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Home My WebLink AboutSUP 09-06; Tu Casa Revetment; Special Use Permit (SUP) (2)«~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit (*) OMinor 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan ~ Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative I C:11P 01-f}b 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0Amendment 0 Specific Plan 0Amendment 0 Zone Change (*) 0 Zone Code Amendment List other applications not specified 0 0 0 (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULnPLE APPUCA110NS BE FILED, MUST BE SUB .. TTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICAOON BE FILED MUST BE SUBMITIED PRIOR TO 4:00P.M. PROJECT NAME: Tu Casa Revetment Maintenapce Pl~ BRIEF DESCRIPTION OF PROJECT: Repair existing revetment along south of Tu Casa condominum structure OWNER NAME (Print): Tu Casa HOA APPLICANT NAME (Print): Hofman Planninq&Enqineerinq MAILING ADDRESS: 6163 Innovation Way MAILING ADDRESS: 3153 Lionshead Ave CITY, STATE, ZIP: Carlsbad, CA 92009 CITY, STATE, ZIP: Carlsbad CA 92010 TELEPHONE: U60J 7d-o -6 t yl TELEPHONE: 760-692-4100 EMAIL ADDRESSJI~., .5ftLcc.kb~j~.)8(6kiA-~Ilt1" EMAIL ADDRESS: malves®hofmanplanning.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. :D /D(d-(CR T~OF MY KN~E. ~J_ ~·1 SIGNATURE DATE h~Uil-~ P-1 Page 1 of5 Revised 04/09 BRIEFLEGALDESCRIPTION: Lot 1 of CT 72-14 City of Carlsbad, San Diego, California, Map No. 79.7930, filed April 26,1974. LOCATION OF PROJECT: Extreme end of south property of 4747 Marina Drive STREET ADDRESS ON THE: south terminus SIDE OF Madna Ddye (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Park Drive AND Auga Hedionda Lagoon (NAME OF STREET) (NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND ANY SUCCES IN INTEREST. [5..,...__~ FOR CITY USE ONLY P-1 Page2 of5 OAT RECE\VED OC1 2 0 2009 OF CARLSBAD P. CEIVED RECEIVED BY: Revised 04/09 <<~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of lists of Sites Related to Hazardous Wastes RECEIVED (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have con~~a~ 2009 Hazardous Waste and Substances Sites List compiled by the California EnvifQI1Ql.enta~RLSBAD Protection Agency and hereby certify that (check one): CITY Ur GM rLANNING DEPT d The development project and any alternatives proposed in this application are not contained on the '-{ lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. Address of Site: L( '1-':f 3 VV\ck.r '.f\...0--DC i "t.-.Q Local Agency (City and County):_t=o.rr~_\.:...:~=~..l!iZ:O::..:::=:~r-------=S=-...;h~--------- Assessor's book, page, and parcel number:_----:C?:o=-~-3:_._:::-____;\'-SD~=::::;..-.----:::<6~S:""'------- Specify list(s): ___ N~4/~a.......~---------------------- The Hazardous Waste and Substances Sites List (Cortese list) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 04/09 .,. ' City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~NIIIIIIIIIII~ 1111111! IIIII ~Ill~ IIIII II~ II~ Applicant: HOFMAN PLANNING & ENGINEERING Description Amount SUP09006 1,604.00 4747 MARINA DR CBAD \?lClM~\ j Vo-.~1r-.. .~ Receipt Number: R0077278 Transaction ID: R0077278 Transaction Date: 12/01/2009 Pay Type Method Description Amount Payment Check 1028 1,604.00 Transaction Amount: 1,604.00 1. City of Carlsbad Faraday Center Faraday Cashiering 001 0933501-1 12/01/2009 32 Tue, Dec 01, 2009 01:52PM Receipt Ref Nbr: R0933501-1/001B PERMITS -PERMITS Tran Ref Nbr: 093350101 0018 0018 Trans/Rcpt#: R0077278 SET #: SUP09006 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 00001028) Total Received: Have a nice day! 1 @ $1,604.00 $1,604.00 $1,604.00 $1,604.00 $1,604.00 $1 ,604.00 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111~~ 11111111111111~11111 ~ Ill Applicant: HOFMAN PLANNING Description Amount SUP09006 4,001.88 4747 MARINA DR CBAD Receipt Number: R0076713 Transaction ID: R0076713 Transaction Date: 10/20/2009 Pay Type Method Description Amount Payment Check 4,001.88 Transaction Amount: 4,001.88 , City of Carl Faraday Center Faraday Cashiering 001 0929301-3 10/20/2009 11 Tue, Oct 20, 2009 03:47 PM Receipt Ref Nbr: R0929301-3/0017 PERMITS -PERMITS Tran Ref Nbr: 092930103 0017 0018 Trans/Rcpt#: R0076713 SET #: SUP09006 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 00000506) Check (Chk# 00000505) Check (Chk# 00001022) Total Received: Have a nice day! 1 @ $4,001.88 $4,001.88 $4,001.88 $4,001.88 $292.00 $3,588.00 $121.88 $4,001.88 **************CUSTOMER COPY************* ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) f\ECE\VE.D OC1 2 a 2009 Date Filed: ( 0 .... -z.o.._ () q Application Number(s): "'5lA. P (To be completed by City) 09-o6 C\TY OF CARLSBAD pLANN\NG DEPT General Information 1. Nameofproject: ~ C.a.!Xl. rotl'~'t.{'Le.p1.,c of 6hoc! i>CO-\ee.AiO'Y\ 2. Name of developer or project sponsor: _\i__,_(A:::....=...._C"'-'"'.Q~~=~-'-Ito.l.>oo!'-'-~...L._--------- 3. 4. 5. 6. 7. Address: C./o Lt ~ \'Y\a..,nlM¥NY\t.N\-~\\\ e R S;:. City,State,ZipCode: lei :lle Incovo..:han \A.)CMJ 1 (tll(\s.hJc( CA ~~09 PhoneNumber: ------------------------- Name of person to be contacted concerning this project: b-hc..h.eJ\e Address: 3\ 52.. L\ 0() .she.o....d. ~'t"f < City,State,ZipCode: Ca.r\oh.~ 1 GA Phone Number: 3-foD -lo q d.-(.( 0) ':}- Address of Project: t..f <fS'l\ <b VY\a..v:\ (\CA. b-c\ 11'-t Assessor's Parcel Number: d-D ':} -\ '0 0 -Z5 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: C1>? I CLL ) Nw '?;,( U.t>&LG > 4DI Cw+/ Rwo...c_B Existing General Plan Land Use Designation: _:RL.3,..\L~...!__ _____________ _ Existing zoning district: J?..\IV 8. Existing land use(s): --1-(i__.s,e..-\l~~~~.!....:....::=-:.~----------------- 9. Proposed use of site (Project for which this form is filed): y-~.e...,~ Project Description 10. Sitesize: --------------------------- 11. Proposed Building square footage: -------------------- 12: 13. Number of floors of construction: _ ...... n'"""'+l =(A..=------------------ Amount of off-street parking provided: __._n--l...\-\,~<A.~---------------- 2 02/22/06 14. Associated projects: ___.:(\~D~O...~:L:lo...-=-------------------------- 15. If residential, include the number of units and schedule of unit sizes: __JDL+\~a.o...---------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ---tV\~la!.i~ ... .------------------------ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ....LnL(~a.~------ 18. 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ---1Y'\'-+.1\~G4 .. ....------------ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required:O '1....\...\\~0...a_ _____________________ _ -\ Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or D substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public D r1 lands or roads. 22. Change in pattern, scale or character of general area of project. D '&( 23. Significant amounts of solid waste or litter. D ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D rf. 3 02/22/06 ~ No 26. Site on filled land or on slope of 10 percent or more. D 28. Use or disposal of potentially hazardous materials, such as toxic D ~ substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, D ~ sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, D g etc.). 31. Relationship to a larger project or series of projects. D !& Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.}, and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: --=~r=/..?___,_,1 itJf-1"<--'-9---1 I 4 02/22/06 • Environmental Information Form Environmental Setting 32. Tu Casa is a 33-unit condominium complex built in the early 1970's fronting Agua Hedionda Lagoon within the unique zoning district of Residential Waterway. The existing quarry stone revetment was construtcted at about the same time as part of the stabilization for the entrance to Shelter Cove. Over time, the stones in the structure have settled down and moved down slope and have become less effective as shore protection for the condominium structure. The proposed repair is needed to limit property damage, and set a path for future revetment maintenance. The proposed repair will pull the toe up shortening the footprint of the revetment. Approximate 10 tons of rock will be added to the repair the structure. See attached photos. A biological report dated October 2009 prepared by Merkel & Associates outlines all plants and animals within the area of the revetment itself as well as the access point and access route for construction. The proposed project is designed to be in compliance with the provisions of the adopted Habitat Conversation Plan for Natural Communities in the City of Carlsbad. The proposed project will not alter the existing drainage pattern, or degrade long-term water quality of the site. All applicable Best Management Practices for the revetment repair will be followed during construction. As part of the ultimate approval for construction a 401 certification will be required. 33. The Tu Casa condominium complex is bordered to the south by Agua Hedionda Lagoon, Bristol Cove canal to the West, and a mix of open space/residential to the east and north. The beach fronting Bayshore, a residential development of 42 attached town homes is proposed as the access point and staging area for the revetment repair. See attached biological report dated September XX, 2009 prepared by Merkel & Associates for information regarding all plants and animals within the area of the Tu Casa revetment and Bayshore access areas. TU CASA MAINTENANCE/REPAIR OF SHORE PROTECTION PLEASE NOTE: · Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calend~u days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. 1114 {1_· ~' /// .·) Applicant Signature: :../L~( ~.£~/,-£,;£,.{,; //?/ 1 . x( -· ( f . r ( t t . I ~ ~/ ~~ .X:._>o: .( ~' \-· \:/ <[, (, Staff Signature: ~ ' -\., h) Ia'> I o ·7 Date: r 1 RE.CE.\\/E.O • To be stapled with receipt to the application • Copy for file Form 20 «~~ ~ CITY Of DISCLOSURE RECEIVED STATEMENT P-1(A) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov CARLSBAD r ·; 20 2009 PLANNING DEPT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit. • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent} Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part ___________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 2. OWNER (Not the owner's agent} P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part. ___________ _ Title. ___________ _ Title. _____________ _ Address _________ _ Address ____________ __ Page 1 of2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Tu casa HOA Non Profit/Trust.__ ________ _ Title'Oe~r~o V\@Q._tal?..