HomeMy WebLinkAboutSDP 03-01; KELLY / JRM OFFICE BUILDING; SUPPLEMENT LETTER TO PRELIMINARY VEGETATION ASSESSMENT; 2004-08-27Anne Hysong
Merkel & Associat , Inc.
5434 Ruffin Road, San Diego,CA 92123
Tel: 858/560-5465 • Fax: 858/560-7779
e-mail: associates@merkelinc.com
August 27, 2004
fl1¢,tJ OJ-(o7-0 I
City of Carlsbad Planning Department
1635 Faraday Ave.
Carlsbad, CA 92008
Re: SDP 03-01 / CDP 03-03 / PIP 03-01
Dear Anne:
This letter is to serve as a supplement and clarification to the Preliminary Vegetation
Assessment prepared on January 7, 2003 by Planning Systems ("Assessment"). This
Assessment referenced a report prepared on March 13, 2Q01 by Helix Environmental
Planning,. Inc (Helix Rep01t). At the time of the Assessment, Planning Systems was unaware
that the. Helix Report ·had shown a 50' buffer that was inconsistent with the existing
restrictions on the subject site.
The Helix Report was prepared solely for Pacifica Enterprises and was completed under the
assumption that. no existing buffer had been identified on the property. The riparian buffer
that should have been referenced in the Assessment is an existing deed restriction that has
encumbered the subject property since July 1989 ("Deed Restriction"). This deed restriction
was recorded against the subject prope1ty as a condition to the Coastal Development Permit
(6-89-127) issued by the California Coastal Commission in conjunction with the City of
C~·lsbad widening of Palomar Airport Road and the use of the site as a receiver area for
stockpiling of excess soils. The deed restriction is described as "the existing riparian corridor
and a fifty-foot buffer along the northern side of same" (see attached Deed Restriction for
reference). • •
The findings of the Commission :Staff 1;eport for the Palomar Airport Road widening indicated
that "Special Condition #2 ivill establish cuz open space area within the property boundaries,
to be recognized in any future pennit applications for ultimate development of the site under
its Plm7ned Industrial Zone designation.'' The findings go on to indicate that "based on
consultation with the California Department of Fish and Carne, it is likely that staff would
recomme17d an additional _fifty-foot setback froni the lnfffer area Jar actual building
construction. • Landscaping, picnic areas, and unpaved walkways i,vmtld be appropriate within
that fifty-foot setback."
For the Pacifica Carlsbad project, a June 8, 2001 joint letter issued by the CDFG and USFWS
to the City of Carlsbad provided a letter addressing the conditions under which a public trail
and filtration/desiltation • swale could be sited within the 50-foot buffer to the creek. This
letter did not require additional buffer distance from the creek but rather constrained the
configuration of the trail and swale within the existing 50-foot buffer and incorporated some
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Page2 August 27, 2004
additional revegetation obligations if the facilities are sited within the buffer. Specifically the
same question regarding buffer use was addressed in the comment letter as follows (see
attached):
The Wildlife Agencies have reviewed the placenient of these structures in the
wetland biif.fer • and agree that they are acceptable with the following
conditions: ( 1) all sediment renwval/swale maintenance will be accomplished
manually, not using motorized equipment that requires placement in the buffer
or wetlands; (2) the public trail will be placed between the building and the
basins; (3) the public trail will not be paved, and will have a permeable
swface; and (4) the filtrationldesiltation swale will be planted with native
vegetation.
On September 18, 2003, I reviewed the wetland conditions on the site. While, the boundary of
wetlands as mapped in the previously submitted delineation packages appears to have been
drawn using full canopy boundaries and exceeds federal wetland jurisdiction limits, it is not an
erroneous mapping of wetlands defined under the Coastal Act. For this reason, I do not
believe there is. a need to revisit the mapping of wetlands applied in the 2003 Planning
Systems Assessment. The boundary is a rough approximation of the wetland boundary as
used to establish the 1989 D~ed Resti-iction and buffer boundary. There are minor deviations
in the c~opy froll1: the 1989 boundary. In one instance, a willow branch has fallen to the
ground and extends the canopy approximately 10 feet past thel989 boundary. In other
instances, ice plant occupies a slope extending all the way to the creek in an area that may
have historically been included in the riparian maps. This area pushes the boundary back
away from the 1989 line by about 15 feet. These conditions reflect the maximum degree of
variance. from the prior riparian boundary used to establish the 50-foot buffer easement.
Further, on average, there appears to be no directional shift from the 1989 wetland baseline.
By this, I mean that the average wetland boundary is neither contracted nor expanded from the
location of the prior buffer easement offset.
Given the specific language and findings supporting intent of the Coastal Commission
required buffer, and the fact that the wetland boundary remains substantively unchanged, I
believe the appli~ation of the buffer as required, remains appropriate to the development of the
site. An alternative buffer would not be expected to provide any substantively different
bioJogical· values, nor would it' be in keeping with the specific legal obligations of the prior
Commission permit requirements.
In addition to addressing_ the suitability of the buffer, you had requested that we review the
conditions of the proposed public trail within the 50-foot buffer. As indicated in the prior
Wildlife Agency letter, such a feature is not incompatible with the intent of the buffer,
provided reasonable design conditions are incorporated. Those conditions outlined in the June
2001 letter would be appropriate for application to the proposed project as well as the Pacjfica
Carlsbad Project and it is reasonable to include such conditions in the environmental review
document for the project. However, as the project applicant must, by requirement of the
existing conservation easement, obtain written permission from the Coastal Commission to
alter landforms, i"emove vegetation, or erect any structures, it is anticipated that this
requirement must be fulfilled as a conclitiori of project approval.
I, t', '',
Page3 August 27, 2004
Please review the information provided. If you have any questions or want' to fmther discuss
the materials, feel free to call me.
Keith Merkel
Principal Consultant
Attachments:
1989 Deed Restriction
Coastal Commission Staff Report #6-89-127
Joint USFWS/CDFG Letter on Pacifica Carlsbad Project 50-foot buffer
1.
