HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (40)c r?
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
Mr. John C. Levy, Jr.
REFLEX Corporation
1825 Aston Avenue
Carlsbad, California 92008
BUG 25 1998
Re: City of Carlsbad Coastal Development Permit 97-59
Dear Wz. Levy:
The U.S. Fish and Wildlife Service (Service) is in receipt of your letter dated August 21, 1998,
regarding our comments on Coastal Development Permit (CDP) 97-59 presented in a letter to
Robert 0. Sukup on February 13, 1998. It is my understanding fiom your letter and phone
conversation with Julie M. Vanderwier this morning that the California Coastal Commission
(Commission) is appealing the City’s issuance of this CDP on a number of issues, at least two of
which were conditions set forth by the Service in our February letter. These include:
0 Establishment of a 100-foot buffer fiom the mean high water level to all structures, roads,
and fences as described in the January 7, 1997 plan. The property owner shall make an
irrevocable offer of dedication (IOD) for this buffer area to the California Department of
Fish and Game (Department). The IOD should be recorded in a standard easement
document signed by the Department and the property owner, and should include language
that requires the IOD to be obtained prior to the receipt of a development permit fiom the
City.
Installation of a 72-inch high perimeter fence along the western, northern, and eastern
portions of the project sites as described in the January 7, 1997 plan to reduce the
likelihood of pets, particularly cats, entering the marsh.
Also, the Service included these conditions:
Slope grading for the property and/or construction of barriers along the perimeter of the
property be conducted so as to prevent urban runoff fiom draining into the marsh and
Buena Vista Lagoon.
0 Restoration of the 100-foot buffer areas prior to development which will include the
removal of non-native plant species and application of a coastal sage scrub-native
grassland seed mix.
Mr. John C. Levy, Jr. 2
0 Incorporation of a combination of shields and low-level lights on its outdoor lighting
fixtures to prevent unnatural lighting of the marsh and lagoon environments.
These recommendations were made part of the biological mitigation measures set forth in the
City’s mitigated Negative Declaration (ND) for CDP 97-59/SDU 98-03. Because of this, the
Service did not need to comment on the ND when it was sent to us for review on April 6, 1998.
Should any of the biological mitigation measures incorporated into the ND as part of project
approval be modified, in particular placement of a trail within the 100-foot buffer area or deletion
of the fencing requirement, the Commission needs to be aware that the Service could not concur
with the issuance of the City’s ND or CDP 97-59.
Jt is also our understanding that you wish to install a “dusk to dawn” gating system for the fiture
trail. This system would not restrict access by the public during daylight hours, but rather is
intended to preclude access after dark and habitation by transients. The Service would support
the use of such a system as such unauthorized access into the marsh and lagoon can result in
impacts to sensitive habitats and listed species.
If you have any questions regarding the contents of this letter, please call Julie M. Vanderwier of
my staff at (760) 43 1-9440.
Sincerely,
Field Office Supervisor
cc: Chris DeCerbo, City of Carlsbad
Tim Dillingham, California Department of Fish and Game
Bill Ponder, Caiifemia Coasiai Commission