-Title. ___________ _ Address 6126 Innovation Way Carlsbad, CA 92009 Address. ________________________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes ~o If yes, please indicate person(s): ______________________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~ICSL Signature of owner/date Signature of applicant/date !uC I'T'S 14 ~\ D 14-- Pnnt or type name of owner Print or type name of applicant tnear-H ent U P-1(A) Page2 of2 Revised 04/09 Project Name: Tu Coso Revetment Repair & Beach Replishment Zoning/General Plan Designation: Residential Waterway (RW)/High Density (RH) Project Description: The requested Special Use Permit (SUP) is for the repair to the revetment originally built around 1970 located behind the Tu Coso condominium along the Agua Hedionda lagoon. The attached plans show the proposed work and the proposed access route. In order to prevent /minimize down slope movement of the structure and to replace stones lost due to scour about ten tons ( 1 to 2 truck loads) of new "Class A" type stone will be imported. The total volume of stone in the structure is about 1,200 tons. The maintenance represents about 0.7% of the overall structure. The proposed maintenance/repair will reduce the footprint of the structure in the intertidal zone by relocating the stones that have shifted downward. Environmental analysis is required prior to application submittal to any other agencies. Prior to this SUP request, other regulatory agencies have been contacted. A list of these agencies and the permits that will most likely be required for the project are listed below: a. Regional Water Quality Control Board (RWQCB) 401 certification. b. California Department of Fish & Game (CDF&G) may be required dependent on CEQA complaince. c. California Coastal Commission (CCC) Coastal Development Permit (CDP). A CDP for the revetment repair was initialized in 2007 but closed by the CCC on March 25, 2009 for incomplete submittal. That letter is attached. d. US Army Corp of Engineers (USACE) Initial contact with the Corp has indicated that a nationwide permit will be required. APPENDIX A This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision and land use planning approvals and construction permits). The results of the questionnaire determine the level of storm water pollution-prevention standards applied to a proposed development or redevelopment project. Many aspects of project site design are dependent upon the storm water pollution protection standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. A staff determination that the development application is subject to more stringent storm water standards, than initially assessed by the applicant, will result in the return of the development application as incomplete. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Engineering Department Development Services staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Construction Activity Storm Water Standards Questionnaire. To address pollutants that may be generated from new development, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design, which are described in Chapter 2 of the City's Storm Water Standards Manual This questionnaire should be used to categorize new development and significant redevelopment projects as priority or non-priority, to determine what level of storm water standards are required or if the project is exempt. I 1. Is your project a significant redevelopment? Definition: Significant redevelopment is defined as the creation, addition or replacement of at least 5, 000 square feet of impervious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Note: If the Significant Redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Table 3 of 2.3.3.4 applies only to the addition, and not to the entire development. 2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. 3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. RECEIVED oa1 2 o 2oo9 CITY OF CARLSBAD PLANNING DEPT SWMP Rev 6/4/08 • J I SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Home subdivision of 100 units or more. X Includes SFD, MFD, Condominium and Apartments 2. Residential development of 10 units or more. x Includes SFD, MFD, Condominium and Apartments 3. Commercial and industrial development greater than 100,000 square feet including parking areas. X Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, Hotels, Recreational Facilities, Shopping Malls, etc. 4. Heaw Industrial I lndustrv greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) X SIC codes 5013, 5014, 5541,7532-7534, and 7536-7539 5. Automotive repair shop. _)( SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 6. A New Restaurant where the land area of development is 5,000 square feet or more including parking . areas. X SIC code 5812 7. Hillside development )( (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any natural slope that is 25% or greater 8. Environmentally Sensitive Area fESAI. b~~·n ..... ~ "~ ""'S"-c..eNT1 'BI.( T 'P~\J lO \..\.~ X Impervious surface of 2,500 square feet or more located within, "directly adjacent"2 to (within 200 feet), or "discharninQ directly to"3 receiving water within the ESA 1 9. Parking lot. X Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff 10. Retail Gasoline Outlets -serving more than 100 vehicles ~r da'l. 'X Serving more than 100 vehicles per day and greater than 5,000 square feet 11. Streets. roads, driveways. highwa'f.S. and freewa'f.S. . Project would create a new paved surface that is 5,000 square feet or greater. X 12. Coastal Development Zone. Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable I)( surface or (2) increases impermeable surface on orooertv bv more than 10%. 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 Cit}' of Carlsbad IQijilllllll~i•A§.t;ijii•l§lil February 21, 2007 GeoSoils, Inc. David W. Skelly SuiteD 57 41 Palmer Way Carlsbad, CA 92008 SUBJECT: TU CASA MAINTENANCE/REPAIR OF SHORE PROTECTION The Planning Department has reviewed the proposed work for the above-referenced project. It appears that the proposed work will require the approval of a Floodplain Special Use Permit (Floodplain SUP} from the City. The City's Floodplain Management Regulations are available on-line through the City's website at www.CarlsbadCA.gov for your use. A submittal checklist for the SUP application and other u5eful information is available from the City's Planning Information staff at 1635 Faraday Avenue. In addition to the City permit, staff believes the work will probably require a Coastal Development Permit (COP}. However, since any COP would have to be issued by the California Coastal Commission, we suggest you consult with Coastal Commission staff directly regarding the question .of whether a permit is required or an exemption is possible. Sincerely, ~ ELAINE BLACKBURN, AICP Senior Planner EB:bd c: Chris De Cerbo, Team Leader File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ STATE OF CAUFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIE~O, CA . 92108-4421 ~lo;;ed :· (619) 767-2370 Geosoils Inc. David Skelly 5741 Palmer Way Carlsbad, Ca 92010 July 10,2007 Re:. Coastal Development Permit Application #6-07-069 D.ear Mr. Skelly: Commissio~ staff has reviewed the above cited permit application for revetment maintenance and improvement at Tu Casa condominium complex, and determined that ·•· additional information is necessary in order to properly review -~s application and schedule it for public hearing. Please review the following items and submit the requested information at your earliest convenience: · 1. Any discretionary permits issued by the City of Carlsbad 2. Documentation of an alternatives analysjs-for:the design of the improved revetment, taking into consideration public access and the nece_s~acy amounts of imported rock. . . . . 3. A1> discussed in the meeting on 7/lO.the revetment has been previously improved, please submit any documentation regarding this activity. Further, the maintenance was done without a coastal deveiopnl:~nt permit; therefore, please include the after-the-fact approval of this previoUs maintenance as a component of this project. . 4. Please discuss the possibility and/or issues with using only the rock from the existing revetment as opposed to importing additional rock. 5. Documentation of the current need for revetment improvement/maintenance Please do not limit your submittal to the above mentioned items. You may submit any information which you feel may help Commission staff gain a clear understanding of the scope of your project. When all required information is received, reviewed by staff and folind to be adequate to analyze the project, your application will be filed and scheduled on the next available· Commission agenda. . ;: .. ;··. . . '·,. cc: Jim Strickland .shore@ Agua Hedion. Homeowners Association September 2, 2009 Jim Strickland Tu Casa Homeowners Association Dear Jim, Thank you for attending our board meeting and infonning us of your revetment maintenance project plans. At your request and on behalf of our Board of Directors I am sending you this letter. It is our understanding that you will be working with the city and other agencies to gain approvals for beach access using the public path at the end of Bayshore Dr. It is also our understanding that you wish to move equipment and materials along our lagoon beach front. Furthennore, we understand that the project includes using some of our property for the revetment itself. To the extent that you need our approval to cross our property to gain access to your property, we are willing to provide such approval with certain conditions. Prior to our final approval we will need full disclosure related to the equipment being used and the timing of the project We will need assurances that all approvals have been secured by Tu Casa HOA for the work and the route of access. We will need to be indemnified against any loss, damage, injury, liability and future maintenance requirements. Relative to using some of our property for the revetment itself, the Board of Directors is supportive assuming we do not create any ongoing issues for ourselves. We will need to determine what homeowner approvals will be required however. Given the above mentioned issues~ it would be prudent for us to consult with our attorney to assure Bayshore @Agua Hedionda HOA works ·with you to secure all necessary protections and indemnifications. We also need to get guidance on homeowner communications and approvals as well as any issues we have not considered. We trust you will be willing to cover this minor expense. Please consider this a conditional approval to help you with your various permits .• look forward to working with you. arles Hearn HOA Treasurer To: 0 Office of Planning and Research P .0. Box 3044 From: CITY OF CARLS~ Of CARLSBAD Planning Department Sacramento, CA 95812-3044 1635 Faraday Avenue Carlsbad, CA 92008 MAR 2 3 1010 (760) 602-4600 SD County Clerk Attn: Linda Kesina Mail Stop A-33 Community & Economic DeYe6opment Department 1600 Pacific Highway San Diego, CA 921 01 Project No: SUP 09-06 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. TU CASA REVETMENT Project Title n/a State Clearinghouse No. City of Carlsbad, Van Lynch Lead Agency, Contact Person 4747 Marina Drive, Carlsbad, San Diego County CA Project Locations (include County) Name of Applicant: Tu Casa Homeowners Association Applicant's Address: 6163 Innovation Way, Carlsbad CA 92009 Applicant's Telephone Number: (760) 720-6181 (760) 602-4613 Telephone Number Project Description: A Floodplain Special Use Permit to perform maintenance on the rock revetment which protects the Tu Casa HOA property from tidal and small wave action of the Agua Hedionda Lagoon. The property is located on the southerly terminus of Marina Drive, on the north shore of the Agua Hedionda Lagoon. This is to advise that the City of Carlsbad has approved the above described project on February 3, 2010, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations were not adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Mitigated Negative Declaration with comments and responses record of roject approval is available to the General Public at THE CITY OF CARLSBAD. DON NEU, Planning Director Date received for filing at OPR: 2- FEB 11 2010 BY L" KP~~.