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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