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1574
1 1R!:CORDING Rl!:QU!ST!O BY AND Rl!:TURN TO: STAT! or CALl~ORNIA
)N . "'RJCH t::ct.r.y_
,:° ~5" ),/)JU& /11"'5 fo>,.D !5
1,! .Irl:;ll.'l!YUoK, cw, ~y ~
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2· ~ ;; I v::1 ·.: .. UL~_ I
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11 D!!ED RESTRICTION ~a·.-.: (; .~: ;.:Jf:!_J
, 1 I, WH?ll?AS, 77-a;, /(&L Ljl 7/2 //-5 T 1?,1 u£P
o II/rt.if?£ WW RMtu7 ,f,q)<g,"{ # l2ft•/1All> C, X,f/,ff; ?h::IZZZ:,
a hereinafter referred to•• owner{a), i• the r ■cord ower ot tht
7j!0llowinq rell property:
a 1 ;pl!.jCRJ:¥2 /.r.J Q:ffz'::vr 'A 1 / A Z7?2*P #«,r.O
i l-------------------------------
10 ------------------------------ll hereiufter rer1rred to•• th• ■ubject p~operty: and
l.2 II. lra!:bs, tl:I.• C.alifornia Coa.•t• l Co1UliUion 1,
13 acting on behalf oJ th• P•oPl• of the Stat• ot California: ~nd
14 III, li&lini, the aubjeet property i1 locate4 vithiA the
15 aoa■til :one aa defined in Section 30103 ot th■ C~litornia Public
ia ~••ouree1 Cod• Ch•r•ina!t•r r•t•rr•d to aa th• Calitornia Coastal
l7 ActJ: •nd
18
isll976, th~ ovn~r aoplied to ~he Cali!orni3 Co3~tal co~i::ioa tor 4
20ijeo•1tal d•Vtlopm•nt permit tor th• d•v•lopu~n-c on the aubjeet
2lj~rop•rty deseribod above: and
22:. V, WH!R!AS. eo••t~l devtlopiun1: perd-c No, w--ff·IJ2
23 vu1 qunted on ---"''-~b ... l""'t~~ ... N...._ _____ _ ' ;
2-4,'coa1tal Couitaion in accordanc• vith th• provision ot th• statf
2t5 RecoJGendation ind Pindinq■, a~tachad herw-co as !xhibit •A• and
2e1n•r•in incorpor1t1d by r,t ■renc•: and
27 ! I
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1575
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,,
l VI. WHEREAS, co.1 ■t.1l davalopll\en't "e.rmit No, ~-8"?-1,22
2 ;wu aubjtct to tilt ur1u .and conditions including but not liliited
:sjto th$ tollowing i:onditions: Prior to the issuance of the coastal develcp-
4 ment peznut, the 4PPlicant shall record a restricticn agaiMt the subject prcpert
e free of all prior Hens and encuibrances, except for tax liens, and bi~ en
6 permittee's succ:esl50rain·interest and any subsequent p.u-chasera of any port1cn of
7 the real prq)erty. 'nle restricticn shall prcnibit any alter.atic:n of lan::ifo~,
rem:,val of vegetatiai or the erection of structures of any type 1n the area a shown c:n the attached Exhibit B, and generally described as the existing
riparian rorridor a.rd a fifty foot bu:ffer alcng the northern side of ~,
9 without the w.r:itten approval of the California Cbastal O:::mnissia1 or successor
in interest. 'l'1e recording docunent shall include legal desc:ripticos of l:oth
l.O the applicant's ent.J.re parcel(s) and the restricted area, and shall be 1n a
fonn and ccatent acQlptable to the E)C.ecuti ve Director. E\lidence of recordaticn
ll of such restrictic:n shall be subject to the review and \a"itten approval of the
D<ecutive Director.
l.2
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l. 71
l.8 VII. WHUJtAS, tb• Conait1ion found that hut for th•
l9' ilapoai tion of the 1bove condi 'tions the propaud dav1lo-pment c:ould
2o~not be found con1i1tent with tb• provitions at the Calitornia
21,Coastal Act ot 1976 and th.at .a perait could th~ra!ore ::iot !lave
:a:z ~ bHn granud: and
VIII. wm!ll!AS, it. ia int.ended th.at thi ■ D■-d R.utriction
24 i i1 irr1vocabl• .ind thall con■ ti 1:uta •aforc•abl• i:a■triction•; and
2t5 . IX. XH!RUS, owner b.,u alee tad to coaply with tll•
2el condition■ iapoud by hr•i t No. r1-?t-/./? •o u to ,oable
21 Olmer to u11deruk1 the deV4lop••nt authori:ud by th• permit.
f ~~::::... I Sl'II Jta•,... t-•11• J
1576
-3-
1 NOW, TH!.:R~FOR~. in considar&tion ot th• granting of Pe.r:ait
2 No. Gz-rf-MZ to tlu, OWner by th• C~li!ornh Coa•tal Coaaiuion,
3 th• o,,m•r hereby irreyoc~bly cov•~n~• with th■ Calitornia Co•atal
" co-iasion that th•r• b• &nd h■.r ■by i• crut ■d th• !allowing
0 .r••tric:tionc on th• use and ■njoyaent o! a.aid •ubjec:t property. to
be &ttach♦d to •nd b•co•• • pare o-r: th• d,.d co th• propia.rty. Th• 13
7 und■.rligned ownu, toe hiuelt/herself and tor hi•lhttr h■i.rs.
8 aaaiqna, and auc:c■aaor• in intere ■t. coveiunta •nd .agr••a that:
9
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ll
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'lhe owner agrees that he shall not alter any landforms, remove any vegetaticn
or erect any st=ctures of any type 1n the area shor,.n on the attached
Exhibit B, mi generally described as the existing riparian corridor~
and a fifty foot ooffer along the northern sico of saire, without the written
l:5 approval of the california Coastal Ccmnissicn or successor in interest.
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or tor anr reason b■coa■• un■n!orc•able, no other provision •hall
b• th•r■by a!t■c:t■d or i■pair■d.
II
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1577
s~id dead restriction sh.all reiuin in tull tore• and ♦ff1ct
l
2
during th• pe.ciod that a.aid pe:c■it. or .1.ny aoditic.1.tion or
•••nd••nt theraot, r•uin• ettectiva, and during the period th.1.t
3
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th• d•v•lo-paent .1.utllOci:ud by said p•r■it or any modification of
15
a.aid ~•velop••nt:, reuins in existence in or upon any part of, and
6
thereby con!a.u b111efit upoll, th• subject: prop•ctY ducribed
7
herein, ,1.nd to t!Ut •xtent, a.aid da•d restz:ict:ion is hereby dee11.1d
8 and ,1.g.r1ed by own•r 1:0 be .. COVl.ll&llt running with tht l.and. ,1.nd
9
shall bind ovner and 411 his/her assign• or successors in interest
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soon at possible .1.tt1r tn• d&te o! •xacution.
