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Home My WebLink AboutLCPA 91-01A; Evans Point; Local Coastal Program Amendment (LCPA) (2)RCU BY:XEROX TELECOPIER 7010 ; 8-17-93 3:57PM ; 6195508000+ 61943a0a94; 8 z .-- us - = RUG 17 '93 03:55PM GET WIMPEY INC P. 2/3 / I J - GEORGE WIMPEY INC 9171 TOWNE CEluTRE DRIVESCITC 3.55 SAN OlECO CALIFORNIA USA 91122 I237 TELEPHONE 618 550 8000 FACSIMILC b:9 550 0099 August 17, 1993 Michael Wolzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Caflsbad, CA 92009 Re: LCPA gl-OI(A) - Evans Point Dear Mr. Holzmiller, This letter is written to request a continuance of the Planning Commission hearing for the above item which is currently scheduled to be heard on Wednesday, August 18, 1993. Briefly, the reasons for this request are: I) the potential for the current project design to be out of conformance with proposed Policy 3-7 due to a recent wetland delineation; 2) our opposition to this policy based on its inflexibility; and 3) if the language were adopted, the City wifl likely lobby the Coastal staff for changes at a later date, requiring this language to be overturned. These reasons are further explained below. Wetland Delineation A riparian area occurs an site which will be impacted by the required widening of El Camino Real along the project frontage. The residential development within the project has been designed to avoid all riparian impacts a$ identified in the EIR for the project. However, the federal Clean Water Act Section 404 requires that a permit be obtained from the Army Corp of Engineers for the wetland impacts due to El Camino Real widening. This permit requires that a formal wetland delineation be submitted, based on vegetation, soils and hydrology, Recently, we completed this study which designated approximately two acres of wetiands beyond the area mapped by the EIR consultant. The additional wetland area will be impacted by 4 to 6 residential lots. Therefore, although the project was originally designed to avoid wetland impacts, it has just recently been determined that it will now be in conflict with proposed Policy 3-7 which only allows impacts from construction of Circulation Element roads. RCU BY:XEROX TELECOPIER 7010 ; 8-17-93 3:58PM 1 .. '* - ; L RUG 17 '93 83:55PM GET ' WIMPEY INC -- 6195508000+ 4. 4 6194380894; # 3 P. 313 Policv 3-7 Inflexible The wording of Policy 3-7 only allows for impacts to wetlands as a result of the expansion of a Circulation Element road and those impacts from installation of utilities (i.8. sewer, water and electrical). This language does not allow for other types of impacts which are typically even allowed by the US. Army Corp, US. Fish and Wildlife Service, and California Department of Fish and Game, all of whom usually review projects on a case- by-case basis and often allow some impacts if adequate mitigation is proposed, In addition, the policy would not even allow the construction of future Circulation Element roads such as Cannon Road or Kelly Drive. The policy needs more flexibility for case-by- case review with input from those agencies specially charged with wildlife protection. Previous Staff Position Last November, at the Coastal Commission hearing during which Policy 3-7 was adopted, Carlsbad staff spoke against adoption of the proposed policy and in favor of more flexible language, arguing that Policy 3-7 is too restrictive. Furthermore, it is our understanding that if Policy 3-7 is adopted by the Carlsbad Planning Commission at this time, the City staff will recommend changes through the implementing ordinances for the Local Coastal Plan which will be developed in the very near future, Therefore, this policy is one that will be adopted on an interim basis, necessitating later negotiations with Coastal staff. Adoption of the policy at this time is contradictory to the City's previously stated objection. We would hope that the City would maintain a consistent position with the policy and not wait to fight the battle later, For the above reasons, we are requesting a continuance of the Planning Commission decision to allow us to work with the City and Coastal Cornmission staff to reach a compromise that is more flexible, while still providing adequate wetland protection. Thank you for your time and attention to this matter. Should you have any questions, please feet free to contact me at 550-8000 Since re I y , A Vice President cc: Gary Wayne Don Neu