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HomeMy WebLinkAboutCDP 98-13; Rancho Real; Coastal Development Permit (CDP) (8)~ PLANNING SYSTEMS LAND USE / COASTAL PLANNING LANDSCAPE ARCHITECTURE - LASSOO POLICY AND PROCESSING ENVIRONMENTAL MITIGATION November 19,1998 Ms. Sherilyn Sarb CALIFORNIA COASTAL COMMISSION 3111 Camino del Rio North Suite 200 San Diego, CA 92108-1725 RE: CITY OF CARLSBAD CDP NO. 98-13 RANCHO REAL Dear Sherilyn: Pinnacle Communities, Inc./Carlsbad 35, LLC, owners of the Rancho Real property in Carlsbad, have requested our assistance in providing to Commission Staff any and all information they may need in their assessment of the recent City approval of a winter grading extension for the referenced project. The project is located within the Commission appeal area and the owner wishes to avoid any lengthy procedural delay to the construction operation. This construction operation began on November 16, 1998, at which time the City of Carlsbad issued a grading permit for the project. Authorized vegetation clearing, and initial stages of desiltation basin construction commenced until the contractor was issued a stop work order by the City, late in the day on November 17, 1998. Although a silt fence presently provides some downstream protection around the perimeter of the site, in the absence of opportunity to complete erosion control facilities required by the erosion control plans, the site presently is characterized by 16 acres of scraped, bare soil. The City of Carlsbad's recent approval of extension to the grading season was made after thorough assessment of the specific situation of Rancho Real. The City concluded that; "the grading can be accomplished during the winter season with no negative consequences to the site or neighboring sites. The City's Grading Ordinance contains numerous regulations which govern grading activities, including regulations specifically for grading during the rainy season. 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • planningsystems@nctimes.net Sherilyn Sarb November 19, 1998 Page 2 The Engineering Department has concluded that these existing regulations are sufficient to prevent unacceptable erosion/sedimentation and/or other impacts to the project site or the surrounding areas." As you know, the single factor most responsible for the recent increase in winter grading exemption requests are the calendar limitations now placed upon grading by the Resource Agencies. In the Rancho Real case, the USF&WS notified the City that grading will be prohibited from March 15 through September 15 to eliminate potential impacts to neighboring endangered species during their breeding season. When combining this restriction with the Coastal LCP grading prohibition, two weeks per year is available for grading operations. The earthwork for Rancho Real will approximate six weeks of grading. The Coastal Commission has typically allowed exemptions to the winter restriction when schedule conflicts such as this exist, and where it can be found that adequate erosion control facilities are provided. It is the City and the owner's belief that the approved erosion control plans provide the level of erosion control necessary in order to protect the subject property and downstream lands. We have enclosed with this letter a reduced copy of these plans for your reference. Please review these erosion control plans. If it is Coastal Staff's opinion that these plans in some way fall short of your expectations, the owner will agree to make modifications to add additional protection if requested. We and the City believe that, under the circumstances, it is important that the initiated grading be completed and buttoned up as quickly as possible. We concur with the City that this will provide the optimal protection to balance both the downstream wetlands, and the endangered species issues. Assuming an adequate erosion control plan, this is consistent with previous findings of the Coastal Commission on similar projects. We are hopeful that adequate information is provided with this letter in order to avoid the lengthy delays associated with a Coastal Commission appeal of the City action regarding extension to the grading season. Please Sherilyn Sarb November 19, 1998 PageS contact me if you need any further information, or wish to discuss additions to the erosion control plans. Sincerely, Paul J. Klukas Director of Planning cc: David Kinnett Attachment