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jlCHM.D c, Kf:rt<f., ::mv::sz«
PRilfT oa TTI'I!: NAM! Ol" }.BO\'%
PRiiT OR TYP~ NA.Jom 0~ ABO\'%
(NOTAR'! AC!nlOWL!~ ON Np;XT ?.AGP!)
t II
COAIPOAtTa ACKN0WLl!.DOMl!.Ni 15'78
S111e of
•aAl"91'tNPI!. ACKNOWLl!DOMENT HO :,o,t
@Ir i -illii ii U'5ill~B .. """-rill'•i9 i OO!ii i :;: i;; 3-~ ... : .. ,ma~we:R:•:r~Jibl; 3'.!!i3 :IJWS ,c-,
~-Sll1leol Cc.E:\orv1,_Ci,...,, -}ss. Onl'11slhe~dayot ~ ... \"'le _____ 19_r:f.b11foreme. ~
t Coun1yof -~-:Che.~. -~ LLh bbe L--=-~
lh6 undns1gn~d Notary Public. personally app111a•ed i
__,,C, _____ ~ l~---·-·-. >" personally known to me
-· Q; c.ba.r&
pro•ed ro me on !he baet~ ol s1l1$f.ctory ev•den,;e
l<t Ile the person~who executed 1ne w11n1n instn,me:':;f u. ~ _.±tu1Slce ,._onoenalloftno -,Jle•the•s,n
named, and acknowledged 10 me inat the ao, pa.au,,., executed II.
, WITNESSmyhandandofllct•l~al -"t"i"\,1,-,"t' ~
f / !
• ~ Not ··s Slgnuure ----~
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1579
i}fQU IQ NOTARY Pl[Bt.IC: I! you art notari:in~ th• 1ignatur•• of
2 ·p•r■oa• liqning on bthal! of • corpor•tion, p.a.rtll•r•hip, t.ru,t.
r 3~•tc., pl•••• u•• th• correct notary jur•t (&cknowledg•entJ as
p
:[xpl.ain•d _in your Noary Public L•v Book.
8 tat• of California, County ot _______________ , aa
8
9
this _____ _ day ot -------------• in the
betore .. ------------------• a
Public •. per ■onally app••.r•d _______________ _
10 personally ltnown to •• (or proved to •• on th• bu is ot
ll a.atistactory evid•nce) to b• the person vno•• na•• ia 1ub1cribed
l2 to this in■t.ruaant. •~d •ckn0vl1dged that h•l•h• execut•d it.
1e1
to! .
111
HOT.ARY PU'BLIC Ilf AHD 10!1 SAID
COUNTY A.ND STA'1'?:
1e~1t.ate ot California. Co'tlnty ot _______________ . 01
1s1oa Uii• ______ d.ay o! _____________ , in th•
20~Y••.r · • , be!or• •• __________________ , &
21jHotary ~ublie, peraoaally appearmd , I
CDU111'"Al'la
22jp•r1onally known to•~ (or proved to me on th• b.aaia ot
33,satiafactory •videnc,J to be th• person who•• n~•• i• 1ubacrib•d I .
24~to this in•t.ru~•nt, and ac~ncwledged th~t h•l•h• executed it.
2~j
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?fOTAll'! PUBLIC IN AND !'OR SAID
COUNTY AND STAT!!
··"-........... . .,.. JI.J ....... ,., •
1 I
1580
l This i• to c•rtity th.at th• d••d rtstriction set forth 1bov•
2 _ii hereby .ac:ltnowltdg•d bY the undeuiqn•d o!!ict.r on b•hal! of the
~ ·.cdi!orni.a coasul commission puuu.ant to .authority con!erred by
'
4 ·;th• C.alUoi:ni.a Co.a ■t•l Co1Distioc w.11e11 it gr.anted Coa1-ca1
c \IDevelopaent P•r•it No. b-t(-t;)..1 011 ~l,+/...;...1.....,6~/o? ______ _ I I I
6 J.and th• C.alito.rni.a Co.ast.al Co•~i,aion co111ent1 to rccord.ation
7:thereor by it• dh authori%ed o!fic•r.
ajD.attd: ¥~ ~
9
10
11.
12 STAT~ C1
le1P•r ■on.ally known to•• to be cor proved to•• on th• ba ■i• ot
11l••ti•<•etocy •vid•n••> toy,:;• •::r~ wbo ,x,cut,d thi• 1a~ic.stru■•11t u the ~-1,;{~//&uG .and zuthorh&d
1s/r•Pr•••11tativ1 ot the C1li!ozui1 Coastal Couission ~nd I
20·/ acltuowlltdged to lit t?lat tile C.sli!orni.1 Coutal Commi1111ion exec1Jted I
2ljit. I
22; I ., ----_......,,.._,__ I 231 l ~~ -;:-(;",,;;j" -sr "-' •
l 11.:)':-~.-· '·\)\ V•u' 11,> 'W,HA>A ,-·A~ 2-4 • J ,1-•. • \:\ ll "' • ,· • • • ._, ,,r.,r, . ! .·"6. • .,_,, •• :,~-"·'·••· I D ?'OR •
2!5 ! t~~ • • l'l, ,r., 1 •<> ~. 1 • ,.~,, SAID ST}IT1; ANO COUNTY I
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COU,,'FP'Afl'CN ................. .,.. ··~ ....... ., ..
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JUCUAJU,1 I. TO.-.L. ICE 1410ft
JIAYllOIIP JI. TOAi.. RC!: U&IO
QLAV a. 11111:UM L.L i,0,34
15.81
TOAL. ENOINEE:lllNO
c1v11. J:NOIMZ.ZU. LA.ND PL..A.XNEU AHO LAND SUllVEY0R.:!
tS'I AVEHIOA NAVAJU~O
IAH CLEMZ.HTC. CALJPOJlNIA 1HU
,-HON'& 17141 481 ... M&
Po. ao., Jna
"IAILlNC ADDRl!.5 ,o &OX 3818
SAi< nf\ClNTE.<"Al t• ORNI" 9?612
ln the City of Carlsbad, County of San Diego, State of
California, being Parcel "D" of Pacel Kap No. 2993, filed in the
office of the County Recorder of said San Diego county.