· .. ·}'f"< _;;; -t<&"'~·<.At;:J ;.! DEPUTY:· .. Revised December 2004 CASE NAME: CASE NO: e Cit of MITIGATED NEGATIVE DECLARATION Tu Casa Revetment SUP 09-06 PROJECT LOCATION: 4747 Marina Drive, Carlsbad, San Diego County. PROJECT DESCRIPTION: The project involves maintenance work to repair existing shoreline armoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replace the rock on a steepened shore face. On average, the work would change the rock slope from an approximately 2.8:1 slope to a slightly steeper 2-2.5:1 slope through moving the toe of the existing armoring back towards the shore face. Some of the rock will be reused, while some of the material will be upsized to larger revetment stone to prevent further vertical movement of rock. The work would also include the importation and placement of not more that 25 cubic yards of quarried armor stone. The area of work totals approximately 0.12 acre and site access will be from an existing shoreline access point on Bayshore Drive. The revetment is on the southerly side of the Tu Casa Condominium which faces onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent further erosion. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: February 3, 2010, pursuant to Planning Commission Resolution Number 6664 DONNEU Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} • • Cit CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Tu Casa Revetment SUP 09-06 4747 Marina Drive, Carlsbad, San Diego County. f?D/1@@ David Butler, Recorder/County Clerk DEC 2 4 2009 av L. Kesian DEPUTY PROJECT DESCRIPTION: The project involves maintenance work to repair existing shoreline- armoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replace the rock on a steepened shoreface. On average, the work would change the rock slope from an approximately 2.8:1 slope to a slightly steeper 2-2.5:1 slope through moving the toe of the existing armoring back towards the shoreface. Some of the rock will be reused, while some of the material will be upsized to larger revetment stone to prevent further vertical movement of rock. The work would also include the importation and placement of not more that 25 cubic yards of quarried armor stone. The area of work totals approximately 0.12 acre and site access will be from an existing shoreline access point on Bayshore Drive. The revetment is on the southerly side of the Tu Casa Condominium which faces onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent erosion. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance ofthe City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but ( 1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project '1as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mi~igated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613 or van.lynch@carlsbadca.gov. ' · ·:r~f.:!Lf· n_ r:· f\1E r'OUNTY CLE-:Ri-;. Otr 2 4 !~O~ . . . . . ' ;· :\· c,r~ ·-· ... "· --·-~ ....... --.... --.-. .,-. .._ ..... :~ ___ ,...,., ... .......,., __ ... _ PUBLIC REVIEW PERIOD December 23, 2009-January 22, 2009 "IFf 2 · 20QG PUBLISH DATE December 23,2009 . · ··. ·~ ·• ' -4 ... '"· .... :~,.;;mover! ·-¥~a::t,L.l.o .. ·< ,:,,!, · \ja,./to L. Kesian :. · ~--~-.. -~~".-~ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ .· ·' • David L. Butler • COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 219767320100211 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 11-Feb-2010 14:47 FEES: 2,010.25 Qty of 1 Fish & Game Neg Dec (1800) for Ref# NOD: 100039 50.00 Qty of 1 Fee Notice of Exemption for Ref# RCT: 126 2,060.25 TOTAL DUE PAYMENTS: 2,060.25 Check ------ 2,060.25 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (F AQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs)· * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents ~~.,~ ... · .. ~tate of c:;ifornia-The Resources A. DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT • RECEIPT# .. SD2010 *0126* STATE CLEARING HOUSE# (If applicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY r:· -,. :.-~·-:-;: -~~-::;-!:'~:: -~:--:·:-:1 LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITLE TU CASA REVETMENT PROJECT APPLICANT NAME TU CASA HOMEOWNERS ASSOCIATION PROJECT APPLICANT ADDRESS 61631NNOVATION WAY PROJECT APPLICANT (Check appropriate box): CITY CARLSBAD I .. , I ! t• l ,, .. ., t::r:o 1 n ?nm ....... ..L V looW IV -~ ~ ''. ' . ,.J ' ' ~ e ' . : ! ~ ,.,,,.I' STATE CA 0 Local Public Agency 0 School District 0 Other Special District 0 State Agency CHECK APPLICABLE FEES: 0 Environmental Impact Report 1ZJ Negative Declaration 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 1ZJ County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other----------~-------- PAYMENT METHOD: 0 Cash 0 Credit IZJ Check 0 Other_6_1_8 ___ _ SIGNATURE X $2,792.25 $2,010.25 $850.00 $949.50 $50.00 TOTAL RECEIVED TITLE Deputy $ $ $ $ $ DATE 02-11-2010 DOCUMENT NUMBER 100039 PHONE NUMBER 760-720-6181 ZIP CODE 92009 1ZJ Private Entity $2,010.25 $50.00 $ ______ _ $ $2,060.25 ------- 111111111111111111111111111111 ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY· LEAD AGENCY COPY· COUNTY CLERK FG 753.5a (Rev. 7/08) State ~; California-The Resource.ncy DEPARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITLE TU CASA REVETMENT PROJECT APPLICANT NAME TU CASA HOMEOWNERS ASSOCIATION PROJECT APPLICANT ADDRESS 61631NNOVATION WAY PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency (J School District CHECK APPLICABLE FEES: (J Environmental Impact Report 1Z1 Negative Declaration CITY CARLSBAD 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only} 0 Projects Subject to Certified Regulatory Programs IZI County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other---------~-------- PAYMENT METHOD: • RECEIPT# SD2010 *0126* STATE CLEARING HOUSE #(llapplicable) STATE CA 0 State Agency $2,792.25 $2,010.25 $850.00 $949.50 $50.00 $ $ $ $ $ DATE 02-11-2010 DOCUMENT NUMBER 100039 PHONE NUMBER 760-720-6181 ZIP CODE 92009 IZI Private Entity $2,010.25 $50.00 $ ______ _ 0 Cash 0 Credit 1Z1 Check 0 Other_6_1_8 ___ _ TOTAL RECEIVED $ $2,060.25. ------- SIGNATURE L. Kes\an lllllllllllt 111111~1111111111 ORIGINAL· PROJECT APPLICANT COPY. DFGIASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) • Cit of February 4, 2010 Hofman Planning & Engineering 3152 Lionshead Ave. Carlsbad, CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: SUP 09-06 -TU CASA REVETMENT • FILE COPY cY· 4·!0 At the Planning Commission meeting of February 3, 2010, your application was considered. The Commission voted 7-0-0 to ADOPT/APPROVE your request as amended. The decision of the Planning Commission will become final on February 13, 2010. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, . Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. DON NEU Planning Director DN:VL:It cc: Data Entry File Enclosed: Planning Commission Resolution No. 6664, 6665 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ This spacE PROOF OF PUBLICATION , ., I (2010 & 2011 C.C. JY OF CARlSBAD\ JAN 27 2010 STATE OF CAUFORNIA "I~'", -:~ rv:,:vT~J'~NTI t·'-t....:"~:\:.'l;·,f~"'-"1 ~._, ;'\; ol "1'-l 1 County of San Diego • I ~m a citizen 0f the: United States and a resident of the Cc•:.mty aforesaid:, I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly ~r;own as the Blade-Citizen and The Times- AdvoG·~c and which newspapers have been e~djudicated newspapers of general circulation by the Superior Court c•r the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 22"d, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ESCONDIDO, California This 22nct day of January 2010 Texanne Schaden NORTH COUNTY TIMES Legal Advertising PLANNING COMMISSION PUBLIC HEARING TICE IS HEREBY GIV- EN to you, because your interest may be affected, that the Planning Commission of the C1ty of Carlsbad will hold a public hearing at the Coun-cil Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p,m, on Wednesday, February 3, 2010, to consider the followmg: ll SUP 09-06-TU CASA REVET- MENT -Request for approval of a Floodplain Special Use Permit to pertorm maintenance on a wave and tide rock revetment along the north shore of the Agua Hedionda Lagoon for the Tu Casa Homeowners Asso- ciation on property located a\4747 Marina Drive, in the Agua Hed1onda Lagoon Segment of the Local Co,ast-al Program and in Local Fac11111es Management Zone 1 , The Planning Director has deter- mined that the project will not result in potentially significant impacts and has issued a Not1ce of Intent to adopt a Mitigated Negative Declaration, '· '· ',, ,..,· \, ~-J/A .. ,}j DP 05·33x1(A) : POINSE GE -Request for the approv astal Development P ndment to allow for the rev1 eviously approved floor lions and plotting pia~ r 16 sin -family detached res1 n\lal dw ng units on previous! ubdi- vide lots generally locate n the soul ast corner of Song d Ave- nue d Black Rail Road h1n the s Filing Stamp on of Mello Segment of the Lo Coast- al Pr am and Local Fa ty Man- agem Zone 20. analyzed the ded that no pot nificant i acts would re impleme ation of the were not reviously ex evaluated y the previa Negativ Declaratl Yamamot ubdivision. If you challen court, you may only those issu else raised at th scribed in this correspondence of Carlsbad at hearing, ese projects in imited to raising ou or someone ublic hearing de- lice or in written livered to the City rior to the public ~~ aF I'I.AN.t141 ... ~~~~ STATE OF CALIFORNIA ~ * "" I ~ GOVERNOR'S OFFICE of PLANNING AND REsEARCH _____ "·~~} STATECLEARINGHOUSEANDPLANNING UNIT -.1 SB~D OFCALI~ BRYANT .ARNOLD SCHWARZENEGGER GovERNOR F~:J r· ') 2010 DIREcroR January 26,2010 Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Tu Casa Revetment-SUP 09-06 SCH#: 2009121073 Dear Van Lynch: , '"F~.J·\Tl ' l L __ _ The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on January 25, 2010, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements . for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. ~~ ~=g-a: ~ Acting Director, State Clearinghouse 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov SCH# Project Title Lead Agency 2009121073 Document Details Report State Clearinghouse Data Bae Tu Casa Revetment-SUP 09-06 Carlsbad, City of Type Neg Negative Declaration Description Maintenance work to repair existing shoreline armoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replace the rock on a steepened shoreface. On average, the work would change the rock slope from an approximately 2:8:1 slope to a slightly steeper 2-2.5:1 slope through moving the toe of any existing armoring back towards the shoreface. The maintenance proposed is generally considered preventive revetment maintenance since no segment within the work area has so completely failed as to require shoreline reconstruction beyond rock removals from the lower intertidal areas and replacement of large rock on the upper shoreline. Some of the rock will be reused, while some of the material will be upsized to larger revetment stone to prevent further vertical movement of rock. The work would also include the import and placement of not more that 25 cubic yards of quarried armor stone. