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