Olav s. MeUlll L.S. 4::384
fx1-ue,rr A
IUCUAIID J. TOAL. RCE U,60)
JIATIION0 I\,. TO.Al-HCl! Je&I•
Ot.A Y s. 1ilEUW L .. s. 4 :3&4
1582
TOAL ENOINEERINO
CIVIL El<Oll<J:J:JU. L.UOD PLAl<llJ:lU Al<O LAND SUIIY:CYOllS
tae AVBl'IIOA NAVAJtKO
SAi< CLS:111:lf'U:. CALU'OIINIA IUH
PHON'I t7H• -41t ... a.a,
I' 0 IOX ll11
Qlll:! m EMEMEfil
tNGINEER'S DESCB!PTION
MAILIHC, AOURl~S
fO ,OX J&'P
~""<"LI \lll\TI .l"ALII OltNIA 9lo1l
In the City of carlsbad, County of San Diego, State of
California, being that portion ot Parcel 110 11 of Parcel Map No.
299J, filed in the Office of th~ County Recorder of said San Diego
County, more particularly described as follows:
Beginning at a point in the Easterly line of said Parcel 110",
distant thereon North 1J•36'43" East, 75.13 feet from the
southeast corner of said Parcel "Od; thence along said Easterly line
soutll lJ"36'43" West, 75.13 feet; thence North 7:1'05'00 11 West, 264,37
feet to the southwest corner of said Parcel 110 11 ; thence along the
South~esterly line thereof North 2s•~5•39x West, 107.66 feet:
thence liaaving said southwesterly line South 73 "05'00" East,
337.28 feet tc the POINT Of BEGINNING.
Olav s. Meum L.S. 4:381
EXH 11:JIT
I I
TOAL ENGINEERING 139 Avenlda Navarro
SAN CL£MENT£. ~LIFORNIA 92672
(714) 49%-8~
•
1583 '°" l!ic.'1 .K~I')"
-ITMO. _I -
C.ALCUL.AJIO ty t,,_ ,4,,J .
CHfCX(Q IY.
&CAU. /::_(90' ..
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I
CALIFORNIA COASTAL COMMISSION
$AH OotOO C0,.$1 01\llrCl
IJll C.UU000 Cit 1,0 $CUI><. WIil t2S
$AH DICGO, C.-nttal$20
,.1., 797-47..0
158.C·
Filed:
"9th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
Hay 1, 1989 June 19, 1989
October 2B, 1989
EL-SD
May 30, 19B9
June· lJ-1&, 1989
REGULAR CAL(HDAR
STAFF REPORT ANO PRELJ")MARY RECOHHEHDATJOH
Application Ho.: 6-89-127
Applicant: J;elly Trust Agent: R1 c:h J:e 1 Jy
Description: l~portation and stockpiling of a 11axi~um of 1&2,000 c:u.yds. of
dirt; the earth will be spread between five and ten feet deep
over the majority of a twenty-acre site.
Site·: South side of Paloniar Airport Read, near the intersection with
College Boulevard, Carlsbad, San Dieg~ County.
APHs· 212-040-35, 37, 38
Substantive File Documents: Certified Carlsbad LC? (Hello II Segment)
Conditional Hegutive Declaration Ho. £IA 88-3
Driinage Study Report, dated 12/28/88
Eeotechnical Feasibility Study, dated &/J0/88
STAFF HOT ES:
Sutm:ary of S1aff's Prelim1nary RecOlll'Mndation:
Staff r~c:orm:ends approval of the deve1opment, with speci31 conditions
prohib1t1ng f111 within identified floodplain areas, establishing a bufrer and
open space irta protectinQ the riparian corridor on the site, identifying any
a1ternatfve borrow sites, and applying the stanc,n1 erosion control and
grading restrictions fer !llajor ~rading operations.
PRELl~tNAR~ STAFF RECDHMEHDATtOH;
The staff rec:ollfflends .the Conrniuion adopt the following resolution:
t. Approval ~1th Conditions.
lhe Co1110ission hereby grants a permit :or the proposed development, subject to
the conditions below, on the grounds that the develcoment, as conditioned,
w111 be 1n conformity with the adopted Local Coast"l Program, and will not
have any s1qnl11cant advers~ impacts on the environment within the ineanin9 of
the Cal1forn1a Environmental Quality Act. •
•
11. Standard conditions.
s~e attache~ pag•.
lII. Sp1ci41 Condit1on~.
The p•l'llllt Is subject to the following conditions:.
1. Revised Plans. Prier to the 1ssuance of the coastal d1velopraent
pe1"1111t, the applicant shall submit to the Execut1ve Director for revliN and
written approval, revlstd pl•n$ documenting that no fill shall be deposited
within the 100-year floodplain of Encinas Creek. The plans shall 1nclude a
new hydrology/dra1nagt NP, clearly dellnrating the 100-yHr floodplain
boundary for the full 1xt1nt of the property, plus a nir,,, grad1nq plan
do:UNntlng that the ~toc~p11e has been relotattd C0111Pletely cut of the
floodplain area.
2. Qpen Spacf Dctd !e1tr1ctjon. Prior to the issuance of the coastal developnient penw1t, the 1pplic1nt shill record a restrict~on agilnst the subject property, free of all prior 11,ns and enculllbrances, except for tax
liens, and binding on tht ptnoltttt's successors in interest and any subsequent purch1sers of •ny portion of the real property. The restriction
shall prohibit 1ny alt1r1t1on of landfoms, r1110val or v1g1tat1on or the
eractlon of structur,s of any typt In the area sh~ on th• att,ched Exhibit
13, and generally dtscribtd 1s tht existing riparian corridor and a fifty foot
buffer ~lor-g both sldts of s111t, without the written approval of th,
ta11forn1a Coistal C04Wlission or successor in interest. Th• recording
docU111ent sliall include lcg1l descriptions of both the applicant's entire
parcei{s) and th• r1str1cted arra, .ind shall be in a fon11 4nd content
acceptllble to the Execut iva Di rector. Evld.enct of r1cord1t l on of such
r,strlctlon shall be subject to the review and written approval of th~
Executive Director.
3. Fytyrt oevrlomnt Oeed Restriction. Prior to the issuance of the
coastal d&vel~pni:nt penait, the applicant shall record a r1strlction against
tht iubjact property, frn of il1 prior 11ens ai,d ~ncu,-brancas, except for tu:
11ens, and binding on the penaittae's successors 1" 1ntertst and any subsequent purchastrs of 1ny portion of the rtl\1 proparty. Tl'I• restriction shall acknowledge eonstrilnts on future develol)INnt of th• floodplain partio~
or the parcels, as delineated in the new hydrology map required in Special
Cond1tiori 11. HO new o.-expanded pemanent structuru or fill shall be
per-.itte~. Only uses COlll!lltible with periodic flooding shall b1 allowed. The
recording document shall include legal descr1pt1ons of both the applicant's
entire parcel! and the restricted area, and shall be in a farm ind content
acceptable to the Executive D1rettor. Evidence of recor4atlon of such
restrictlun shall be subject to tho rtv1ew and written approval of the
Executive Director.