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad (760) 602-4613 Planning Department 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County City Region Lat/Long Cross Streets Parcel No. Township Proximity to: San Diego Carlsbad 33° 08' 36.15" N /117° 19' 22.5" W Marina Drive and Park Drive 20 7-150-85-00 Range Section Base Highways 1-5 Airports N/A Railways Waterways Schools Land Use Project Issues Reviewing Agencies NCTD Carlsbad Unified School District(Magnolia, Kelly, Jefferson, Residential multi-family housing (condonminium)/Residential Waterway (R-W)/Residential High Density (15 to 23 dulac) Vegetation; Water Quality Resources Agency; California Coastal Commission; Department of Fish and Game, Region 5; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission; State Lands Commission Date Received 12/24/2009 Start of Review 12/24/2009 End of Review 01/25/201 0 Note: Blanks in data fields result from insufficient information provided by lead agency. e FILE COPY 1·19·/0 e City of Carlsbad •:ae''''''''·'•*i~t•••··''''' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, February 3, 2010, to consider a request for the following: CASE NAME: PUBLISH DATE: SUP 09-06 -Tu Casa Revetment January 22, 2010 DESCRIPTION: Request for approval of a Floodplain Special Use Permit to perform maintenance on a wave and tide rock revetment along the north shore of the Agua Hedionda Lagoon for the Tu Casa Homeowners Association on property located at 4747 Marina Drive, in the Agua Hedionda Lagoon Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Van Lynch in the Planning Department at (760) 602-4613, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (1 0) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) Agua Hedionda Lagoon • N NOT TO SCALE Tu Casa Revetment SUP 09-06 ,_ .... City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIIII ~m I IIIII ~II~ 111111111111~ 111111111 1111 Applicant: HOFMAN PLANNING & ENGINEERING Description Amount SUP09006 124.52 4747 MARINA DR CBAD Receipt Number: R0077779 Transaction ID: R0077779 Transaction Date: 01/14/2010 Pay Type Method Description Amount Payment Credit Crd VISA 124.52 Transaction Amount: 124.52 •·· -... City of Carlsbad Faraday Center Faraday Cashiering 001 1001401-2 01/14/2010 96 Thu, Jan 14, 2010 09:36 AM Receipt Ref Nbr: R1001401-2/0005 PERMITS -PERMITS Tran Ref Nbr: 100140102 0005 0005 Trans/Rcpt#: R0077779 SET #: SUP09006 Amount: Item Subtota 1 : Item Tot a 1 : 1 @ $124.52 $124.52 $124.52 ITEM(S) TOTAL: $124.52 Credit Card (Auth# 009363) $124.52 Total Received: $124.52 Have a nice day! **************CUSTOMER COPY************* Notice ofC Document Transmittal CA 95812-(916) 445-0613 Project Title: Tu Casa Revetment-SUP 09-06 Lead Agency: CITY OF CARLSBAD Contact Person: -'-V-"'an'-'--"'L'-'-yn,_,c"'h'----------- Street Address: 1635 FARADAY A VENUE Phone: (760) 602-4613City: CARLSBAD Zip: 92008 van.lynch@carlsbadca. gov PROJECT LOCATION~ SCH #2a:Jtl-12/07J County: SAN DIEGO COUNTY or County: San Diego City/Nearest Community: --'C""a,_r_,ls"'"ba,d,__ ___________________________ _ Cross Streets: Marina Drive and Park Drive Total Acres: .99 Zip Code: 92008 Lat. I Long. : 33°08'36.15" N/ 111°.12'22.5" W Assessor's Parcel No. 207-150-85-00 Within 2 Miles: State Hwy #: _u Waterways: __,P'-'a"'c~ifi.!_!,Ic~O~c~e~an"--""an,_,d.,_A'--'Ogu,.,a.,_H'"'""'ed...,i""'on,_,d.,a,_,L,a!:g"'-oo>!!n"------------------- Airports: N/ A Railways: NCTD Schools: __,C""ar~ls~ba~dLU"'-'-"ni"'fi"'ed,__,S_,ch,.,o"-'o'-'-1-""D'""is""tr'""ic...,t...l.(M..,_...,a'=gn,_,o""'l"'ia......,K"'el..,_ly,.,,_,_J""effi'""e"'r""'so""'n...._, .2V_,a,...ll""'ey):...>!!an.!_!,d'-'C""a"'"r""'ls'-'<b,.,ad.,_HU-".SL) __ _ DOCUMENT TYPE: CEQA: D NOP D Supplement/Subsequent NEPA: D NOI OTHER: D Joint Document D Early Cons D EIR (Prior SCH No.) D EA D Final Document [gl Neg Dec D Other: D Draft EIS D Other: D Draft EIR D FONSI LOCAL ACTION TYPE: D General Plan Update D Specific Plan D Rezone D Annexation D General Plan Amendment D Master Plan D Prezone D Redevelopment D General Plan Element D Planned Unit Development D Use Permit D Coastal Permit D Community Plan D Site Plan D Land Division (Subdivision, [gl Other: Flood Plain Snecial Parcel Map, Tract Map, etc.) Use Permit DEVELOPMENT TYPE: D Residential: Units Acres D Water Facilities: Type_ MGD D Office: Sq. Ft._ Acres Employees_ D Transportation: Type D Commercial: Sq. Ft._ Acres Employees_ D Mining: Mineral D Industrial: Sq. Ft._ Acres Employees_ D Power: Type Watts D Educational: D Waste Treatment: Type D Recreational: D Hazardous Water: Type [gl Other: Revetment maintenance PROJECT ISSUES DISCUSSED IN DOCUMENT: D AestheticN isual D Flood Plain/Flooding D Schools/Universities ~ Water Quality D Agricultural Land D Forest Land/Fire Hazard D Septic Systems D H20 Supply/Ground H20 D Air Quality D Geological/Seismic D Sewer Capacity D Wetland/Riparian D Archaeological/Historical D Minerals D Soil Erosion/Compaction/Grading D Wildlife D Coastal Zone D Noise D Solid Waste D Growth Inducing D Drainage/ Absorption D Population!Hsg. Balance D Toxic/Hazardous D Land Use D Economic/Jobs D Public Services/Facilities D Traffic/Circulation D Cumulative Effect 0 Fiscal 0 Recreation/Parks [gl Vegetation 0 Other: Present Land Use/Zoning/General Plan Use Residential multi-family housing (condominium) !Residential Waterway (R-W)/ Residential High Density (15 to 23 dulac) Project Description: Maintenance work to repair existing shoreline arrnoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replace the rock on a steepened shoreface. On average, the work would change the rock slope from an approximately 2.8: I slope to a slightly steeper 2-2.5: I slope through moving the toe of the existing armoring back towards the shoreface. The maintenance proposed is generally considered preventive revetment maintenance since no segment within the work area has so completely failed as to require shoreline reconstruction beyond rock removals from the lower intertidal areas and replacement of large rock on the upper shoreline. Some of the rock will be reused, while some ofthe material will be upsized to larger revetment stone to prevent further vertical movement of rock. The work would also include the import and placement of not more that 25 cubic yards of quarried armor stone. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. January 2008 .o~ ----------------------------------------------------- ~lt~e~v~i~ew~in=-g~A~g~en~c~i~e~s~C~h~e~ckl~i~st~-~~~~------------------~F~o~r~m~A~,~co~n~t~in~u~~~r-KE--Y ______________________ ~ Resources Agency __ Boating & Waterways __ Coastal Commission __ Coastal Conservancy __ Colorado River Board __ Conservation, Dept. of __ Fish & Game __ Forestry & Fire Protection __ Office of Historic Preservation __ Parks & Recreation __ Reclamation Board __ S.F. Bay Conservation & Development Commission __ Water Resources (DWR) Business, Transportation & Housing __ Aeronautics __ California Highway Patrol __ CAL TRANS District# ____ _ __ Department of Transportation Planning (headquarters) __ Housing & Community Development __ Food & Agriculture Health & Welfare __ Health Services __________ _ State & Consumer Services __ General Services __ OLA (Schools) Public Review Period (to be filled in by lead agency) Starting Date: December 23, 2009 Signature c.J~~ jl Lead Agency (Complete if applicable): Consulting Firm: _______________ _ Address: __________________ _ City/State/Zip: ---------------- Contact: __________________ _ Phone: L_j _______________ _ Applicant: _______________ _ Address: _____________________ _ City/State/Zip: ______________ _ Phone: L_j ______________ _ S = Document sent by lead agency X = Document sent by SCH 0s= Suggested distribution Environmental Protection Agency ____ Air Resources Board ___ California Waste Management Board ___ SWRCB: Clean Water Grants ___ SWRCB: Delta Unit ____ SWRCB: Water Quality ___ SWRCB: Water Rights ___ Regional WQCB # __ _ Youth & Adult Corrections ___ Corrections Independent Commissions & Offices _ __ Energy Commission ___ Native American Heritage Commission ____ Public Utilities Commission _____ Santa Monica Mountains Conservancy _____ State Lands Commission _____ Tahoe Regional Planning Agency ___ Other ______ -,-______ _ Ending Date: January 22, 2009 Date tkjt 7/ 2-c:> 0 9 For SCH Use Only: Date Received at SCH Date Review Starts: Date to Agencies Date to SCH Clearance Date Notes: City of Carlsbad l#lJfluehb~I•J§.J§ijllel§eJI CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Tu Casa Revetment SUP 09-06 4747 Marina Drive, Carlsbad, San Diego County. f? a f1 rn: ® David Butler, Recorder/County Clerk BY DEC 2 4 2009 L. Kesian DEPUTY PROJECT DESCRIPTION: The project involves maintenance work to repair existing shoreline- armoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replace the rock on a steepened shoreface. On average, the work would change the rock slope from an approximately 2.8:1 slope to a slightly steeper 2-2.5:1 slope through moving the toe of the existing armoring back towards the shoreface. Some of th~ rock will be reused, while some of the material will be upsized to larger revetment stone to prevent further vertical movement of rock. The work would also include the importation and placement of not more that 25 cubic yards of quarried armor stone. The area of work totals approximately 0.12 acre and site access will be from an existing shoreline access point on Bayshore Drive. The revetment is on the southerly side of the Tu Casa Condominium which faces onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent erosion. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the. effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the eqvironment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mi~igated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613 or van.lynch@carlsbadca.gov. . liJ:U :i'i iHf·: OFFICE OF 'hHE.CQUNTY r.! !=R . ... . DEC ,::.·4 ZUU!f •• ~-... ., "''' U1qo \:uunty on ____ ...:..:..__ ' ·~ PUBLIC REVIEW PERJOD December 23, 2009-January 22, 2009 DEC 2 4 2nnn PUBLISH DATE December 23, 2009 'osreo ··· · --· .. !J.8lil... .. _.Removed ··-----~ ···?(~turnen to ar,Jency on"'-·~-.--·-~~....,_..,,,.,~.·~-"'.~,__,. ... "-~""" lf::\\ili\1 L viii"'.si~n -., ... ~ II.Q' ,, ....... ~"·~·--~···~·-~ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) • Complete items 1 1 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 921 08-4402 D. Is delivery address If YES, enter delivery address below: 3.~ceType ~Mall D Express Mall 0 Registered ~etum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Cl Yes 2. Article Number (rransfer from service label) 7009 1410 0002 1973 3881 PS Form 3811 I February 2004 7575 Metropolitan Drive San Diego, CA 921 08-4402 NOTICE OF. PUBLI.c H~ARI:A S~ DIEGO COUNTY CLERK oae BOARD OF~~~~nAl\mJ Mall to: Pubhc Notice Hea .. s, Matlstop A-45, Room 402, 1600 Pacific H-ay, San Diego, CA ~~~ Response must be received by: 02/02/20 I 0 Public Hearing Date: ----:-::-:-70~2~/0~3::/~20:_:1~07=-:::=-::~==--=-=-=-=--=--=-=:-:-:--:::---------------------Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA, 92008 Public Hearing Time: ---""6!-":0'""0~.m!!.!.:... _________________________________ _ Project Title: TU CASA REVETMENT REP AIR-SUP 09-06 Lead Agency: CITY OF CARLSBAD-PLANNING Contact Person: __ V~an!!....!=L~vn~c~h!