The Home Depot Specific Plan consists of the Master Land Use Plan and this text. A description of the permitted uses, site development standards and special design criteria are provided in Chapters III and IV of the Specific Plan. The Specific Plan has been reviewed by the New Encinitas Community Advisory Board (CAB), the Planning Commission and the City Council and adopted by City Council Ordinance No. 93-17 on September 22, 1993.
INTRODUCTION
CHAPTER V establishes the development review process for the
Home Depot Specific Plan. The scope of the project includes approval
of the Specific Plan, the Home Depot Tentative Map, Home Depot Design
Review and Environmental Impact Report. Future processing will include
a boundary adjustment for Planning Areas 1, 2 and 3. Design Review
and, potentially, extended environmental review for future development
in Planning Area 4. A Major or Minor Conditional Use Permit, depending
on the proposed land use for Planning Area 4, may also be required.
A Tentative Map was submitted for approval for Planning Areas
1 and 2 concurrently with the Specific Plan. The Tentative Map was
reviewed by the New Encinitas CAB,
Planning Commission and City Council and approved by City Council
Resolution No. 93-61. In their review of any revisions to the approved
map or any future subdivision within the Specific Plan area, the CAB,
Planning Commission and City Council shall not approve the map, unless
it can be determined that the map design is in accordance with the
development standards contained in this Specific Plan. The Home Depot
Tentative Map is shown on Exhibit V-1.
The primary purpose of Design Review shall be to determine that
individual project proposals within the Specific Plan area are being
developed in a manner that conforms with the goals and standards specified
by this Specific Plan.
Design Review for the Home Depot site in Planning Area 1, submitted
concurrent with this Specific Plan. has been approved by City Council
Resolution No. 93-61. Requests for minor amendments to the approved
Home Depot Design Review may be administratively approved if deemed
appropriate by the Director. All other amendments must be reviewed
by the New Encinitas CAB and Planning Commission, and approved by
the Encinitas City Council. Exhibit V-2 illustrates the Home Depot
Site Plan.
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Prior to building permit issuance for any development in Planning Area 4 (unless otherwise stated in Chapter III, Section F, Land Use Regulations), a Design Review permit must be approved. As part of the Design Review process the applicant shall submit a site plan, a preliminary landscape and irrigation plan, elevations, floor plans, a lighting plan and a sign program as described in Chapter 23.08 of the Encinitas Municipal Code.
Any amendments to this Specific Plan shall take place in accordance
with the process described in this section. Two forms of amendment
request may be considered. Administrative amendments allow for minor
changes to the Specific Plan and may be approved by the Director.
All other proposed changes are considered formal amendments and are
required to be reviewed by the Planning Commission and approved by
the City Council. All amendments must be consistent with the Encinitas
General Plan and this Specific Plan. In addition, proposed amendments
shall address the amendment criteria described in this section.
1.
Administrative
Amendments
Upon determination by the Director, certain minor amendments
to the Specific Plan text or map may not require formal amendments
(i.e., approval through a public hearing). The Director has the authority
to approve modifications to the Specific Plan as follows:
a.
Expansions
or reductions of the geographic area covered by a given planning area.
b.
Realignment
or modifications of internal streets serving the project, lot lines,
easement locations and grading adjustments, if also approved by the
City Engineer.
c.
Minor
modifications of design features such as architectural details, paving
and entry treatments, fencing, lighting and landscaping, including
open space areas, may also be approved providing the modifications
are in keeping with the design elements described in this Specific
Plan.
d.
Minor modifications to approved Design Review plans as described in Section C of this chapter may be allowed providing such amendments shall not increase the approved density, permit a new land use not shown on the approved plans or development modifications beyond those given in Chapter III, Section F.
2.
Formal
Amendments
All Specific Plan modifications which do not meet the criteria
of an Administrative Amendment as described in this chapter shall
be deemed to require a Formal Amendment of the Specific Plan. These
amendments shall be processed pursuant to the same review process
described for zoning amendments in the City of Encinitas Zoning Ordinance,
Chapter 30.72.030 through 30.72.100. All Formal Amendments shall be
reviewed for approval by the Planning Commission and the City Council.
3.
Amendment
Criteria
Whether classified as Administrative or Formal Amendments, all
such changes to the Specific Plan shall reflect the same comprehensive
analysis which has been undertaken in the adoption of the Specific
Plan and may require additional environmental review. The amendment
applicant shall satisfy the following criteria:
a.
Demonstrate
the proposed amendment meets the goals and objectives of the Specific
Plan and General Plan.
b.