4. trnoort S1te-.. Prior to th• d11position of fl11 fr0n1 any location other
than Pillomar Airport Road, the ippl\cant ~hall submit docunientatlon identifying the borr°" site for the impnriatlon of graded spoils. If the sit~
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is located witn1n the coastal zone, a separate coastal development permit or
permit •mendment shall f1rst be obtained from the C.a11forn1a Coastal
conrnission or Its successors in interest. hidenc:e of said coastal permit,
and ev1dence of all required loc:~l approvals (for sites both inside and
outside the coastal zone) shall be submitted to the Executive Director for
review and written approval.
•
5. Grading and Erosion Control. Prior to the 1ssuance of the coastal
development permit, tne applicant shall submit final grading and drainage
plans approved by the City of Carlsbad and in substantial confor111ance with the
pr.:liminary plans herein approved, which shall incorporate the following:
A. All grading activities shall be prohibited within the period fr0111
October 1st to March 31st of each year. Prior to coianencement of any grading
activity, the penaittee shall $ubmit a grading schedule which indicaus that
9rading w111 be cQfflllleted within the ponaitted t1rN frarr.e de!;ignaud 1n this
condition and that any variation frora the schedule sha11 be proniptly reported
to the Executive Director.
8. All penllilnent runoff and erosion control devices shall be
deYeloped and insta11ed prior to or concurrent with any on-site grading
c1ctiv1t1es.
c. All areas disturbed, but not c011111l~~ed, during the construct1on
~eason, 1nclud1ng graded pads, shall be stabilized 1n advance of the rainy
season. The use of te!1190rary erosion contro·1 measures, such as bems,
interceptor ditches, sandbagging, filtered inlets, debris basins, and silt
traps shall be utilized in conjunction with plantings to minimize so11 loss
fri:1111 the construction sih.
All areas dist~rbed by grading, shall be planted prior to October 1 vith
tempor~rJ or penMnent (in the case of finished slopes) erosion control
methods. Said planting $ha11 be acc0111Pllshed under the supervision of a
licensed landsc~pe architect and shall consist of seeding, 111Ulching,
fert111ntion and irrigation adequate-to providt 90,: coverage within 90 days.
Planting sh,111 be repeated, if the rt-Quired le,•el of coverage is not
est,1blished. This requirenie11t shall apply to a11 disturbed soils including
stockpiles.
IV. flndjngs and DtC);)ratfons.
The C011Rissi<i11 finds and declares o1s follows:
1. Detailed Project Description. The applicant propose-; to import
approximately 1~0,000 -1&2,D00 cu.yc1s. of fill materi•l and distribute it
over a largr portion of the subject twenty-acre site at depths ranging frOIII
five to ten feet. Tht Conditional Megat1ve Declaration requires that the
stockpiles be contoured ta present a mare natural appearance and hydroseeded
for erosion control and visual purposes. A rip•rian corridol" runs along the
~outhern portion of tne site, and the proposed developnient ..,ill maintain a
fifty-foot buffer frOftl all riparian vegetation.
158,
6-89-1.?7
Page 4
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1he material is being gener1t:d by the adjacent 11Unic1pa1 road""w1den1ng
project occurring on PalOtMr Airport Raad; the City of Carlsbad .spproval lists
the road dnelop~nt as the only approved i11Dort location at this time. Use
of f111 fro111 any othtr source w111 require further approval from both tht: City
of Carlsbad and the Coastal C0111111~s1on. Special Cond~tion l4 provides that
the applicant may satisfy this require111ent with the Coastal Coooiission by
identifying and subfflitting proof of valid pen1lts (bo'th local and Coastal,
where 1pplic1ble} for 111 alternative borrow sites. i-t is ant1c1p&ted that
such an aniendment wi 11 be forthc0111 ng 1n the future, s1nce tile Palomar Afrport
Road project will, at best, only produce acout half the fill herein permitted.
2. Environmentally Sen1it1ve Habitats. Section 30240 ;,f the coastal Ai:t
address~s sensit1~e habitat lft!S, and states:
(a) Env1ronmentally sens1t1ve habitat areas shal1 be 1>rot1cted
ag11nst any sign1f1cant disruption of habitat values, and only uses
dependent on such resources shall bt allowed within-such areas.
(b) 0ev1lopnient in areas adjai:ent to environmentally sensitive
h1b1tat areas and par~s and recreation areas shall be sited and des1gned
to prevent impact, which would s1gnif1cant1y degrade such areas, and sha11
be conipatible with th1 c:ontlnu1nct of such habitat areas.
Tht subject property 1s roughly rtct1ngu1.ar in shape &nd approximately twenty
acres in sizt. It nms along the southern bordtr of ?alOlllar .\irport Road from
1pproxirNt1ly Cal,1v1n Road on tht w.st to L&urel Tree Road on the east. Tile
parcel 1s bu1cally level, s1op1ng very gently to the west, and 1s part of a
'Jid• valley bottoni between tw series of hills on the north and south.
Encinu Crttlt runs along the soi.:thqrn portion of the-propert::t", and has been
channelh•d in this location and in s0111e areas f11rther to tha east. west of
the ~,lly proptrtY, th1r1 is no distinct c111nnel, and the waters dispers~
freely over the d0',lllstre111 properties, rzsultfog in marsn vegetation s0111ewhat
sparse at the ustern end ne.irest the subject site but becoming more dense
further west u th• elev1tiors continue to drop.
Th• channel on the i;i,lly proptrti, was constructed 1n 1974, and over the years.
a hHlthy riparian c:orr1dor has d1veol0p11d within the chc1nnel bottom and along
its banks. The subllttted vegetitlon 111aps show s111all patches of fre-.h-water
i11arsh, but the 111,1jor1ty of the vegetation is riparian 1n nature. The channel
bottOII 1s several f19t below the adjacent vacant fi1lds, which have b~en
cultivated In the past. The dra~nage study and hydrology calculations
subr.itted with tne -application doc.ir.111nt that the boundary of tht 100-year
floodplain is -.qual to the top of the bant', 1n •11 but a couple locations,
when 1t would extend to tht: north slightly beyond the base of the proposed
fill slopes (stockpile). R1prap slope protection along the bAse oi the fill
slopes is proposed for tt,ose areas where the floodplain boJJndary would
naturally extend beyond the stockpile or be in close proximity to the soutt,ern
extent of tht: stockpile.