__ __________ _ Street Address: 1635 FARADAY A VENUE Phone: .1..;(7~6~0L) 6~0~2~-4~6~1~3 ----------------- City: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY .PROJE·c:r·"L·ocA:TioN~··············································································································································································································· .......................................................................................... . County: SAN DIEGO COUNTY City/Nearest Community: ~C~IT~Y~O~F...::C:::!.AR=L""S~B~AD~-------------- Cross Streets: Park Drive and Marina Drive Total Acres: --::-..!1"-'.0"-"2"------------------ Assessor's Parcel No. 207-150-85-00 Section:_ Twp. _ Range:_ Base: Agua Hedionda Spanish Land Grant Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean/Agua Hedionda Lagoon Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Carlsbad elementary, junior and high schools .Ei~viiioNi\1"ENTAL .. rioci1ME·N·T";································································································································································································· .. ······································································ CEQA: 0 NOP 0 Supplement/Subsequent 0 Early Cons 0 EIR (Prior SCH No.)-------------- ~ Neg Dec 0 Other:------------------ 0 Draft EIR LOCAL ACTION TYPE: 0General Plan Update 0 0General Plan Amendment 0 0General Plan Element 0 Ozone Code Amendment 0 Permit DEVELOPMENT TYPE: Specific Plan Master Plan Planned Unit Development Site Plan ~Residential: Units -~n/~aL-------- Ooffice: Sq. Ft.---------- Ocommercial: Sq. Ft.---------- Orndustrial: Sq. Ft.---------- 0Recreational: PROJECT ISSUES DISCUSSED IN DOCUMENT: 0AestheticNisual 181 Flood Plain/Flooding 0Agricultural Land D Forest Land/Fire Hazard OAirQuality D Geological/Seismic 0Archaeologicai!Historical D Minerals 181Coastal Zone D Noise 0Drainage/ Absorption D Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use 0 Rezone 0 UsePermit 0 Land Division (Subdivision, Parcel Map, Tract Map, etc.) D D D 181 D D D 181 Acres n/a Acres------ Acres------ Acres------ Schools/Universities Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Solid Waste Toxic/Hazardous Traffic/Circulation Vegetation Multi-family residential/ Residential Waterway (R-W)/Residential High Density (RH) Project Description: 0 Annexation 0 Redevelopment 0 Coastal Permit ~ Other: Flood Plain Special Use 181 Water Quality D Water Supply/Ground Water D Wetland/Riparian D Wildlife D Growth Inducing D Land Use D Cumulative Effect D Other: Request for approval of a Floodplain Special Use Permit to perform maintenance of a revetment for the Tu Casa Homeowners Association on property located at 4747 Marina Drive, on the north shore of the Agua Hedionda Lagoon in the Agua Hedionda Lagoon Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Where documents are located for Public Review: Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 August 2006 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: December 23rd, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ESCONDIDO, California This 23rd Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of .. ......,. ...... .... ~· PROJE'CfLOCATION: ~-gg~ PROJECT DESCRIPTION: The project involves main-tenance work to repair existing shoreline armoring (rock revetment) by removal of rocl< that has migrateCI verti-cally down the shore sloP.e into the Agua Hedionda Lagoon and replace the rock on a steepened shoreface. 1 Ori average, the work would chanqe the rock slope from i an approximately 2.8:1 slope to a s~~htly steeper 2-2.5:1 1 g~g~ tb~~~~ t!r~~~§r~~:c!~ s>~n\ee oT~~n&~~~,rig~ reused~hile some of the material will be upsized to larg-~ er revelment stone to prevent further vertical movement of rock. The work would also include the importation and placement of not more that 25 cubic yards of quarried armor stone. The area of work totals approximatety 0.12 1 • acre and site access will be from an existing shoreline access point on Bayshore Drive. The revetment is on the · southerly side of the Tu Casa Condominium which faces 1 onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent. eros1on. PROPOSED DETERMINATION: The Citv of Carlsbad has conducted an environmental review of the above de-scribed project P.Ursuant to the Guidelines for Implemen-tation ofthe California .Environmental Quality Act ICEQA) , and the Environmental Protection Ordinance of the City of Ca~sbad. As a resu~ of said review, the initial studY (EIA Part 2) identified potentiallY significant effects on the . environment, but (1) revisions in the plans orpro- 1 posals made byj or agreed t<i by, the nt befdre the proposed nega· ive declaration and studv are re-leased for public review would avo1 the elfects or I mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole nicord be-fore the Citv that the projecl 'as revised' may have a significant effect on the environment. Therefore, a Mlti- 1 gated Negative Declaration will be recommended for adoption l:iy the City of Carlsbad Planning Commission. A copy ofthe in~ial study EIA Part 2) documenlinJI rea-sons fo supP.flrt the pro itigated Negative Decla-ration is on file in the I Departmenr, 1635 Fara-day Avenue Carlsbad, nia 92008. Comments. from the_public are inv~ . ursuantt n 15204 of the CEOA Guidelines, in reviewi Negative Declarations, persons and public hould locus o proposed finding that the not have a ant effect on ttie environment. If persons and cies believe that the pr~·ect may have a sig-they should: ( 1 l iden the specHic effecl· , ( exp am Why ttie11 believe the e would occur· and ( ) explain why fhey believe the affect would be siPanificant. Please submit comments in writing to the ~o~i~~.ng Department within 30 days of the date of this The proposed project and M Negative Declara-tion are subject to review an vaVadoption by the CiiY. of Carlsbad Planning Co and C~ Council. Adllitional .pub He notices will be when thOse I!Ublic hearing!> are scheduled. If l/!!U have any ~e,Stions ' P.lease call Van Lynch in the Plannilj. Department ai -~7-~)~-481301'\IM.Iynati·-···-P.· Pl!JBLtQ REVIEW f"ERIOD ~~: I pr~LISH iTE: o.c.mtler~41996 . .c-.~~--~·--~~""--...... ·---,.~---·----- I • • ~E~~ 11·1"5·0Cf City of Carlsbad IQFhhiih.;M•J§.ijijil.t§.IM EARLY PUBLIC NOTICE PROJECT NAME: Tu Casa Revetment PROJECT NUMBER: SUP 09-06 This early public notice is to let you know that a development application for a Special Use Permit project within your neighborhood has been submitted to the City of Carlsbad on October 20, 2009. The project application is undergoing its initial review by the City. LOCATION: 4747 Marina Drive, Carlsbad. PROJECT DESCRIPTION: Maintenance of the rock revetment along the southerly side of the Tu Casa Association property which fronts onto Agua Hedionda Lagoon. The rock revetment will be maintained such that rock that has fallen away from the revetment will be pulled back onto the revetment and an additional 25 cubic yards of rock will be added to maintain a 2-2.5:1 slope to further protect the underlying slope from wave and tidal action. Construction access to the site will be from Bayshore Drive. A Coastal Development Permit will be secured from the California Coastal Commission as the City does not have permit authority within the Agua Hedionda Lagoon Segment of the Local Coastal Program. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Van Lynch, Senior Planner at van.lynch@carlsbadca.gov, (760) 602-4613, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. I 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} 1U CASA H.O.A. C/0 UNDSAY MANAGEMENT 6126 INNOVATION WAY CARLSBAD, CA 92009 (760) 436-1144 PLANNING HOFMAN PLANNING &: ENGINEERING 3152 UONSHEAD AVENUE CARLSBAD, CA 92010 {760) 692--4100 ENGINEER I GEOLOGY GEOSOILS, INC. 57-41 PALMER WAY 10 CARLSBAD, CA 92010 {760) 438-3155 VIcinity Map No Scale Project Summary Tu Casa Condominium 4747 Marina Drive Carlsbad, CA 92008 Assessors Parcel Number: 207-150·65 Total Site Acreage: I.99Acres Area of Pr<11>_osed Work: 0.12 Acres Residential Waterway (RW) Existing Zone 1 General Pian I Land Use Designation: Residential High DensHy Existing and Proposed Land Use Residential Carts bad Water District ... 59ro El Camino Real Carlsbad, CA 92006 ~,;arl5oaa ::sewer UI$Vnet 1635 Faraday A.enue Carlsbad, CA 92006 Carlsbad Unified School District 6225 Ei Camino Real Carlsbad, CA 92009 I iL 1';: ! Qi ..:. E 3 -·e ~ ~ ~ J "' ~ :it ~ ~~ =r: ~i (1~ ;::)~ ..-..,_ ~ 0 ~ ifi I !j ~ ... <S~ C"oo ...... u.z u Q oz ~:5 a a. S1 .f. ------------ EXISTING CONDITION I '/ I I I I I TUCASA EXISTING CONDmONS SHORE PROTECTION -+6' liS/.. I " 1 I 1--------------30' -------------1 TUCASA PROPOSED RESTACKED SHORE PROTECTION -+6' liS/.. ~-LARGER f S70NES AT 10C OP710NAL FILTER FABRIC--/ ...........:~~~~....., -o• list. Section A-A • No Scale P/L ACCESS ROUTES ''---STORM DRAIN PLAN VIEW UNIT 2 UNIT 8 P/L EXISTING SANK --r-- 1 I I I I ~-PROPOSED roE 1 J~---------""1 I ---------------· ··-· -- t/io/o7 ----S2 . 4 - 09 @ff;; SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 206 PAGE 20 I POR 5 0 1.08 AC ··?s- ~ ~ ~~ ~: 0 ~: ·······~ 0 Rl 1* l!J 1!13, 71 /33.71 BLK ."-~ ~~ Ill • (§) 0 ~ II),.. ~ 7 0 0 0 1.12 AC co ..... I.OZAC ,_,_ 99 • • /fl . .. ·. I . . . p,, . • . : ••• o.ll!Jt.Jc ••• i' ... THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. PAR 1 @ 1.55 AC I COR. I~ LOT I POR 9 8 1.62 AC " e',s-.,,. • . . ..,,. 206-20 ~ 1''=100' ~ \Y PAR 2 @ 2.18 AC 01/04/2008 KJA ® 1* PUBUC ACCESS ESMT 7 < MAP 2152-BELLAVISTA ROS 15053,16964 l'fJ 09 THIS MAP WAS PJlEPARED FOR ASSES9.1ENT PUnRJSES CH..Y. 00 LIABliTY IS ASSLtv1ED FOR H£ ACCWACY cr' THE DATA SI-OWN. ASSESS()rS PARCELS MAY tDT C()..tPlY WITH lOCAl SUBDMSON OR BulON:i ORO~NCES. PIRATES COVE DOC 82-322530 t•LOT 24 207 -150-69 SUB 10 01 -0 ASSESSMENT PAR. NO. ~ NOTE: EACH SUB ID INC~E AN UNO. tNT IN COMMON AREA ASSESSMENT PAR. NO.~~ 207-ISO -83 SUB. 10 01-21 NOTE: EACH SUB. ID L.J ES AN UNO. INT. IN COMMON AREA SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 2.07. PAGE 15 SHT. 2 BRISTOL REGENCY DOC 73-301415 4•LOT I BRISTOL BAY DOC 82-016668 t•LOT 29 207-ISO-74 SUB 10 ·loil-03 ASSESSMENT PAR. NO. ~ NOTE: EACH SUB 10 1r-JO:u AN UNO. INT. IN COMMON AREA TU CASA. DOC 75-181375 3•LOT I .--"\z ' NO SCALE 207 -IS ~ SHT. 2 'I., ) j,t NO SCALE 03-(}7-'{'5; u)¢ ~ BRISTOL ANCHORAGE DOC 72 .. 093837 z..LOT I ASSESSMENT PAR. NO. ~ 207 -ISO-80 SUB ID !Oil-14 NOTE: EACH SUB 10 INcrU AN UNO. INT. IN COMMON AREA ASSESSMENT PAR. NTh] ~ 207-150-07 SUB ID 01 -0 NOTE: EACH SUB 10 U AN UNO INT IN COMMON AREA SHELTER COVE (COVE •s END) DOC 73-164972 r•LOT 7 207-150-08 SUB 10 Of -0 ASSESSMENT PAR. NO ~ NOTE: EACH SUB 10 IN~ AN 207 -ISO -85 SUB 10 01 -r3a ASSESSMENT PAR. N~ UNO. JNT. IN COMMON AREA NOTE: EACH SUB 10 I ~ AN UNO. INT. IN COMMON .AREA CONDOMINIUM z-MAP 7229-CARLSBAD TCT. NO. 71-6 t• MAP 5162-SHELTER COVE 3• MAP 7930-CARLSBAD TCT. NO. 72-14 4•M.AP 7776-CARLSBAD TCT. NO. 71 -7 09 ,._ISTI. 2ND FLOOR 1__..._,~ 2• 2ND & 3RD FLOOR BRISTOL HOUSE DOC 84 -051436 LOTS 38 & POR. 39 SOLBRISA DOC 84 .. 201027 LOT42 207-15 ~ SHT. 3 ) JK fi NO SCALE 'iJ ASSESSMENT PAR. Nq.-, r:::-::1 207-150-90 SUB ID LQ!J-~ ASSESSMENT ~ NO. 207-ISO-26 SUB ID (Qil-~ ASSESSMENT ~. NQ-, 207-150-89 SUB ID l2!