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HomeMy WebLinkAboutCDP 98-13; Rancho Real; Coastal Development Permit (CDP) (15)November 18,1998 Dennis A.Turner Principal Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Dennis, I am writing regarding the "Rancho Real" project, Tract No. CT-90-13, CDP 98-13. I wanted to follow up our conversation of yesterday evening regarding the "Stop Work" notice that you issued on our project due to Coastal Commission issues. In my interpretation of the Coastal Development Permit Procedures (Chapter 21.201), appeals to the Coastal Commission (per 21.201.020.D) can be made by 1) the applicant 2) any aggrieved person, or 3) any two members of the Coastal Commission. On this project, 1) the applicant does not wish to appeal 2) there are no aggrieved persons (per 21.201.020.A - since no one attended or spoke at the public hearing, and no one informed the City of any concerns), and 3) the Coastal Commission has decided not to appeal the Planning Commission decision. Additionally, (per 21.201.140.A) for anyone from the general public to appeal, they must first have appealed to the City (local authority). No one appealed to the City during its 10-day appeal period, therefore no one can appeal to the Coastal Commission. Therefore, grading should legally be allowed to continue immediately. Due to the fact that the City has already issued a grading permit, it is the opinion of the City Engineering Department, City Inspection Department, and the project Geologist (see letter attached), that by not working for the next two weeks*, there would be a heightened impact of erosion upon the wetland area (due to the site being clear, and having open excavations). It would be extremely beneficial to allow the grading to continue in order to get the fill slopes installed which are immediately adjacent to the wetlands, and install the desilting basin which will ultimately provide the greatest form of erosion control. 3002 DOW AVENUE, SUITE 122, TUSTIN, CA 92780 TEL. (714) 544-1517 * FAX. (714) 544-1524 I know that it is the intent of the City and the Coastal Commission to limit grading during the rainy season. My concern is that this project is only a 5-6 week grade. If we had been able to commence on September 30th (when the grading plan was approved), the site would be completely graded by now. We have already been pushed six-weeks closer to the rainy season, and now this appeal period would push us two more weeks (and well into the month of January). I can be reached at 760-434-3493. Sincerely, PINNACLE COMMUNITIES Kinnert Vice President * I have been informed that the appeal period is ten working days, which started November 10th, and will expire on November 24th. November 26th and 27th are holidays, so therefore grading could not continue until Monday November 30th.