Spedal Condition 11 will rrquire a 11dnor ,redesign of 'the project, !.UCh that
all prop0sed encroachment~ within the floodplain .ill be remo~ed. A new
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hydrolog::,, rn.111 showing the full extent of the 100-year floodplain boundary. (all
the way to. and including, the "levee• at the western property line) is required, along with a reviHd grading plan observing the floodplain limits.
Du• to the comparatively 1,1rge expanse of non-floodplain land ava11able. and
the variable depths of fill proposed herein, it would appear compliance with
this condition c:an easily be achieved.
Special Condition #2 will establish an open space area within the property
boundaries, to be r1cognized in any future penait applications for ultimate
d11vi:lop111ent of the stte under 1ts Planned Industrial Zone designation. Based
on consultation with the California Departiwnt of Fish and came, 1t 1s 111:ely
that staff would reconnend an additional fifty-foot s.atback from the buffer
area for actual building construct ton. Landscaping, picnic areas and unpaved
walkways would be appropriate within that f1ft1-foot setback.
The open space area will include both the r1p,1rian corridor itself and a
fifty-foot bufhr frOIII the e<l~e of th• identified r1parian vegetation, on both
the northern and southern sides of tht ch1nne1. In areas a 1 ong t:ie southern
side where ther1 is less thu fifty fut between the vegetation and the
proptrtY boundary, tht open spae1 aru ends It the property 11ne itself.
There are existing structures on the southern side of tr,e channel, which are
not 1nvo1ved in the subject development propos11L but which 113y be within the
b.uffer zone. Future improvements to ,1ny port1ons of those structures within
the buffer topen space) aru would require review and approval fro11 tile
Coastal C011111ission.
Coastal Aci Sections 30231 and 302Sl address floodplain issues and set
devel0p111tnt pararaeurs. FurtherMOre, the C1ty of Carlsbad• s certified LCP
st.ttas "Within til~ coastal zone, in the 100-year floodplain, no new or
expanded pennanent structures or fill shall be pel"!ll1tted. Only uses
c~at1b1e w1th p~riod1e flooding sha11 be .allowed." Therefore, Special
Ccnd1tion 13 requir-es a deed restrictfon over i111 ffoodpla1n portions of the
•llP11,ant's property. The restriction 1dtntlf1es the types of uses pel"lllftted
w1th1n the floodplain. cqnsistent with the cited Coastal Act a~d City polities. The ri?striction would allow develol)lltnt ,to be proposed on tha site in the futur'!, subject to the constraints preient, 4nd ·,:cttld provide nntice to
the applicant and future owntrs of the developnient constraints present on the
site.
The City approved a Conditional Negative Declaration (EIA 88-3) for ~
stockpile en the site, which would allow up to 300,000 cu.yes. of 1r,iport, with
resulting elevational increases of up to twenty feet. The app11cant llowner,
1s only proposin<:1 anproximatel:; half that amount of fill, and has an 1mned1ate
sourer (ralomar Airport Road widening project) for only about 70,000 cu.yds.
1he condit'\.ons contai11td 1n the approved ~nv1ronrnental document will apply to
the proposed dtYl!'lopment, even H the scope 1s less than 'the maxi:aum
considered in that doc11111ent. The con'11t1ons addrns both local planning ~t!.ers and proper grading and erosion controls; the· latter an addressed 1n
this appro11.1l through the i,nposition of Special Condition 15.
In sunmary, the evidence 1ndlcat~s 1110st cir th4t portion of the stte proposed
j
1589 6-89-12,
Plge o
for filling is not within the des1gnated floodplain, not because of its natural ♦levat1ons, but due to the previous channelization of the cr,ek. Special conditions a~, 1nclud~d to prohibit fill within the floodplain, and to
penaanently protect Encinas Creek and its riparian vegetation, along with an
appropriate buffer for the existing riparian corridor. A condition is attached to alert the applicant and future property owners of the development
constraints posed by the floodplain portions of the site. s,usonal grading
restrictions, provision of erosion control devices and hydroseedlng of new f111 slopes are addressed through a special condition. Therefore, the COlfflliSslon finds the proposal, as conditioned, consistent with Sections 30231,
30240 and 302S3 of the Coastal Act.
3. V1sual lmpacts. Section 30251 of the Coastal Act addresses the visual
111111cts of coastal devclopnient, and states in part:
The scenic and visual qualities of coastal areas snall be considered and protected as a resourte of public importance. Permlttrd development shall ~e sited and designed ta protect views to and along the ocean and scenic coastal 1reas, to minimize the alteration of natural land forns, to
be visually c~atlble with the character of surrounding 1reas, and, where faas1b1e, to restore and er.hanct visual quality 1n v1sua11~ dtqraded areas.
PalO!llr Airport Ro,d serves as I raajor east-Jest coastal access route,
,although the subject site itself 1s well removed fr011 the coastline and 1s too
far 11st of I-5 to be seen frcnt the fre~y. However, tht City of Carlsbad
his put cond1tions on the project addressing the visu~l iJll)acts of the
stockp11«. ariefly, th• conditions re~utrt that the s1opes on the eastern. northern and west~rn sides of the stockpile (those vis1b1e fr0111 Palomar
Airport Road) be contoured to present a 1110re n~tural appear~r.ce. In addition,
the condition~ require that the slopes be hydroseeded: whi1e th1s measure 1s
pr1Jllrily a 11eans to preYent site runoff, it is ,15., a iwans of Improving the
usthtties of the deve1op1111nt. lher• art no buildings or paved areas proposed
at this time, so tt:e only potential visual inipacts are those-of tt,e noclcp1lel.l
dirt. The Connission finds ~hr proposed contouring ar.d 1andscaping w111
assure that no adverse vi~ual 1nipacts result fr0111 project iraple111entation, and
find the proposal, as cond1tione~, consistent with Section 30251 nf the Act.
