HomeMy WebLinkAboutCT 94-01; Poinsettia Shores; Tentative Map (CT) (22)STATE OF CALIFORNIA PETE WILSON. Gov
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
(TDD/TT) 1-800-735-2929
(916) 445-1012
July 19, 1994
File Ref.: W 20725.203
W 20725.206
SCH 94051035
Eric Munoz
City of Carlsbad
2075 Las Plamas Drive
Carlsbad CA 92009
Dear Mr. Munoz:
SUBJECT: Mitigated Negative Declaration (ND) for Poinsettia Shores Master Tentative
Map - CT 94-01/HDP 94-03, SCH 94051035
Staff of the State Lands Commission (SLC) has reviewed the subject document. We
apologize for the lateness of our comments and would appreciate their consideration by the
City. Under the California Environmental Quality Act (CEQA), the City is the Lead
Agency and the SLC is a Responsible and/or Trustee Agency for any and all projects which
could directly or indirectly affect sovereign lands, their accompanying Public Trust resources
or uses, and the public easement in navigable waters.
The tentative map area includes lands which were offered for dedication by private
parties, as a condition of the issuance of coastal development permit (CDP) 6-85-482, to be
included within the proposed Batiquitos Lagoon Enhancement Plan. (Irrevocable Offer to
Dedicate, executed by Batiquitos Bluff, et al., recorded on September 11, 1986, Instrument
86-399391, of the Official Records in the Office of the Recorder, San Diego County). These
lands, as shown and described as Parcels A, B and D in Exhibit D attached, were accepted
by the SLC and are held as sovereign Public Trust lands. Both the Irrevocable Offer to
Dedicate and CDP 6-85-482 provide for the construction of erosion control structures,
subject to approval by the Executive Director of the California Coastal Commission, in
consultation with the Department of Fish and Game.
The Least Tern nesting site and a portion of the diffuser site attached to the desilting
basin are within the lagoon bluffs, as shown and described as Parcels C and E in Exhibit E
attached, which we understand the City has accepted.
The proposed project includes construction of related improvements and
infrastructure to serve the buildout of the master plan property, including a desiltation basin
on the project's west side. The ND indicates that construction of this basin is subject to
review and approval by the SLC.
Eric Munoz w -2- >-» July 19, 1994
The SLC does not hold title to the property upon which the proposed desiltation
basin will be constructed. Therefore, no authorization from the SLC is required. SLC staff
is, however, concerned about potential impacts to Batiquitos Lagoon as a result of drainage
from the proposed basin. From our analysis of the environmental documents for both this
project and the Batiquitos Lagoon Enhancement Plan, it appears that construction of a
sediment basin is a necessary adjunct to protection of the lagoon from increased sediment
runoff.
Thank you for the opportunity to comment. If you have any questions, please contact
Curtis L. Possum, Senior Staff Counsel, Southern California Region, at (916) 445-7738.
Sincerely,
JATpSEKELSKY
Chief, Land Management Division
Enclosure
cc: Louis Taschner, Attorney
1533 South Hill St., Suite D
Oceanside CA 92054
Dolores Welty
Friends of Batiquitos Lagoon
P.O. Box 2736
LeucadiaCA 92024
Bill Hofman
Hofman Planning Associates
2386 Faraday Avenue, Suite 120
Carlsbad CA 92008
Gary Wayne, City of Carlsbad
Bill Ponder, CCC/San Diego
Betty Eubanks
Curtis L. Fossum
Alan Scott
Jane Smith