_j-~ ASSESSMENT ~R. N~ ~ 207-150-88 SUB ID ~ ASSESSMENT PAR. NO. 207-150-31 SUB LD. (QI]-~ 4621 & 4623 PARK DRJVE DOC. 85-180940 LOT 47 THIS MAP WAS rnEPARtD FOR ASSESSMENT PUnroSES OOLY. NJ LIABliTY IS ASSlJ..IED FOR TH: ACCOOACY' a: THE DATA SI-OWN. ASSESSOO 'S PARCELS MAY I{)T C()dPLY WITH LOCAL SUOOMSON OR B\jl0t6 OOOW.NCES. COVE PARK DOC 83-363330 POR. PAR 1 PM 12156 ASSESSMENT PAR. NO. 207-150-91 SUB ID. @IJ-102) ~~------------~ ~ NOTE: EACH SUS ID tNCLUDES AN SAN OtEGO COUNTY ASSESSOR'S MAP BOOK 207PAGE 15. SHT. 3 UND INT IN ITS RESPECTIVE COMMON AREA. CONDOMINIUMS PARK BRISTOL DOC 82·316405 LOT 57 ASSESSMENT PAR. NO 207-!50-41 SUB ID [2il-~ MAP 5162-SHELTER COVE 09 ~ ~ SA.N DiEGO COUNTY ,6.SSESSOR'S M~P BOOK 207 PAG[I 5 ... SHT 4 HACIENDA CALA CONDM 207-15 ASSESSMENT PAR NO 207-150-79 SUB I.D. 0]]-[g NOTE:EACH SUB I.D. INCLUDES AN UND VIO INT IN COMMON AREA SHT. 4~1< / . OZ-Itj·tJA~ -t-· THIS MAP WAS PREPARED FOR ASSE~ENT PUfJIOSES OtU. 00 LIABILITY IS ASSIJ.AEO FOR TH: ACCURACY Cf THE DATA SI{)WN. ASSESSOR'S PARCELS MAY NJT CCJJPlY WITH LOCAL SIJDVISON OR BtilOKi ORDNANCES. COVE POINT CONDM ASSESSMENT PAR NO 207-150-87 SUB I.D. fill-fa NOTE= EACH SUB 1. D. INCLUDES AN UNO V22 INT IN COMMON AREA @t 0.71AC TOTAL CONDOMINIUMS COVE POINT-DOC75-172609 HACIENDA CALA-DOC 71-278470 MAP 8139-CARLSBAD TCT NO 73-52-LOT I MAP 7070-CARLSBAD TCT NO 71 -I -LOT I NO SC"LE @~so) y-- 4539 m I]] DOC COVE DRIVE ASSN. 86-195443 I 2 PAR I. PM 14251 COVEi DR. ASSESSMENT PAR. NO. 207-150-72 SUB. ID. @J]-~ SHELTER COVE DOC 88-301166 7!JL0T 50 ASSESSMENT PAR. NO. 207-150-34 SUB. ID~- PARK OR. @ I (ID m 2 I § ' 1 <§) I PARK DR. --'l @ ~, I 2 (I] (!] l J - <§ SAN DIEGO COUNTY ASSESSOR'S MAP NOTE·: EACH SUB. 10. INCLUDES AN UNO. INT. BOOK 207 PAGE I 5 SHT. 5 IN ITS RESPECTIVE COMMON AREA. \ 2•LIMITS OF UNIT I 2ND FLR ,, " '' 5 ~RO " 3 • " ,, " 2 2ND '' PARK LAINE DOC 87-679267 PAR 1., PM 14857 , • ,, , ASSESSMENT PAR. NO. 207-150-29 SUB. ID. (2!]-~ CONDOMINIUM 207-15 SHT.5 NO SCALE PARI@ PM13627 DR. ..: "--------- Dty. ASSESSMENT PAR. N~ 207-150-92 SUB.ID.~-~ PARADISE COVE DOC 85-256150 1• LOTS 33& 34 ASSESSMENT PAR. NO. 207-150-19 SUB. ID. @j]-~ DOS PALMAS DOC 86-082898 1•LOT 35 1• LIMITS or UNIT I 6•MAP 7730-CARLSBAD TCT. NO. 72-16-LOT I 7•MAP 5162-SHELTER COVE -LOTS 1-13, 18-74,A-D 09 0 ~rfl OJ 0 I 2 '- COVE DR 4537 COVE DRIVE DOC 93-351062 LOT 26-MAP 5162 ~ VISTA LAGOON DOC82-322526 PAR I, PM 12060 D,ty ASSESSMENT PAR NO 207-150-42 SUB ID @D-~ ASSESSMENT PAR NO 207-150-71 SUB ID ~ -lozl I· LIMITS OF 1ST FLOOR UI-IIT 2. SAN DIEGO ASSESSOR'S MAP ~ SHELTER COVE ,o...crA. ~ DOCS99-226519&505751 A1~-t ~ LOT 60, MAP 5162 0~ ~ 1ST FLOOR ASSESSMENT PAR NO 207-150-44 SUB ID @D-jo21 THIS MAP WAS PREPARED FOR ASSES9.4Et-rr PUIJlOSES ONlY. ~ LIABIUTY IS ASSLt1EO FOR HE ACCURACY Cf THE DATA SI-OWN. ASSESSOR'S PARCELS MAY OOT roAPLY WITH LOCAL SUBOIVISON OR BliiLDHi ORDINANCES. BOOK 207 PAGE 15 SHT 6 COVE DR SHELTER COVE DOC82-200143& 316404 PAR 1, PM 12157 ASSESSMENT PAR NO 207-150-68 SUB IO (ill-§) CONDOMINIUM PARK DR. ® (i) OJ 2 I 1 ~ ® 207-15 ~ SHT. 6 NO SCALE 10/4/1999 EBF' SHELTER COVE DOC 8 8-596484 LOT 5 I-MAP 5162 ASSESSMENT PAR. NO. ~ M 207-150-35 SUB.ID.8-§ 4571 & 4575 COVE DR DOC96-2231 24 MAP 5162-LOT 37 ASSESSMENT PAR NO 207-150-21 SUB ID &I] -102! 09 \ \ \ 92 CD ~ SHT.I SA"' DIEGO COUNTY ASSESSOR'S IU.P ~001< 207 PAGE 42 6ij SHT2 207-42 j I"= 100' r-t· g SHT.2 CHJ\~JGES g;· Q BLK 4ZO OLD I• OPEN SPACE MAP 12018-CARLSBAD TCT. 85-18 UNITS 3&4 NEWIYR cu 1-4~ 88 27'} I I (' 0 (\J SAM DIEGO COUNTY ASSESSOR'S MAP B~ 207 PG MARINA @ SHT3 I*::. NO ACCESS 2• .. OPEN SPACE THIS MAP WAS PREPAII:O FOO ASSESSMENT P\.RPOSES ONLY. ~ LIABliTY :IS ASSLM:D FOR HE ACCL.RACY OF THE DATA SI{)WN. ASSESSOR'S PARCELS W.Y ~T CCMU WITH LOCAL SUBOIVISOO 00 BUILDII'{J ORDINANCES. 207-10 SHTIOF2 3/06/01 JGRO CHANGE_S a.~ OLD t-EW ~ 100 "., 1 "'s"'r .,, 5lJ t;;;i}i 7~ 21 1'~. J{. 78 J6 Pt;. 3(. 78 £0 'i_I:.e#' 80 Sl ~~~ B! 5"R ~~5 ~ lfJ 5;(.-5{, ~' ;a() Sl 57·S.9 115 /00 , :·.~· 8S ~' ~.4() ~~ 4 Ld...;;. ~ 1f4:3 m.~! B7 44 -411·4<# 8? . 1fj$.i,~ "'I'' 'f1'6t.4t. ~ .Uf'5'(.,4 J "-'o·.~ iA«· (,2f'-3 '{38 62. lac,.. 8' 55i'Z '"" -1,1 a, 1 MAP10870-CARLSBAD TCT. NO.B2-21 MAP 823 -RHO AGUA HEDIONDA POR LOT I -MM-231 CUT ~· g(l 30 ltJOS4 125~ 2~-1- /~11 255Z. 1326 S3 21(, lHAI IZ3 100/f.o 271_ I~'?J 5508 21J4- ROS 3786. 4484. 4852. 5289. 5414,11507 J 12164 09 1* CONDO SHELTER CO'¥£ (COYJ::S QOC73-184~72 END) (SEE SHT 2) 2* CONDO BRISTOL VILLAS I;)OC79-427~34 (SEE SHT 2) 3* CONDO BRISTOL BAY QOCB2-01f5068 (SEE SHT 2) 4* CONDO ~ QV PARK BRISTOL QOCB2-316405 (SEE SHT 3) 1 o• CONDO S* CONDO BRISTOL. COVE SHEL 1ER COVE QOC82-322522 QOCS82-20P143 & 316404 (SEE SHT 3} (SEE SHT 6) 11* CONDO BRISTOL HOUSE 1)0084-051436 (SEE SHT 3) 6* CONDO PIRATES COVE QOCS2-322!)30 (SEE SHT 2) 7* CONDO BRISTOL PARK QOCS2-322~28 (SEE SHT J) 8* CONDO \IISTA LAGOON QOC82-322~26 (SEE SHT 8) 9* CONDO COVE PARK QOC83-363330 (SEE SHT 3) ® SAN DIEGO COUNTY ASSESSORS MAP 12' cmo RISA I) C84-201027 (SEE SHT 3} 13' CONDO 4621 & -4623 PARK DR QOC85-·180940 (SEE SHT 3} 14* CONDO PARADISE COVE 1)0085-256150 (SEE SHT 5} 15' CONDO DOS PALMAS QOC 86-082898 (SEE SHT 5) BOOK 207 PAGE 15 SHT 1 OF 6 Jf.tJ.O/ +~01 ~ \g) CHANGES BlK 16* CONDO 4539 COVE DR ASSN QOC86-1954)4J (SEE SHT 5 17' CONDO PARK LAINE QOC87-f579~67 (SEE SHT 5) 18* CONDO SHELlER COVE QOCBB-30U66 (SEE SHT 5) 19* CONDO 4537 COVE DRIVE QOC93-351Q82 (SEE SHT 8) 20* CONDO LOT 51, MAP 5162 QOCBB-5984a4 (SEE SHT 6) 21* CONDO 4571 & 4575 COVE DR 00096-2231)24 (SEE SHT 8 22' (CONDO PEND) LOT 32, MAP 5162 DOC98-033894 BLK 150 - OLD NEW YR cu, 150 .(I ~ 8~ ··~ 171/-1 '!/!. ~ I~ 9/ 31 92 /9 8"1. 7Z. a' $4- 'f5 14-2 . ,, 67 71 (!ON/)() 85 r.ONDO 86 tatfJIJ ~ ~·ON&O 87 CO.VD'J 8"7 C<INDO se aw&.; se CONDO B9 ('.oN PO 1~9 · lr. n.~·~ o IQC) fSlm '" P/ :.,:';; 9Z CON PO 94 ~t S~'7 ,2, §58 &c!l? !J. 7Z.O 572. 1~7:~ 1-,o_t: /0'10 4"& IC(;H 23• CONDO SHELTER COVE DOCS99-226519 & 505751 (SEE SHT 6) 1----+--4-f---1~1------f 24• CONDO BRISTOL COVE DOC04-297725 (SEE SHT7) 25 .. CONDO ~--4--~-\---1~1----1 VILLAS AT THE COVE DOC04-475332 MAP 8139-CARLSBAD T T NO 73-52 MAP 7930-CARLSBAD T NO 72-14 MAP 7776-CARLSBAD TC NO 71-7 MAP 7730-CARLSBAD TC \NO 72-16 \ \ 74 @ 4.73AC 0.71AC. ~ CONDO ~ COVE POINT ·~ DOC75-172609 {SEE SHT 4) MAP 7229-CARLSBAD TCT NO 71-6 MAP 7070-CARLSBAD TCT NO 71-1 MAP 5162-SHELTER COVE ROS 6683, 12164, 17487 207-15 SHT 1 OF 7 CONDO TU CASA DOC75-181375 {SEE SHT 2) I e 0.99AC ~ 1"=1 oo· 09 @ SHT 1 LillY ~ @ SHT 1 POR I (29) 1.91r'Ac ~ SHT 2 ~ 2.10 AC SAN DIEGO COUNTY ASSESSOR'S NAP t 207-43 ~·I t'L? £ 1" ? 100' ..., 10-14-02/MEG ~~ . ~( 4f,~ 11 ~ Oruwn.· 01/T0/90 lh Cltl Frotn: 207-101 CHANGES BLX PRJ(R NW N!W APN lR cvrNCJ 4JO OTTHRIJM 90 155 -101-22 29 90 10058 -101-0f JO Of 20J JO Jj~JJ OJ 516 JJ SIU(' OJ 557 I CIHJO h CONDO BA YSHORE AT AGUA HEDIONDA-PHASE 1 DOC 02-082831 2• CONDO BA YSHORE AT AGUA HEDIONDA-PHASE 2 DOC 02-087855 3• CONDO BA YSHORE AT AGUA HEDIONDA-PHASE 3 DOC 02-87856 ...,.. SEE CONDO PLAN FOR DIST & BRG MAP 14144 -CARLSBAD TCT NO 89-13, THE HAMPTONS MAP 12485-CARLSBAD TCT 88-1, LAGUNA SHORES MAP 823 -RANCHO AGUA HEDIONDA _j .................................. -----------------------------------------------09 A. -NBY 00'15"W N82" 56'47"W 8 -N38" 25'26"W c -sss· 06'01"E 0 -N67• 31'44"E E -s22• 28'16"E F -557• 33'26"W @ 71.06 21.676 t.l 5.108 t.l 11.463 t.A 25.665 t.A 10.873 t.A 15.840 t.A (72.26 FT) CALC (Od) (17.02 FT) CALC (38.21 FT) CALC (69.55 FT) CA.LC (36.24 FT) CALC (52.80 FT) CA.LC (Od) I \i~\il ~ ..... ~·· THS MAP WAS ~PARED FOO ASSESSM:NT ruRPOSES ONLY. ~ LIABLITY IS ASSLt.£0 ~ TH: ACCUlACY OF THE DATA 51-QWN. ASSESSOR'S PARCElS t.AAY t-I>T C()API. Y WITH LOCAL SUBOIVISON CJl BUILDir«i CJlDw.M:ES. SAN DIEGO COUNTY ASSESSOR'S MAP BK 211 PG 01 186.88 AC POR PAR 7 SBE t.AAP 141-37-73J 211-01 oo· 1"=8 J 08/28/02 JHH ~ f2o7\ \:IV SHT 2 ~ ~ PAR 8 SBE MAP 141-37-73J POR LOT F CHANGES CUT 4~918 9S~ 743 ~52 215 D/ '-0 \'55 4722 226 214 067 PA.R 9 SBE t.AA.P 141-37-73J @ SHT 2 ~ ~ MAP 823 -RHO AGUA HEDIONDA-POR LOT H&F-MM209 MM 209 ROS 1806. 11737. 12462. 13995. 16331. 17350 CERTIFICATION I RONALD COGSWELL I TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: # 207-150-85 RECEIVED ccr 2 o 2DD9 CITY OF CA PLANNtNGRDLSBAD EPT DATE: FROM: CITY OF CARLSBAD REVIEW AND COMMENT MEMO OCTOBER 21 I 2009 REVIEW NO: 1 ~ ~ ~ ~ 0 0 0 ~ 0 0 0 0 0 Engineering, Development Services-Terie Rowley Police Department-J. Sasway Fire Department -Greg Ryan Building Department-Will Foss Recreation -Mark Steyaert Public Works Department (streets)-Thomas Moore ___________ Water/Sewer District Landscape Plancheck Consultant -PELA ___________ School District North County Transit District -Planning Department Sempra Energy -Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): =S-=-UP~09;;;...-~06"----- PROJECT TITLE: TU CASA REVETMENT MAINTENANCE PLAN APPLICANT:HOFMAN PLANNING & ENGINEERING PROPOSAL:REPAIR EXISTING REVETMENT ALONG SOUTH OF TU CASA CONDOMINIUM STRUCTURE Please review and submit written comments and/or conditions to MICHELE MASTERSON, in the Planning Department at 1635 Faraday Avenue, by 11/10/09 If you have "No Comments", please so state. Thank you COMMENTS:_-----::h:.....L.J7/C£~=--.L..OL.;.7'.4~S:...___:N;...::::....:O~..lo.c..::O/.H.=..:;_:..:_~..:...;~----=""-./~'N'-=---------- PLANS ATTACHED Review & Comment 09/07 City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM November 25, 2009 TO: Van Lynch, Planning FROM: Tecla Levy, Engineering SUBJECT: SUP 09-06, TU CASA REVETMENT MANAGEMENT PLAN Engineering Department staff has completed a second review of the above referenced project. Staff has reviewed the submittal for completeness and has determined that the application and plans submitted for the project are complete. The following are our comments: Comments: 1) Please specify document no. 73-1338239 for the 15' public access easement on the site plan. 2) The Geotextile filter fabric has been deleted from the plan. Please delete note on sheet S-4, section 5.1. Please add the following conditions to the approving resolution/letter: 1) Prior to hauling construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2) Developer shall complete and submit to the City engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 3) The developer shall to comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 4) This project requires off-site work. No work for private improvements shall occur outside the project unless Developer obtains a letter of permission for the off-site work from the owner of the affected property. If Developer is unable to obtain the letter of permission to work off-site, Developer must either apply for and obtain an amendment of this approval or modify the plans so work will not occur outside the project and apply for and obtain a finding of consistency determination from both the Planning Director. If you have any questions, please either see or call me at 760-602-2733. Page 2 of2 e e City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM November 9, 2009 TO: Van Lynch, Planning FROM: Tecla Levy, Engineering SUBJECT: SUP 09-06, TU CASA REVETMENT MANAGEMENT PLAN Engineering Department staff has completed a first review of the above referenced project. Staff has reviewed the submittal for completeness and has determined that the application and plans submitted for the project are complete. However, it is suggested the following comments are adequately addressed prior to next submittal: Comments: 1) Dimension the site plan. Clearly indicate the exact location of the top and toe of the revetment slope, both existing and proposed. Show the average thickness of the proposed revetment. 2) The plan indicates an option of adding a filter fabric as revetment reinforcement. The addition of filter fabric requires complete removal of the existing rocks and triggers additional erosion control measures and other storm water requirements. Please choose only one option (as recommended by the soil engineer) and show it on the site plan. 3) The site plan shows the limit of work extends beyond the property line. Ple~se obtain a letter of permission to grade from the adjacent property owner. 