4. loc§l Coastal Pl4nn1ng. Section 30519.1 (c) requires that a penn1t for a project w1th1n the Hello I ar Me11G 11 s~g111ent pla~nlng areas of the
Cltt Carlsb~d shall be approved only if the Coaraission finds that it is
consistent with the Certified Loc1l Coastal Program for the area. ln \his
CiSt, such a finding can be 1111de.
lhe site is Included within the Heilo 11 se91111nt of the C1rlsbad LCP certified
by the Conwnission in 1981. lhe proposed stockpile of lm!)orted fill is consistent with the P-M-Q (Planned Industrial) designation for th, site found
in the LCP and, as conditioned, will also be in confonaanct with the ir.iplenwrnt1ng ordinances of the \.CP. Approval of th& staexp11e at th1s time
wlll not prejud1ee tile Connihsion•s ability to rtview futurt dnelop111ent
proposal\ on the site for consistrncy 1Jith all srnsitlve resourc, and ~1e
protect1on policies of the certified LCP and the Coastal Act. Thrrefore,
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1590
b-89-127
Page 7
project approva1 should not prejudice the ability of the City of Carlsbad to
1mple~nt the certified LCP.
STANDARD COHDITTOHS:
1. Hotlce of Recript and Ackn.,..,l~dgetM:nt. The perndt is not valid and development shall not ca~nce until a copy af the permit, signed by the
perniittee or authorized agent, acknowledg1ng receipt of the pernit and
1cceptance of the terms ~nd conditions, 1s returned to the Connission
office.
2. Expiration. lf development has not cormM!nccd, the pernit will expire two
y•ars fr011 the date an ...ti1ch the Conaission vottd on tht application.
Develop111ent shall be pursued in a diligent Nnn•r and C011Pleted in a
re~sonable period of tinie. App1icati~n for extanslon 0f the permit must
be aade prior to th~ expiration date.
3. C0110liance. All developr.ient ~ust occur in strict COl'll!)liance ~1th the
proposal as set forth below. Any deviition from the approved plans must be revie~ed and approved by the staff •nd niay require CO!llllission approval.
4. lnttrpretation. Any questions of intent or interpratation of any
condition wi11 be resolved by the EAtcut1ve Director o~ the C0fllllission.
5, Inspections. The COlMl1ssion staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. 6Ssignnient. The penxft may be assigned to any qualified person, provided
assignee files with the C011T11ission an affidavit accepting all terms .nd
conditions of the permit.
7. T•:'"llls and Conditions Run with the Land. Thtse terns and conditions sha11
be perpetual, and it 1s the intention of the Corirnission and the permittee
to bind all future O'liners and possessors of the subj•ct property ~o the
terms and conditions.
(!127R)
1591
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1594
NEKORANDUN
C&lifornl1 coast•! c..-lss1on
~n D1e90 District
TO: C~1ss1ontr1 lnd
Int1r,1t1d Persons DATE: Jun, 12, 1989
FROM: Stiff FIU NO: &-89-127
SUBJECT: PIOd1ftc1tlons to the Stdf Report ln<1 Pre11•in&ry R1cllCIINnd1tion dated Nay 30, 1999.
Th~ project descript1on on Pagel of the 1bovt-r1f1r1nc1d doc1J111ent should bt
aoc:jif1~ to indk1tf that the d,v1lopjNnt occurs on APNs 212~0-37 , 38 only,
•nd tl'l1t APII 212-o-10-35 1s not • put of the propos.1. This c:orr,ctlon is
furthtr nf11cbd in tht rtvistd Exhib1t 13, 1ttlched her.to, delineating the
required 50' bufftr aru.
Also, staff rtc01Wtnds th1t Sptc111 Cond1t1on #2 bt 110dHi12d as follows:
2, PR,o Sptc• Qod Rntr1c:l,1on. l'r1or to th• issuance of tt,-a
c1Mst1l d1v1lol)ilint ptl"ll1t, tht 1pp11c1nt shill record a restriction
1911ntt tht subj•ct pr-operty, fne of 111 prior l1ens and tncllllbrances,
except for tu 11,ns, ind !11nd1nq on tht ptr111ttee's succusors In
interest and any subuqu1nt purchasers of an!( portion of the real
prop1rty. The N!str1ct1on shall prol'l1b1t any altarat1on of landfoms,
N110v1l of vegttat1on or the erection of structures of .any type 1.n the
•r•a sh°""1 on the attached Exhibit #3, and generally described as the
existing ri~rian corridor &nd a fifty foot bufftr along th• northern side of sa111, without th, written approval of the C411for-n1a Coastal Com1is11on
or successor in int1r1st. Tht recording doc11111ent shall inclu11e legal
descr1r,t1ons of both tht appl1cant's entire parcel(s) and t.he rtstr1cted
area, and shall bt in a foni and conttnt accepta.ble to tha Executive
D1 r-tctor. Evidence of re<:o~at1on of such restriction sh111_ be subject to
the revir.1 and writt,n approval of the EXtcut1ve Director.
In addition, the paragraph b19inn1rg on Page 4 111d c·ontinuin9 on Pagt 5 should
be RJdif1ed as follows:
Sptc1;ii1 Condition #1 will require a 111nor r-1des1gn of th~ project, such
tl'lat all proposed encroathrMnts within th, floodpl&in will oe rtn10ved. A
new hydrolog!( niap showing th~ full extent of the exist1nq 100-ytar
floodplain boundary for th! tWo 1,911 Rtcc,Js invo]v,g in th, sybj!ct
proposal is r1qulr1d, along with a revlstd grading plan obstrv1nq th•
•
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1595
Coaissiontrs •nd Intartsted P1rsons
Jun, 12, 1989
Pagt 2
floodpl11n 11111ts, Out to tht COl'JIPlrlt1vely large exp1nst of
non-flooopl11n l•nd av1111ble, and tht variable depths of fill proposed
hentn, it would appear c0111pliance with this cond1tior. can eas11~ be
ach1evtd.
Finally, the second full p1r19raph on Pag, 5 should be replaced with the
fo11ow1ng paragraph:
The open spact aru w111 include both the riparian corridor and 1
fifty-foot buffer ex~tnd1ng fr~ the tdge of the 1d11;1tified 1"'1parian
ngebtian, on the northern side of the channel. The e:clsting southern
property boundary runs through the 1111ddle of the riparian corridor, so the
nqu1rtd open space area is bound•d by the southern property 11ne. There
ire existing structures on the southern side of the channel. on a separatl'
legal parcel in the sa111e a-.mership. This property is not involved 1n the
subject developMnt proposa 1, but does fa 11 within f Hty feet of the
r1p.ar11n corridor on the southern s1de. Coastal C~1ssion action on any
futurt 1"'1)roveiaents to that property would 11 ke ly il'IIJOSe i.111ilar open
s'J)~Ct 1nd buffer requiNINnts u art adopted herein for th~ subject
pan:1ls. In addition, the applicant has indicated the potential need for
.adifkations to the herein-designated buffer area, due to acc,ss
constra1nts. Tht 1pproprlatene1s of such potential encro~ch111ents will be
detemined at the t1rte the C011111ss1on revi....,s a development proposal for
the subject property.
