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FEB 5 1991 BOOK 8.21 P, ,�E 5 f <br />In addition to this policy requirement, Conservation Element Policy <br />5.6 also affected consideration of the subject application. Policy <br />5.6 states: <br />"Policy 5.6: Until the county develops and adopts a <br />wetland and deepwater habitat protection ordinance as <br />described in Policy 5.1 of this element, the county shall <br />continue to implement wetland protection and mitigation <br />regulations as set forth in the county Site Plan <br />Ordinance." <br />Site plan ordinance section 23.3(f)(1)(a) states that "... Wetland <br />areas shall be identified by a survey at the time of the site plan <br />review...". It is staff's position that no meaningful staff review <br />can begin without the submittal of an environmental survey. As <br />section 23.2 states, submittals must include sufficient information <br />for review. Sufficient review information for a site designated as <br />environmentally sensitive includes an environmental survey. <br />In accordance with 23.3(f)(1), the environmental survey was <br />required to determine wetland areas, using wildlife, vegetation, <br />soils, surface water and water table information. Neither the <br />September 10th submittal nor subsequent correspondence received on <br />or prior to October 10th satisfied the following basic <br />informational requirements: <br />1. Boundaries and acreages of all wetland areas. Boundaries <br />shown on a "Vegetation Survey" did not depict wetland areas, <br />nor could wetland areas be discerned from subsequent <br />correspondence received from the appellant. No acreage <br />amounts of wetlands areas was ever given. <br />2. The "Vegetation Survey" contained insufficient information <br />showing a vast portion of the site as "VACANT". "Vacant" on <br />a vegetation survey is not meaningful and does not describe <br />vegetation characteristics as required in 23.3(f)(1). <br />In staff's opinion, fundamental information required as part of the <br />environmental survey was lacking. <br />Issue #3: Applying the new LDRs. The appellant contends that the <br />new LDRs cannot now be applied to a submittal that began on <br />September 10, 1990: When new regulations are adopted, the county's <br />policy is to allow complete applications submitted prior to the <br />effective date of the ordinance to be reviewed under the old <br />regulations. In this case the new LDRs went into effect on <br />September 21, 1990; however, staff established an additional_ "grace <br />period" for submittals, giving applicants until 5:00 p.m. October <br />10, 1990 to submit complete applications for review under the old <br />LDRs. This grace period deadline was even more lenient than the <br />County's normal policy. <br />Several items should be noted regarding the October 10, 1990 <br />deadline. <br />• The deadline was almost a full month after the well-publicized <br />adoption date of the new LDRs, and went beyond the actual <br />"effective date". <br />The local professional engineers group, which- includes <br />professionals from most of the community's engineering firms, <br />was verbally informed of the deadline in September. A record <br />number of complete applications (seven) was received on <br />October 10, 1990, indicating that the deadline was well known. <br />• Staff sent letters confirming the October 10, 1990 cut-off <br />date a week before the deadline. Letters were distributed to <br />all local professional engineering and architecture firms. <br />The letters stated specifically that only complete <br />applications received prior to 5:00 p.m. on October 10, 1990 <br />is <br />M M <br />