4) Plot the location of the existing 15 feet wide access easement per document no. 73- 1338239 on the site plan. Make sure that the toe of the proposed revetment does not encroach into the existing access easement. 5) On the site plan, indicate the volume of rocks to be excavated and/or relocated, and indicate the total volume including the proposed 25 cu. yards of rocks to be hauled for additional revetment reinforcement. A grading permit may be required if the volume exceeds 100 cu. yards. 6) Prior to construction, a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards will be required. The developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. • 7) The developer is required to comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 8) A haul route and an approved haul route permit prior to hauling any construction equipment or materials onsite or offsite will be required. 9) An approved traffic control plan and a valid right-of-way permit will be required prior to performing any work in the public right of way. If you have any questions, please either see or call me at 760-602-2733. Page 2 of2 DATE: CITY OF CARLSBAD REVIEW AND COMMENT MEMO OCTOBER 21 I 2009 REVIEW NO: 1 TO: [8'] Engineering, Development Services-Terie Rowley FROM: k8J Police Department-J. Sasway k8J Fire Department -Greg Ryan [8'] Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District [8'] Landscape Plancheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): .:..SU~P:........:.:09:.....-.:.;06=----- PROJECT TITLE: TU CASA REVETMENT MAINTENANCE PLAN APPLICANT:HOFMAN PLANNING & ENGINEERING PROPOSAL:REPAIR EXISTING REVETMENT ALONG SOUTH OF TU CASA CONDOMINIUM STRUCTURE Please review and submit written comments and/or conditions to MICHELE MASTERSON, in the Planning Department at 1635 Faraday Avenue, by 11/10/09 . If you have "No Comments", please so state. PLANS ATTACHED Review & Comment 09/07 DATE: CITY OF CARLSBAD REVIEW AND COMMENT MEMO OCTOBER 21 I 2009 REVIEW NO: 1 TO: k8J Engineering, Development Services-Terie Rowley FROM: k8J Police Department-J. Sasway k8J Fire Department -Greg Ryan k8J Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District k8J Landscape Plancheck Consultant -PELA D School District D North County Transit District -Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): -=-SU.:.;P:........=..;09=--..:..;06:::.....__ __ _ PROJECT TITLE: TU CASA REVETMENT MAINTENANCE PLAN APPLICANT:HOFMAN PLANNING & ENGINEERING PROPOSAL:REPAIR EXISTING REVETMENT ALONG SOUTH OF TU CASA CONDOMINIUM STRUCTURE Please review and submit written comments and/or conditions to MICHELE MASTERSON, in the Planning Department at 1635 Faraday Avenue, by 11/10/09 . If you have "No Comments", please so state. Thank you n C + COMMENTS:-.:.__:_..:.:..O ___ CVV\ __ nn __ Qif)--=--;___;____;~ __________ _ PLANS ATTACHED Review & Comment 09/07 ITEM #1 February 3, 2010 TO: PLANNING COMMISSION FROM: SENIOR PLANNER RE: ERRATA SHEET FOR SUP 09-06-TU CASA REVETMENT The recommendation of the staff report is revised as follows: That the Planning Commission ADOPT Planning Commission Resolution No. 6664 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and addendum, and ADOPT Planning Commission Resolution No. 6665, APPROVING a Special Use Permit (SUP 09-06) based on the findings and subject to the conditions contained therein. Revise Section V, Environmental Review as follows: Ne 8. public comment letter was received during the 30-day public review period from December 23, 2009 to January 25, 2010. The US Fish and Wildlife Service requested that the work be completed during the avian non-breeding season to reduce potential indirect impacts to a number of sensitive bird species. A mitigation measure and project condition has been added which allows construction from August through mid February. Revise Planning Commission Resolution Number 6664 to revise the title as follows: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO PERFORM MAINTENANCE ON A WAVE AND TIDE ROCK REVETMENT ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON FOR THE TU CASA HOMEOWNERS ASSOCIATION ON PROPERTY LOCATED AT 4747 MARINA DRIVE, IN THE AGUA HEDIONDA LAGOON SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 Revise Planning Commission Resolution Number 6664 to: Add "and addendum" after each reference to the Mitigation and Monitoring and Reporting Program VAN LYNCH VL Addendum to EIA part II -SUP 09-06 -TU CASA REVETMENT The California Department of Fish and Game Department have submitted comments on the Mitigated Negative Declaration and requests that all construction work be conducted only during the avian non-breeding season (August through mid February). Section IV.d (page 10), Biological Resources, of the initial study is revised as follows: Agua Hedionda Lagoon supports or has the potential to support a number of sensitive bird species, and there is concern that the indirect impacts from increased general activity, and particularly the presence of heayy equipment with its visual. and noise impacts, could indirectly impact breeding and foraging birds using the lagoon and all construction work shall be conducted only during the avian non-breeding season (August through mid February). There is native salt marsh habitat along the lagoon shoreline just east of the Project's access point to the beach at the end of Bayshore Drive. This habitat has the potential to support breeding and/or foraging light-footed clapper rails (Rallus longirostris ssp. levipes -State and Federal Endangered), and Belding's savannah sparrows (Passerculus sandwichensis ssp. beldingi -and State Endangered). In addition, the California least tern (Sterna antillarum ssp. browni -State and Federal Endangered) may also forage in the lagoon during the breeding season, and could be indirectly impacted by Project activities. Add the following mitigation measure to the list of mitigation measures: 9. All construction work shall be conducted only during the avian non-breeding season (August through mid February). Add the following mitigation measure to the Mitigation Monitoring and Reporting Program for SUP 09-06 -Tu Casa Revetment 9. All construction work shall be Project Engineering No conducted only during the avian non-breeding season (August through mid February). In light of the whole record, the additional information does not revise the project description and none of the conditions described in Title 14 CCR § 15162, calling for the preparation of a subsequent MND, have occurred. The expanded information is neither the result of new significant environmental effects nor the increase in the severity of previously identified significant effects. Van Lynch, Senior Planner City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 January 29, 2010 AHLF SUPPORT FOR TU CASA REVETMENT PROJECT-SUP 09-06 The Agua Hedionda Lagoon Foundation (AHLF) is a non-profit organization with a mission to provide lagoon stewardship while maintaining the existing diversity of uses that the lagoon and area accommodates. The AHLF supports the project proposed by the Tu Casa Homeowners Association because it seeks to maintain the existing rock revetment before complete failure requires a more extensive solution. The preventive maintenance implemented by the approval of Special Use Permit 09-06 is a positive activity from the standpoint of lagoon stewardship and the mission of the Foundation. Existing projects and developments along the lagoon should be supported where possible to perform on-going maintenance which, over time, promotes private property protection, increased public safety and lagoon water quality. Thank you allowing the Foundation to indicate support for this project; we urge the Planning Commission to approve it during the February 3 public hearing. Sincerely, ¥7!- GREG RUBIN CHAIR, Agua Hedionda Lagoon Foundation Van Lynch From: Sent: Mark Vezzola [mvezzola@calindian.org] Friday, January 22, 2010 4:57 PM To: Van Lynch Subject: RE: Tu casa Thank you for the information. Even if the project does not require any "excavation" the tribe still possesses a concern over ground disturbing activities, as this project clearly falls within that category. Also, the fact that the area was previously graded with fill begs the question, "where did that fill come from?" It is good to know, however, that the project does not involve the removal of material. It may be a moot point at this point in time but the tribe maintains a vigilant approach to cultural preservation. As for the lack of any record showing a past history of resources in the immediate area, the Native American Heritage Commission is clear that the Tribe traditionally occupied the area on the proposed project site. The lack of a "historic" record does not change this. Moreover, if the project is near a natural body of water like the coastal shore it is very likely tribal ancestors occupied the area for a variety of purposes. Mark A. Vezzola, Esq. Staff Attorney California Indian Legal Services 609 S. Escondido Blvd Escondido, CA 92025 (760) 746-8941, Ext. 121 mvezzola@calindian.org The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to attorney-client privilege and/or may be attorney work product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination, distribution, copying or forwarding of this e-mail is strictly prohibited. If you received this e-mail in error, please notify us immediately at (760) 746-8941. Thank you. From: Van Lynch [mailto:Van.Lynch@carlsbadca.gov] Sent: Friday, January 22, 2010 12:01 PM To: Mark Vezzola Subject: RE: Tu casa Mr. Vezzola, Since we did not connect this morning, the City does not agree with the requirement to add mitigation for cultural resources because our records do not show any past history of resources in the immediate area, the site has been previously graded with fill material in the work area, and that the rock revetment is adding material to the existing revetment which could be considered additional capping of resources if they did exist. The project does not involve the removal of material, just the relocation of rocks which have moved down slope off the revetment. The City required the applicant modify their plans which include the potential to remove material for the placement of a fabric mat beneath the rock revetment if needed. There will not be any removal of material below the existing revetment. Again the material below the revetment is fill material from previous grading for the establishment of the building site. Please refer to the photos I sent earlier which show the existing condition. The work area is in a tidal area and is subject to tidal influences. 