HomeMy WebLinkAboutDI 89-05; Kelly Stockpile; Discussion Item (DI) (4)Date: Auqust 29, 1989
Sub j ect : City of Carlsbad/Plannins Commission
DI 89-5
The engineering design for Palomar Airport Road resulted in
an excess of earthwork estimated at 300,000 cubic yards. The
engineering plans did not address the disposal of this excess
material and, as a result, the bidding contractors began contacting
local land owners for a potential disposal site. A bid delay was
requested and rejected by the City because any delays would add
additional costs to the project.
During the bid review by the proposed contractors, the Kellys
were contacted regarding utilizing their property as a disposal
site. We met with the City to discuss the possibilities of
receivirlg all or part of the excess material. We were encouraged
by the City to pursue a stockpile permit which, according to the
City, could be supported. Studies were done and grading plans were
prepared by a local consulting engineering firm along with an
Environmental Assessment and submitted to both the Planning and
Engineering Departments of the City, as well as to the Coastal
Commission.
Final plans were prepared and processed with the City and the
Coastal Commission along with an Environmental Assessment. A.
conditional negative declaration was granted to the project by the
c c
Carlsbad Planning Commission August 29, 1989
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City and the Coastal Commission issued a permit. The only
condition, was that in the negative declaration it stated that
the sole source of dirt was to be the Palomar Airport Road project.
This was not a problem at the time, and should it become a problem,
the condition allowed for an amendment.
The processing of the plans with the City dragged
significantly and, as a result, the contractor on the Palomar
Airport Road project had to seek alternative places to get rid of
the excess dirt. As a result, the available earthwork dropped to
162,000 cubic yards. Plans were amended to reflect this new
amount. It was determined that the import quantities justified the
engineering and site preparation efforts. Sole source of material,
Palomar *Airport Road, was still not a problem.
The plans were finally approved, deposits paid, bonds posted
and permits issued; however, due to the continued delays only
50,000 cubic yards of material was available. About this time,
we were contacted by the City and they suggested that the excess
material from the work being done at the Encina Sewer Treatment
Plant could be placed on our property. At this time, a request to
amend the sole source of material condition was discussed. The
City stated it wouldn't be a problem and that they would initiate
Carlsbad Planning Commission August 29, 1989 Page Three
the amendment to the negative declaration. An alternative source
at the time was, and remains, the work associated with the Encina
Sewer Treatment Plant Expansion.
At a subsequent meeting with the City, it was stated that
Staff could not support amending the sole source condition in the
negative declaration. Staff stated that the City had erred in
approving a grading permit to begin with, and could not continue
the error by amending the permit. We do not understand how or
where the City erred. We proceeded on their recommendation and met
all the conditions placed on us in processing the permit. The only
concern we feel Staff may have now is that they didn't originally
take our request to the Planning Commission. Their recommendation
to us n&w is to take the problem to the Planning Commission for
disposition.
It is our position that all the work done and effort expended,
to date, was done in good faith and at the encouragement of the
City Staff. Also, that the issuance of the negative declaration
and grading permit along with the placement of some 50,000 cubic
yards of material, to date, in conformance with all City and
Coastal Commission conditions deserves further consideration. Our
only request is that they be able to complete what was originally
agreed to with the City.