h. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.

Drainage and Flood Control

i. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention 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 shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.

j. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. Drainage being concentrated in the roads must be carried in the road or drainage system to the satisfaction of the City Engineer.

k. The developer shall pay the current local drainage area fee prior to approval of the Final Map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer.

l. Concentrated flows across driveways and/or sidewalks shall not be permitted.

Streets and Sidewalks

m. Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drive or parking areas and maintenance thereof to the satisfaction of the City Engineer.

n. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within the project. The improvements shall be constructed prior to occupancy of any building on any lot within the project. The improvements are:

Construction of public right-of-way improvements for the portions of the property in Planning Areas 1 and 2 which front onto El Camino Real. Raised landscaped medians and a traffic light control system shall be provided on El Camino Real along the Planning Area 1 frontage to the satisfaction of the City Engineer and Director of Public Works. Access driveways into Planning Area 1 shall be designed and installed in accordance with adopted design standards to the satisfaction of the City Engineer. The developer shall contribute a fair share amount to the satisfaction of the City Engineer for future improvements to Olivenhain Road and other intersections and roadway segments as identified in the Final Environmental Impact Report mitigations.

o. Engineering Services staff, in implementing the City's Road Standards, will require Home Depot to pay for, or post a cash deposit or Letter of Credit for the value of the improvements as approved by the City Engineer for the construction of 24 feet of pavement, curb and sidewalk on Olivenhain Road for the length of Planning Area 1. Such payment will be made at the time of construction of the re-alignment and widening of Olivenhain Road. In addition, an Irrevocable Offer of Dedication for the excess area of land south of the existing alignment of Olivenhain Road shall be recorded for road right-of-way or road construction mitigation. Interim improvements and dedication of right-of-way as identified in the Home Depot EIR to bring the intersection of Olivenhain Road and El Camino Real to a Level of Service "C" prior to Final Occupancy approval, will be required.

5. The developer shall contact the appropriate agency regarding compliance with the following conditions:

a. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project.

b. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and Cable TV authorities and all other affected utilities.

c. All proposed utilities within the project shall be installed underground including existing utilities unless exempted by the Municipal Code.

d. The developer shall be responsible for the relocation and undergrounding of public utilities as required.

e. Non-publicly maintained sewers located under private streets or easements shall be designed and installed pursuant to public utility standards and final certification by a registered civil engineer must be submitted.

f. The subdivider shall install or agree to install a public sewer system within the development site to serve each parcel and obtain approval of the Leucadia Water District of plans and specifications for the installation of such public sewer system before Final Map recordation.

g. All sewage generated within this subdivision shall be capable of gravity flow to the public sewer system.

h. All newly created public sewer easements outside of maintained roadways but within this subdivision shall be graded and surfaced in accordance with district policies and specifications.

6. An Environmental Mitigation Monitoring and Reporting Program has been made a part of the conditions of approval for the Specific Plan area. It shall be the responsibility of the property owner to ensure that the program, as described in Section 1.3 of the Certified EIR, is implemented to the satisfaction of the Community Development Director. Failure to implement this program will be cause for revocation of this approval. Conditions of the program are summarized as follows:

a. Short-term Flooding: The developer of Planning Area 1 shall be responsible for the initial dredging beneath and within 20 feet upstream of the El Camino Real bridge structure to an elevation of 72 feet. The dredging shall be completed in conjunction with the Wetlands Enhancement Program to the satisfaction of the City Engineer.

b. Long-term Sedimentation and Flooding: After the initial dredging beneath the El Camino Real bridge by the developer, the City of Encinitas Public Works Department shall annually inspect the channel elevation in early October and dredge the channel as necessary to maintain the elevation at 72 feet.

c. Long-term Erosion and Sedimentation: Erosion control plans shall be prepared for the development of Planning Areas 1 and 2 to the satisfaction of the City Engineer. The erosion control plans shall include temporary desilting basins as necessary, as well as sandbags and/or other types of barriers placed at the limits of grading and energy dissipators located at the base of the storm drain outlets in Planning Areas 1 and 2.

d. Short-term Erosion and Sedimentation: Except for the surcharge fill in Planning Area 1, all graded and cleared areas must be revegetated immediately upon the completion of grading. Exposed cut slopes must be immediately reseeded and/or revegetated with a suitable erosion control groundcover.

