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Home My WebLink AboutCT 93-10; Seapointe Resort; Tentative Map (CT) (12)Hofman Planning Associates e • • Rl----2^ Planning Project Management Fiscal Analysis U j March 2, 1995 Christer Westman 2075 Las Palmas Drive Carlsbad, Ca. 92009 RE: ENVIRONMENTAL REVIEW FOR PLACING SAND FROM THE SEAPOINTE PROJECT ON ENCINA BEACH Dear Christer: The Seapointe project has been conditioned by the Coastal Commission to place the approximately 20,000 cubic yards of sand being exported from the site on the adjacent beach, Exhibit A. As you are aware the environmental review completed by the City did not address placing sand from this site on to the beach. We are in the process of obtaining permits from the California Department of State Parks and the State Lands Commission to comply with this requirement. One of the questions brought up by these agencies is the issue of environmental review for this aspect of the project. We believe that the placement of the sand from this site on to the sand pumped from Batiquitos Lagoon can be handled under CEQA either as a Categorical Exemption or Prior Compliance. CATEGORICAL EXEMPTION Section 15304 from the CEQA Guidelines addresses Class 4 Categorical Exemptions, Exhibit B. The opening paragraph of this section states: Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: 2386 Faraday Avenue • Suite 120 • Carlsbad • CA 92008 • (619)438-1465 • Fax: (619)438-2443 Subsection (c) of Section 15304 states: Filling of earth into previously excavated land with material compatible with the natural features of the site. We believe that the placement of the sand from the Seapointe project on to the sand placed on the adjacent beach from the Batiquitos Lagoon project falls under this subsection of CEQA. The Seapointe project proposes to place approximately 20,000 cubic yards of sand on top of 1,600,00 cubic yards of sand dredged from Batiquitos Lagoon. The attached grain size analysis shows that the material coming from this site ranges from 72-98% sand, Exhibit C. GEOCON has informed us that this material is very similar to the existing sand on the beach. It is basically the same sand that has been naturally eroding from the bluffs to contribute to the formation of the adjacent beaches. These bluffs are old marine deposits from when the sea level in this area was higher. GEOCON has completed an assessment for hazardous materials that has shown that the material that will be placed on the beach will not contain any hazardous materials, Exhibit D. This study has shown that there is a trace of hazardous materials from previous agricultural operations in the surface soils. This material will not be placed on the beach. The upper two feet of soil from this site will be used for fill to construct the required road improvements on Carlsbad Boulevard. Attached as Exhibit E is the proposed haul route to take the sand from the site to deposit it on to the beach. A large scale exhibit showing the exact haul route and location where the sand will be deposited is available. The grading contractor estimates that it would take approximately one week to move the sand from the site on to the beach. Based on the information provided above we believe that it would be easy for the City to make a finding that the placement of the sand from the Seapointe project on to the adjacent beach would be Categorical Exempt under CEQA. PRIOR COMPLIANCE We also believe that a strong argument can be made for Prior Compliance, since the extensive EIR for the Batiquitos Dredging Project addressed the impacts of placing sand on the Encina Beach. This project will only increase the amount of sand placed on the Encina Beach by 1%. As explained above this sand would be compatible with the sand on the beach and would not contain any hazardous materials. We believe that the Categorical Exemption would be the quicker and simpler of the two options, but a finding of Prior compliance for this project would also be acceptable. Continental Commercial Corporation has to start the grading of this project by May 1, 1995 to comply with the time constrains established for this project by the Coastal Commission. It is important that the issue of environmental review for the placement of the sand from this project onto the adjacent beach be resolved in a timely manner. The State Agencies have indicated to us that they will rely on the City's findings regarding environmental review for this aspect of the project. If it can not be worked out in a timely manner this sand will have to be placed at another site and we will loose the opportunity to have it placed on the beach. We are looking forward to hearing from you as soon as possible regarding this issue. Please feel free to contact me if you need any additional information. Sincerely, Mike Howes cc without attachments Gary Wayne Brian Hunter Tim Stripe attachments NOTICE OF INTENT TO ISSUE PERMIT NO. 6-94-157 _ PAGE 4 of JL_ bMitfr /? SPECIAl CONDITIONS, continued: 5) A written commitment that all required plantings shall be maintained in good growing condition, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscape screening requirements. B. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction, in a form and content acceptable to the Executive Director, to ensure that the intent of this condition continues to be applicable throughout the life of the project. The restriction shall provide that landscaping shall be implemented in accordance with Special Condition #3 and consistent with those plans approved with CDP #6-94-157. The restriction shall be recorded, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. 4. Sign Program. Prior to the issuance of the coastal developement permit, the applicant shall submit a comprehensive sign program for all proposed signage documenting that only monument signs, not to exceed eight (8) feet in height, or facade signs are proposed. No tall, free-standing pole or roof signs shall be allowed. Plan shall include signage identifying Descanso Boulevard as a beach accessway. Said plans shall be subject to the review and written approval of the Executive Director. 5. Disposal of Excavated Material. Prior to the issuance of the coastal \ development permit, the applicant shall obtain a written determination from I the California Department of Parks and Recreation identifying, based on / information submitted by the applicant, the quantity of material suitable for J beach sand replenishment on the adjacent Carlsbad State Beach, and the process f required to enable deposition above the mean high tide line by June 1, 1995. I If processing permits, the applicant shall be required to transport all suitable material to a location approved by State Parks by that date. For any material determined to be unsuitable for beach deposit by that date, the applicant shall identify the location for the disposal of graded spoils. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from the California Coastal Commission or its successors in interest. */ 6. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall specify that no lane closures shall take place on Carlsbad Boulevard between June 30 and Labor Day. In addition, the applicant shall submit final plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on public access via the maintenance of existing public parking areas and traffic flow on coastal access routes (Carlsbad Boulevard, in this instance). Use of public parking areas for staging/storage areas shall not be permitted. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas located on the proposed Lot 2. If more than one staging site is utilized, the plans shall indicate which sites are connected with which portions of the overall development, and each individual site shall be removed and/or restored immediately following completion of its portion of the overall development. s an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanized areas, the exemption also applies to cconercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less if not constructed in conjunction with the building of four or more such structures and if not involving the use of sig- nificant amounts of hazardous substances. (d) Water main, sewage, electrical, gas, and other utility extensions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21084, Public Resources Code. Minor Alters.- 15304. tions to Land Class 4 consists of minor public or private alterations in tne condition of ia.no. water, and/or vegetation which do forestry are not limited to: (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway/in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Pilling of earth into previously excavated land with (d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in Improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. 214 '• <£//,///- GEOCON ,uINCORPORATED FACSIMILE TRANSMTTAL PRCJECTNO: ........ _.. '. .'. ................................................... DATE. TO : ATTENTION : SUBJECT: FROM: RESPONSE REQUIRED ? D YES ^ NO TOTAL NUMBER OF PAGES : _........ ....... (INCLUDING COVER. SHEET) REMARKS : tJLrrSti~r CVJi/rta^T' &&*/(?/ u frz^'w Z, - 0 SENT BY : THE ORIGINAL OF THIS FAX-"T] WILL M WILL NOT BE MAILED IF YOU DID NOT RECEIVE THIS TRANSMISSION CLEARLY, OR HAVE ANY QUESTIONS PLEASE CONTACT OUR OFFICE AT (619)558-6900 (S960 FLANDERS DPJVE - SAN DffiOO. CALIFORNIA 92121. 2D74 PHONE c!9 .55S-<iO(M . FAX 619 558-6159 -JAM-12-'55 7HJ 3S:12 ID:GECCCN INC TEL NQ:S19/55S-6159 2 P02 PROJECT NO. 05343-12-01 103 92 80 ^ _ g TO M fi £ 50 Z a: snCI0 i nXV e GRAVEL COARSE 1 FINE SAND :QARSE; nEDiun FINE U. S. STANDA 8 1C 30 8• 1.1/2- 3/4" S/r 4_ ^10 J. tp | 40 . 1 \ \ ii f i i i t i T i i '5 t i :il 1111 1 l't\ i t ! SILT OR CLAY RD SIEVE SIZE pep 100 soor \ |\\ ie i GRAIN SIZE • CD SAMPLE LB1-3A LB<t-t Depth (ft) 16.0 5.0 I \ 1 \1 "» \ ^- ' 10.1 e.ei e.aai IN MILLIMETERS CLASSIFICATION * yellow-gray, f-m SAND orange-brown, f-m SAND with silr 4AT WC L 7.J ,L PL PI GRADATION CURVE SEAPOINTE RESORT CARLSBAD, CALIFORNIA Figure B-! PROJECT NO. 03343-J2-02 98 80 I ?B A m so I-*u. £ 40 LUU w 30 SB IB 0 GRAVEL COARSE FINE SAND K3ARSE MEDIUM U. S. STAND A ft 16 SO (i-i/r a/,4" .«/»• 4 Tio i :p | <p Iii ii •a A 1 1 ' 1 1 i i ^* ^ I i i i ii i : i ; i 1 1 *I!V I FINE SILT OR CLAY RD SIEVE SIZE 0€0 1QO 200 I i l\ Vi N \ ii ^ \ ^\^ \ M i • i 1•ij i EU. | 1 i i 1 i j ifi 1 B.I 0.01 U.* GRAIN SIZE IN MILLIMETERS SAMPLE SB4- i A SB4-2 SB 14. Dscth (ft) 7.0 10.0 2.0 CLASSIFICATION brown. Siltv. f-m SAND grav-brown. Silty, f-m SAND brown. Clavev. f-m SAND >4AT Wd LL 4.7 PL PI 101 GRADATION CURVE SEAPOINTE RESORT CARLSBAD. CALIFORNIA Sfi Figure B-2 fault