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California Coastal C011111ission
San Diego Area Office
1333 Camino del R1o Horth, Suite 125
San Diego, CA 92108
1597
June 14, 1989
Re: Coastal Development Permit Appl1cation ,to-89-127
Dear C0111Rissi0ners:
I propose to niodify the above-referenced µermit application to delete APH
212-0~0-37 (Parcel C of an existing subdi~ision) at this time. The proposal
for i111>ort of stock pi le materials wi 11 apply only to APH 212-040-38 ( Paree 1 D
of the exi5t1ng subdivision) and would allow development of Parcel D as shown
on Exh1b1t ,#2 attached to the May 30, 1989 Staff Report and Preliminary
Reconnendat ion.
Furthermore, 1 accept the special conditions recomended by the COllllli ssion
staff, as they apply to APH 212-040-38 (Parcel D) only. The redts1gn required
in Special Cond1t1on #1 does not apply to Parcel 0, since the floodpl,rln is
already clearly def1ned on that parce1. For simplic:ity, the condition remains
attached to the pernit, and 1 understand that compliance with that condition
has been accomplished throuqh the plans already on file.
s~
Rich :,11y, Tr!!tf
Agent for Kelly Tru~t
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'ITA11 b, CA~™I lll0UltOS ACMH:'I' OfOIIOf ~ "--
CALIFORNIA COASTAL COMMISSION
1,tNDIIOQCOAITo,m,c:'I
I-C..-.O-a0t0UnC.SUrTl17S
.,...NGO,,CA"PJI~
.. ,,. 2"1Jf1"10
To: 6-89-127 (1:tl1y)
By: Et
Datt: July 10, 1989
Nott to F1lt l"e'l&niinq final C01111issfon a.ction on the above-referenced sarn1t
.application:
On June 16, 1989, the Coutal Cocnis$ 1on unoni1110us ly 4pproved Coasta 1
Develop11ent Ptr"lllit -#S-89-1i7. The applici1t1on had been a~nded to incorporate
several 111inor cll,nges, but no revised f1nd1n~s were r1quired. The changes
which occur-red at tht hear-1ng, b1ud on the attached letbr fr011 the
applicant, restricted th11 COll8ission's action to a single ll!gal parc:el -
P•rcel D (APH 212~0-38).
Although all si,te1&1 conditions reraa1ned on the ptna1t, Spec141 Cond1t1on's #1
ind #3 an autoact1c:a11~ COll!)11ad with thrcu~h tht approved project
description, sinet no rv!ies1gn ._,,s requ1red for the Parcel D port1(ln of the
s1t1, and since tlle open space euen111nt (Spe<:141 Condition #2) covers tne saille
1r-e• on P1rc:el C as did the rntrit:tion requi r-ed for futuri: d~ve1opment.
( 1722H)
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09/03/:!003 15; uu .J:<'.U. 76078153_33 __
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US Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
2730 Loker A venue, West
Carlsbad, CA 92008
(760) 431-9440
FAX(760)431-9624
In Reply Refer '!o; FWS~SDG--1497.1
Mr. V:an Lynch, Associate Planner
City of Carlsbad
1635 F.ai;aday Avenue •
Ca:rlsba~ CA 9200~7314
Re: Pacifica Carlsbad Project SO-foot wetland buffer
Dear Mr. Lynch:
. .
California Department of
Fish and Game
4949 Viewridge A venue
San Diego. CA 92123
(858) 467--4201
FAX (858) 467-4299
JUN 181DIH,
Toe California Department of Fish and Game (Department), and the U.S. Fish and
Wildlife Service (Service), hereafter collec::ti.'1ely referred !O as the Wildlife Agencies, have .
reviewed the project environmental documenis and a recent map produce (Grading and Drainage
Plan. dated 1/28/01) provided by Shapouri and Associates, the consulr.an'C to t:he projecr., depicting
a 50-foot: wetland buffer along·a portion of Encinitas Creek that is within the property boundary.
The project sire is 15,7 acres in the City of Carlsbad~ south of Palo:r:nar Aiiport Road, west of
College Boulevard and Laurel Tree Lane. Thfl proposed project includes a 120)000-square foot
office building and parking lot. As part of the project mitigation, 4.63 acres of habitat, ·including
the pon:ion of En.cinir.as Creek and its associated riparian vegetation, will be placed inr.o open
space and p:ro~ted by a conservation easement.
Additionally, a 5O-fooc wetland buffer separating the developed portion f"rom the creek is
required as a mitigation element. Based on the site's geometry and project configuration. the
applicant has requested that an encroachment into the buffer area be allowed for placement of a
proposed vegetated swale for filtration/desilting, and a l0-fo9t wide (unpaved) public trail. The
swale is required to address water quality impacts from the development .and e:,,;.isting runoff from
Palomar Airport Road. • •
:;[he Wildlife Agencies have reviewed the plscemenr. ·of these structures in the wetland
• buffer and agree that they are acceptable wi.th rhe following conditions: (l) all sediment
:reni.oval/swale maintenance will be accomplished. manually. nor using motorized equipment that
requires placemenc in the buffer or wetlands; (2) the public trail will be placed between rhe
building and the basins; (3) rhe public trail will not be paved, and will have.a permeable surface;
and (4) the filtwtion/desiltation swale will be planted with native vegetation.
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,_,._,,~~'u"--•--·-··· • -· ,. -• :Mr. Van Lynch
This letter reflects r.he Wildlife Agencies' opinion regardlng acceptability of the
plai;:eroent of stn1ct1,J.res in ,:he 50-foot riparian buffer zone. Other aspects of the project wm be
addressed in our review of the Califo~a Environmental Quality Act (CEQA) environmental
document. If you have any questions regarding this letter, please-contact John Manin of the
Service at (760) 431-9440.
Sincerely,
Nancy Gilbert
Assistant Field Supentisor
Carlsbad Fish and Wildlife Office
U.S. Fish and Wildlife Service
cc: Ali Shapouri •
Shapouri and Associat.es
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William E. Tippets
Habitat Conservation Supervisor
South Coast Region
California Depamnent of Fish and Game
16089 San Diegu.ito Road, Swte H-102, P.O. Bo:x 676221
Rancho Santa Fe, CA 92067--6221
Bill Ponder
Califohria Coastal Commission
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