e. Water Quality Degradation from Spillage of Materials: Design and implement an operational plan designed to result in immediate and correct responses to accidental spills.

f. Water Quality Degradation from Hazardous Materials: Monitor water quality of Encinitas Creek prior to any project development, then twice yearly, preferably in April and October to ensure no substantial increase in contaminants.

g. Short-term Water Quality Degradation Due to Runoff: Install the oil/sediment/water separator system and drainage retention basins as described in the Specific Plan in conjunction with the grading and wetlands mitigation planting program.

h. Long-term Water Quality Degradation Due to Runoff: Inspection and maintenance of oil/sediment/water separators and the runoff water treatment system, marsh vegetation in the detention basins and all erosion and sediment control measures and devices, including replacement of any devices that are not working adequately. Sediment traps and the oil/sediment/water separator system shall be cleaned out in October and late March of each year. Not more than 50% of the plant material shall be removed from the marshy detention basins every two years.

i. Water Quality Degradation Due to Runoff from Future Development in Planning Areas 1 and 2: Additional environmental analysis and implementation of runoff water treatments system for Planning Areas 3 and 4 will be required when they are proposed for development.

j. Erosion Control: All grading should be accomplished during the dry months unless a specific erosion control plan and program have been approved by the City Engineer and Director of Community Development and all necessary erosion control devices are in place. Grading in upland areas within Planning Areas 1, 2 and 3 should occur in later summer and early fall to minimize potential impacts to the California gnatcatcher or as directed by the U.S. Fish & Wildlife Service.

k. Degradation of Sensitive Habitats and Vegetative Communities: A detailed restoration/planting program must be completed. It should include specific plants to be used in each area, using the plant lists included in Chapter III, Section 3, Plant Lists. The program should also include planting specifications for the installation, maintenance and monitoring of the plantings.

l. Implementation of Restoration/Planting Program: Planting and maintenance of the size and type of plants described in the restoration/planting program prepared by the biological consultant, including replacement of vegetation that does not survive.

m. Degradation of Wetlands: A qualified biologist should be on site during the grading and dredging in the vicinity of wetland areas to ensure that sensitive areas are fenced and that no substantial damage occurs to existing wetlands to be preserved and that wetland restoration and enhancement is completed according to the restoration plan.

n. Degradation of Coastal Mixed Chaparral from Invasive Plants and Human Intrusion: Fencing shall be located between Fuel Management Zones 3 and 4 in Planning Area 2 (reference: Chapter III, Section C.5, Fuel Management Program).

o. Degradation of Coastal Mixed Chaparral from the Fuel Management Program: On-site monitoring during thinning for the Fuel Management Program to ensure that the recommendations described in Chapter III, Section C.5, Fuel Management Program, are implemented.

p. Potential Degradation of Wetlands from Human Intrusion and Illegal Dumping: Construction of a minimum 5-foot high fence between the Home Depot development area and the wetlands. The fence should be covered by spiny plants, either California blackberry or California rose.

q. Loss of Wetlands: Implementation of the mitigation included in the U.S. Army Corps of Engineers Section 404 permit.

r. California Gnatcatcher Habitat: Acquisition of off-site gnatcatcher habitat or preservation of onsite gnatcatcher habitat to the satisfaction of the U.S. Fish & Wildlife Service.

s. Southern Mixed Chaparral Impacts: Implementation of one of three following options:

1.) An intensive planting program to restore the Southern Mixed Chaparral, including containerized planting of pretreated plants and some seeding (not all hydroseeding);

2.) Implementation of the cribwall alternative instead of the proposed project; or

3.) The purchase and preservation, in a natural state, of good quality Southern Mixed Chaparral off-site.

t. Loss of Del Mar Manzanita and Coast White Lilac: Planting and maintenance of liner and 1-gallon sized container plants: 4 Del Mar Manzanita and 700 Coast White Lilac. The planting should be conducted during the early winter months to take advantage of high soil moisture and maximum growing season. A temporary drip irrigation system or intermittent hand watering will be necessary to carry these plants through a 6-month establishment period.

u. Coast Scrub Oak Impacts: Any one of three mitigation measures:

1.) An intensive planting program to restore the Southern Mixed Chaparral, including the planting of Coast Scrub Oaks;

