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Home My WebLink AboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (9)RCU BY:XEROX TELECOPIER 7010 ;11-13-92 10:47FIM ; 619 438 2443+ FROM HPR 11.13. 1992 - "- - -. % c 6194380894; # 2 P. 2 Hofman Planning Associates a Bill Ponder California Coastal Commissioi San Diego Coast Area 3 11 1 Camino Del Rio North, Suite 200 San Diego, CA 92108-1725 SUBJECT: CARLSRAD MELLO 11 LCP AMENDMENT - Proposed Mello I1 Porkies. Dear Bill; Per our phone conversation on November 10, 1992, on behalf of the City of Carlsbad and the Evans Point landowner, enclosed please find new draft wording for proposed Mello I1 Policy 3-7. This is a proposed revision to the language currently contained in the Coastal Commission $taff Repirt dated October 28, 1992. We offer this suggestion in hopes that it addresses the Coastal Staff's concerns for protection of wetland resources in the coastal zone, while allowing for case by case review of potential impacts under applicable state law, Our concern with the language as proposed in the staff report is that it narrowly delimits allowable wetland impacts and does not provide for case by case review. The basis for our requested Policy 3-7 language change is Section 3041 1 of the California Coastal Act which states that: "(a) The Department of Fish and Game and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization, " According to our understanding of the above Coastal Act provisions, the Department of Fish and Game Code Section 1600-1603 regarding wetlands provides the reguIatory authority to which the Me110 I1 must adhere, Therefore, the attached proposed language defers to Section 1600 as to allowable impacts to wetland resources. As an additional safeguard for wetland and riparian resources, the three measures proposed in the staff report are retained which require that for proposed impacts: 1) the applicant demonstrate that there is no feasible less environmentally-damaging alternative to the proposed disturbance; 2) the allowable disturbance must be performed in the least environmentally- 619 436 2443+ RCU BYZXERDX TELECOPIER 7010 ;11-13-92 10:48FIM ; FROM HPQ 11.13.1992 _- I __ 6194380894; # 3 P. 3 damaging manner; and 3) dedication of an easement for open space purposes shall be required over sensitive resources proposed for preservation within a project. These measures are not currently contained in the Mello 11. Although we did not discuss proposed Policy 3-8 in our phone conversation, in addition to your consideration of the above suggestions for Policy 3-7, we would like to request a clarification that the required buffers identified in Policy 3-8 are applicable to all preserved wetland and riparian resources. We request that the proposed language be amended by replacing the word "identified" with the word "preserved" in the first sentence of Proposed Policy 3-8. Also, please note that the land, use exhibit for Evans Point attached to the Coastal Staff Report is outdated (dated March 28, 1990), I understand Don Neu of the City of Carlsbad is sending you an accurate, updated exhibit this morning, The project contains more contiguous open space than shown in the oIder exhibit. Bill, I hope this language is successful in balancing the concern for protection of wetland resources with the need for consistency with Coastal Act provisions. Sincerely, v Bill Hofman BH: LK enclosure cc: Deborah Lee, Assistant District Director Don Neu, City of Carlsbad Tony Griffin, George Wimpy, Inc, RCU EY:XEROX TELECOPIER 7010 ;11-13-92 18:48FIM ; 619 438 2443+ FROM HPFl A .- 11.13.1992 - .- . ...- 6194380894; # 4 P. 4 New Proposed Me110 I1 LCP Policy 3-7: Wetlands and riparian resources outside the lagoon ecosystems shall be protected and preserved. Direct impacts on defined wetlands and riparian areas may only be allowed for the expansion of existing circulation element roads. Other impacts may be allowed if permissible pursuant to Section 1600-1603 of the California Fish and Game Code. In such cases, the applicant shall demonstrate that there is no feasible less environinentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally-damaging manner. Dedication of an easement for open space purposes shall be required over sensitive resources proposed for preservation within a project. Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. New Proposed Mello I1 LCP Policy 3-8: Buffer zones of 100 feet in width shall be maintained around all preserved wetland areas and 50 feet in width shalI be mainiained around all preserved riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site- specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone.