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HomeMy WebLinkAboutDI 89-05; Kelly Stockpile; Discussion Item (DI) (4)Date: Auqust 29, 1989 Sub j ect : City of Carlsbad/Plannins Commission DI 89-5 The engineering design for Palomar Airport Road resulted in an excess of earthwork estimated at 300,000 cubic yards. The engineering plans did not address the disposal of this excess material and, as a result, the bidding contractors began contacting local land owners for a potential disposal site. A bid delay was requested and rejected by the City because any delays would add additional costs to the project. During the bid review by the proposed contractors, the Kellys were contacted regarding utilizing their property as a disposal site. We met with the City to discuss the possibilities of receivirlg all or part of the excess material. We were encouraged by the City to pursue a stockpile permit which, according to the City, could be supported. Studies were done and grading plans were prepared by a local consulting engineering firm along with an Environmental Assessment and submitted to both the Planning and Engineering Departments of the City, as well as to the Coastal Commission. Final plans were prepared and processed with the City and the Coastal Commission along with an Environmental Assessment. A. conditional negative declaration was granted to the project by the c c Carlsbad Planning Commission August 29, 1989 Page Two City and the Coastal Commission issued a permit. The only condition, was that in the negative declaration it stated that the sole source of dirt was to be the Palomar Airport Road project. This was not a problem at the time, and should it become a problem, the condition allowed for an amendment. The processing of the plans with the City dragged significantly and, as a result, the contractor on the Palomar Airport Road project had to seek alternative places to get rid of the excess dirt. As a result, the available earthwork dropped to 162,000 cubic yards. Plans were amended to reflect this new amount. It was determined that the import quantities justified the engineering and site preparation efforts. Sole source of material, Palomar *Airport Road, was still not a problem. The plans were finally approved, deposits paid, bonds posted and permits issued; however, due to the continued delays only 50,000 cubic yards of material was available. About this time, we were contacted by the City and they suggested that the excess material from the work being done at the Encina Sewer Treatment Plant could be placed on our property. At this time, a request to amend the sole source of material condition was discussed. The City stated it wouldn't be a problem and that they would initiate Carlsbad Planning Commission August 29, 1989 Page Three the amendment to the negative declaration. An alternative source at the time was, and remains, the work associated with the Encina Sewer Treatment Plant Expansion. At a subsequent meeting with the City, it was stated that Staff could not support amending the sole source condition in the negative declaration. Staff stated that the City had erred in approving a grading permit to begin with, and could not continue the error by amending the permit. We do not understand how or where the City erred. We proceeded on their recommendation and met all the conditions placed on us in processing the permit. The only concern we feel Staff may have now is that they didn't originally take our request to the Planning Commission. Their recommendation to us n&w is to take the problem to the Planning Commission for disposition. It is our position that all the work done and effort expended, to date, was done in good faith and at the encouragement of the City Staff. Also, that the issuance of the negative declaration and grading permit along with the placement of some 50,000 cubic yards of material, to date, in conformance with all City and Coastal Commission conditions deserves further consideration. Our only request is that they be able to complete what was originally agreed to with the City.