2.) Adoption of the cribwall alternative; or

3.) The purchase and preservation, in a natural state, of good quality Southern Mixed Chaparral including Coast Scrub Oaks.

v. Preservation of Open Space: Placement of an open space easement for the preservation of natural resources over all areas designated as open space on the Tentative Map for Planning Areas 1 and 2.

w. Potential Liquefaction and/or Settlement of Alluvial Soils: Surcharging of the building areas in Planning Area 1 and incorporation of geologist-recommended measures into the Final Map.

x. Soil and Slope Stability: Preconstruction conference at the site with the developer, grading contractor and civil engineer to discuss special soil handling requirements and potential problems; on-site monitoring during grading to ensure conformance with the recommendations of the geotechnical report, including testing for proper compaction.

y. Traffic Noise Impacts on Proposed Planning Area 2 Residences: Construction of a solid noise barrier along the back portions of lots in Planning Area 2 which are located in areas with noise levels in excess of 60 CNEL.

z. Water Consumption: Implementation of the water conservation measures recommended in Section 3.10.3 of the certified EIR (Pages 3-195 to 3-198).

aa. Potential Impact to Subsurface Historic Resources: Monitoring by a qualified archaeologist during the grading of the southern portion of Planning Area 2.

bb. Potential Destruction of Fossils: Coordination of paleontologist with project applicant and grading contractor, preparation of a monitoring and salvage plan, field monitoring, and preparation of a conclusionary report.

cc. EMF Hazard Within SDG&E Easement: Allow no uses within the SDG&E easement that would require people to be continually exposed to EMF hazards. Parking would be an acceptable use, whereas park uses or uses requiring the daily presence of employees would not be acceptable.

dd. Solid Waste Disposal: Use trash compactors in all of the development.

ee. Internal Circulation Impacts: Limit future uses in Planning Area 3 and the southern portion of Planning Area 4 to those uses that will not generate more than 1,000 ADT or 100 peak hour trips.

ff. Cumulative Regional Traffic Impacts: Contributory funding, on a fair-share basis, toward regional traffic improvements.

gg. Cumulative Regional Traffic Impacts: Construction of, or participation in, interim improvement to the intersection of El Camino Real and Olivenhain Road to achieve a LOS C prior to occupancy of the Home Depot Center, with improvements designed and bonded prior to issuance of a building permit for the Home Depot Center.

hh. Internal Circulation/Pedestrian Safety: Provision for Bomanite pads along the main driveway in front of the Home Depot building. The same Bomanite paving should be used at the main entrance near El Camino Real.

ii. Pedestrian Safety: Stripe a minimum of three crosswalks in front of the Home Depot building along the main entry driveway on the smooth asphalt paving. The striping should be prominent and extend to the Bomanite paving areas on each side.

jj. El Camino Real Access Rights: Relinquishing by the Home Depot Corporation of access rights to El Camino Real except for the three proposed entrances.

kk. El Camino Real Circulation: Improve El Camino Real to a one-half graded ROW width of 68 feet with 58 feet of asphaltic concrete pavement over approved base with Portland cement concrete curb, gutter, bike lanes, and sidewalk, with curb at 58 feet from the centerline.

7. The Notice of Substantial Conformance Determination for this Specific Plan, dated July 8, 1994, is subject to the following conditions:

a. No parking or loading of merchandise is permitted in front of, and 5 feet on either side of, the main entrance and the two customer service exit doors on the north side of the structure. This restriction is to provide for emergency access and to allow customers to move freely from the store to the parking lot.

b. Storage of merchandise shall be in conformance with Condition 11 of this chapter.

c. The driveway area in front of the entrance and customer exit doors shall be paved with portland cement concrete. The east and west 3 feet of each paving section shall be stamped concrete to encourage users of shopping carts to stay within the confines of the cement area. The edges of the cement area may be enhanced by white or yellow paint on the stamped concrete area in order to alert motor vehicle operators of the pedestrian crossing.

d. Prior to issuance of a building permit for the Home Depot store, the applicant shall provide, subject to the satisfaction of the Director of Community Development, replacement pages and exhibits to the Specific Plan to reflect the approved changes and conditions stated in the determination. Written agreement with the changes referenced within the determination from the U.S. Fish and Wildlife Service must also be obtained and submitted to the Community Development Department. The revised Specific Plan shall also include all approvals, either within the Specific Plan document or as an attachment.