Ensure
that any impacts from the amendment are mitigated unless a statement
of overriding concerns is adopted.
c.
Update
any Specific Plan technical studies and/or provide additional environmental
studies deemed necessary by the Director or City Engineer.
d.
Provide
a revised Specific Plan text and map as necessary.
In addition to the approvals described above, development of
the Home Depot Home Improvement Center in Planning Area 1 will require
the following approvals:
1.
U.S.
Army Corps of Engineers
A U.S. Army Corps of Engineers 404 permit is required to allow
a portion of the project to encroach into the Encinitas Creek wetlands.
The Home Depot project was initially added to the Army Corps nationwide
permit on July 24, 1991 under permit no. 91-354-EW. The 404 permit
was subsequently reviewed and reissued on August 28, 1992 under permit
no. 92-459-EW. The permit was temporarily suspended during formal
consultation with the U.S. Fish & Wildlife Service and reissued
on January 25, 1994. A copy of the 404 permit is included as Appendix
A to the Specific Plan.
2.
U.S.
Fish &Wildlife Service
The Home Depot Specific Plan EIR identified one pair of California gnatcatchers as being present within the Home Depot Specific Plan area. The gnatcatcher became a federally listed threatened species under the Endangered Species Act on March 25, 1993. As a result of the federal listing it became necessary for the Home Depot project to be reviewed and approved by the U.S. Fish & Wildlife Service. A formal consultation pursuant to section 7 of the federal Endangered Species Act was requested with the Service by the U.S. Army Corps to determine the potential impacts of the project on the gnatcatchers. A Biological Opinion prepared by the Service, dated December 28, 1993, determined that the Home Depot project would not jeopardize the continued existence of the gnatcatchers. The Biological Opinion and related mitigation measures were incorporated into the U.S. Army Corps 404 permit on January 25, 1994. A copy of the U.S. Fish & Wildlife Service Biological Opinion is included as Appendix B to the Specific Plan.
3.
California
Department of Fish & Game
A Fish & Game 1603 Streambed Alteration Agreement is required
for the Encinitas wetlands enhancement program and remedial dredging
operation. The Agreement was completed by the Department of Fish &
Game and Home Depot on September 7, 1993. A copy of the 1603 Agreement
is included as Appendix C to the Specific Plan.
4.
California
Coastal Commission
The Specific Plan area lies just outside of the area of Coastal
Commission jurisdiction which is the easterly edge of the El Camino
Real right-of-way. Therefore, development within the Specific Plan
area does not require the approval of the California Coastal Commission.
A State Coastal Permit is needed for roadway and utility improvements
within the El Camino Real right-of-way. A Coastal Development Permit
for the El Camino Real improvements was approved by the California
Coastal Commission on September 16, 1994. The Coastal Commission also
approved a Coastal Zone Boundary Adjustment to include the easterly
widening of El Camino Real. A copy of the Coastal Development Permit
for El Camino Real is included as Appendix D to the Specific Plan.
5.
Boundary
Adjustment
A boundary adjustment for Planning Areas 1, 2 and 3 is required
in order to comply with the conditions of the U.S. Army Corps 404
permit for the Home Depot project. The boundary adjustment creates
the Home Depot lot (Planning Area 1), the Upland Open Space parcel
(Planning Area 2), and the Wetlands Open Space parcel (Planning Area
3). A copy of the Boundary Adjustment Plat and recorded Certificates
of Compliance which make the adjusted parcels legal lots are included
as Appendix Eta the Specific Plan.
6.
Open
Space Easements
Recordation of Open Space Easements for Upland Open Space Planning
Area 2 and Wetlands Open Space Planning Area 3 is a requirement of
this Specific Plan. The easements are also required by the U.S. Fish &
Wildlife Service, the U.S. Army Corps of Engineers and the Home Depot
Specific Plan EIR. A copy of the recorded easements is included as
Appendix G to the Specific Plan.
7.
State
Water Resources Control Board
Because project storm water will be discharged into Encinitas
Creek, the Home Depot must comply with the National Pollutant Discharge
Elimination System (NPDES) program of the Federal Clean Water Act.
The purpose of the NPDES program is to eliminate or reduce non-storm
water discharges to storm sewers, man made water courses or natural
water courses which contribute to waters of the U.S. The NPDES requires
the filing of a Notice of Intent to Comply with the Terms of the General
Permit to Discharge Storm Water Associated with Construction Activity
with the State Water Resources Control Board and the preparation of
a Storm Water Pollution Prevention Plan (SWPPP) which defines both
the sources of potential pollutants from a construction site and the
methods to control or treat storm water before it leaves the site.