1 The City understands that at anytime cultural resources could be encountered. But in this project there is no subsurface disturbance which requires excavation. The City is not issuing a "grading permit" for the work proposed (so I'm not sure how a pre-excavation agreement would work in this case as there is no excavation). I hope the above gives you a better understanding of the project. In your correspondence and email title there are references to other projects in the City of Carlsbad which this project is not related. If you have any questions or wish to discuss this further, please feel free to contact me. Sincerely, Van Lynch Senior Planner · Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA ZIP 92008 P: 760-602-4613 F: 760-602-8559 van.lynch@carlsbadca.gov www.carlsbadca.gov http://docpub.ci.carlsbad.ca.us From: Mark Vezzola [mailto:mvezzola@calindian.org] Sent: Thursday, January 21, 2010 5:06 PM To: Van Lynch Subject: OMWD Raw Water Project Dear Mr. Lynch: Thank you for contacting the San Luis Rey Band of Luiseno Indians to discuss this project in follow up to our January 8, 2010, comment letter. I have been in administrative and professional meetings since Tuesday and am just know returning phone messages. I tried to contact you by phone but reached a fax machine instead. I will be in the office tomorrow morning, Friday, January 22, until about 11:00 a.m. Please call to discuss this matter and possible mitigation options designed to protect the Tribe's cultural resources. Thank you, Mark A. Vezzola, Esq. Staff Attorney California Indian Legal Services 609 S. Escondido Blvd Escondido, CA 92025 (760) 746-8941, Ext. 121 mvezzola@calindian.org The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to attorney-client privilege and/or may be attorney work product. Recipients should not file copies of this e-mail with publicly 2 •• ~~ ~~ I I I ·I ,I \ \,~ I I ~ I I \ I I I \ \ l I '~\ 75' I l I I l I I ' I I I l I I I I I I I I I I I I I I I I I l I \ \ I I I I I I I I I \ I I \ I I I I I I I \ l l I I l I I I I I 1 I I l \ ' 1?63 -- \ . I J I ~ I I I I t:au~.~o c" j j j i j i j j j j j j j j j j j j j j j j j .---------------- e e CALIFORNIA INDIAN LEGAL SERVICES EUREKA Escondido Office 609 South Escondido Boulevard, Escondido, CA 92025 y Phone 760/746-8941 y Fax 760/746-1815 www.calindian.org y contactCILS@calindian.org BISHOP ESCONDIDO Mark A. Vezzola, Staff Attorney 760/746-8941, Ext. 121 mvezzola@calindian.org SACRAMENTO City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 January 8, 2010 Re: Comments on Tu Casa Revetment (SUP 09-06) To whom it may concern: CITY OF CARLSBAD JAN 12 2010 Please accept this correspondence as an official comment from the San Luis Rey Band of Luiseno Indians regarding the above-referenced project. The San Luis Rey Band is a San Diego County Tribe whose traditional territory includes the current cities of Oceanside, Carlsbad, Vista, San Marcos and Escondido. The Tribe has concerns about the preservation of cultural, archaeological and historical sites within the area affected by the proposed project given its close proximity to Agua Hedionda, an area which houses some of the Tribe's oldest cultural sites. The San Luis Rey Band's main concern is the protection of unique and irreplaceable cultural resources and sacred sites which may be damaged or destroyed by the rock revetment discussed in the Notice of Intent to Adopt a Mitigated Negative Declaration. The Tribe is also concerned about the proper and lawful treatment of Native American human remains and sacred items likely to be uncovered in the course of project development given that the proposed revetment would occur amidst the Tribe's traditional lands. Your solicitation of comments is appreciated but the Tribe wishes to see an analysis ofwhat, if any, impacts the project will have on cultural resources. The Tribe is not opposed to the rock revetment generally, but is fervently opposed to any plans that may damage or destroy any potentially important cultural or sacred sites and human remains that may be located within the project boundaries. Even the placement of 25 cubic yards of quarried armor stone might endanger significant cultural sites and/or spaces. In addition, based on the Tribe's ancestral ties to the area, it is likely other resources exist which have not been included in previous surveys or data recovery programs, or remain invisible from the surface. The extent of disturbance required by the project remains unclear however given that many habitation sites are located near water resources, efforts to rehabilitate habitats may impact cultural resources. Because the project is located in the Agua Hedionda area where resources may be disturbed, the San Luis Rey Band requests mitigation measures be added and that they be conditions of approval for this project, to ensure that this project is handled in a manner consistent with the requirements of the Comment Letter to City of !lsbad Re: Tu Casa Revetment (SUP 09-06) January 8, 2010 Page2 law and which respects the Tribe's religious and cultural beliefs and practices. The following measures must be included in both the mitigation plans and the conditions of approval for the project. The Tribe requests that the City of Carlsbad be required to enter into a pre-excavation agreement with the Tribe prior to the start of the pipeline construction. This agreement will contain provisions to address the proper treatment of any cultural resources or Native American human remains inadvertently uncovered during the course of the project. Should any remains be uncovered during the development, the San Luis Rey Band will likely be designated the "Most Likely Descendant" (MLD) by the Native American Heritage Commission, as Escondido constitutes their traditional territory, as recognized by the Commission. The pre-excavation agreement should be entered into prior to any ground-disturbing activities. The agreement will outline, to the satisfaction of the San Luis Rey Band, the roles and powers of the Native American monitors and the archaeologist, in addition to requiring compensation of the monitors by the City of Carlsbad. Such an agreement is necessary to guarantee the proper treatment of cultural resources or Native American human remains displaced during the project development. To ensure the proper treatment of any cultural resources or Native American human remains that are uncovered during the course the development, the San Luis Rey Band formally requests that the City of Carlsbad agree to return these items to the Tribe if discovered. Any plans to curate such items would disregard the respect due to these cultural resources. The Tribe considers all cultural items found in this area to belong to their ancestors rather than to the developer(s). We look forward to working with the City of Carlsbad once again to guarantee compliance with the California Environmental Quality Act throughout construction of this pipeline. We thank you for your continuing assistance in protecting our invaluable Luisefto cultural resources. Sincerely, CALIFORNIA INDIAN LEGAL SERVICES Mark A. Vezzola Attorneys for the San Luis Rey Band MAV:tle cc: Melvin Vernon, Tribal Captain Carmen Mojado, Secretary of Government Relations Van Lynch From: Sent: To: Cc: Subject: Mr. Van Lynch Planning Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92ee8 Dear Mr. Lynch, David Lawhead [DLawhead@dfg.ca.gov] Thursday, January 14, 201 0 11 :42 AM Van Lynch Marilyn Fluharty; Janet_Stuckrath@fws.gov Tu Casa Revetment MND Comments The California Department of Fish and Game (Department) has reviewed the draft Mitigated Negative Declaration (MND) for the Tu Casa Revetment Project (Project) in the City of Carlsbad (Case No. SUP e9-e6), and offers the following comments. The Project would repair a shoreline rock revetment adjacent to Agua Hedionda Lagoon. The current revetment has fallen into disrepair, with rock material having migrated down the slope and into the lagoon. Repair work would remove this displaced rock material, move the toe of the revetment slope away from the lagoon shoreline and reinforce the slope with new rock. The steepness of the revetment slope would go from the current 2.8:1 to a steeper 2-2.5:1. Heavy equipment would access the site from the end of Bayshore Drive (Gee feet east of the Project site) and the beach between Bayshore Drive and the revetment. Work would be conducted during low tide so that heavy equipment would not operate within lagoon waters. The Department concurs with the project design guidelines and construction measures included in the MND. We request that one additional condition be placed on Project implementation. The Department requests that all construction work be conducted only during the avian non- breeding season (August through mid February). Agua Hedionda Lagoon supports or has the potential to support a number of sensitive bird species, and there is concern that the indirect impacts from increased general activity, and particularly the presence of heavy equipment with its visual and noise impacts, could indirectly impact breeding and foraging birds using the lagoon. There is native salt marsh habitat along the lagoon shoreline just east of the Project's access point to the beach at the end of Bayshore Drive. This habitat has the potential to support breeding and/or foraging light-footed clapper rails (Rallus longirostris ssp. levipes -State and Federal Endangered), and Belding's savannah sparrows (Passerculus sandwichensis ssp. beldingi -and State Endangered). In addition, the California least tern (Sterna antillarum ssp. browni -State and Federal Endangered) may also forage in the lagoon during the breeding season, and could be indirectly impacted by Project activities. The Department appreciates the efforts by the City and the Project applicant to avoid impacts to sensitive biological resources in and around Agua Hedionda Lagoon. We believe that avoiding work during the breeding season will maximize the Project's chances of avoiding those impacts. If you have any questions please feel free to contact me. Thank you. David Lawhead Staff Environmental Scientist CA Dept. of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 (858) 627-3997 1 City January 12, 2010 Hofman Planning & Engineering Attn: Michelle Alves 3153 Lionshead Avenue Carlsbad, CA 92010 e FILE COPY of Carlsbad IQFIIhhh.i•J§.Fiillel§hl SUBJECT: SUP 09-06-TU CASA REVETMENT The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, January 20, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on January 25, 2010. A twenty (20) minute appointment has been set aside for you at 9:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Department no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit r:naximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Department for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Van Lynch .at (760) 602-4613. [~ DON NEU Planning Director DN:VL:sm c: Tu Casa HOA, c/o Jim Strickland, 61631nnovation Way, Carlsbad, CA 92009 File Copy Tecla Levy, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ December 14, 2009 Michelle Alves e City Hofman Planning and Engineering 3153 Lionshead Avenue Carlsbad, CA 92010 e F'LE COPY of Carlsbad •:eJtnnn•a·•·,4~t•a•;.cgn• SUBJECT: SUP 09-06 -TU CASA REVETMENT Your application has been tentatively scheduled for a hearing by the Planning Commission on February 3, 2009. However, for this to occur, you must submit the additional items listed below. If the required items are not received by January 13, 2009, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your site plans, on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 8%" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. . . B) 1 00' Occupant List -(Coastal Developmenf Permits Only) a typew.ritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760)" 602-8559 • www.ci.carlsbad.ca.us <!) SUP 09-06-TU CASA R.TMENT December 14, 2009 Page 2 C) Mailing Labels -one (1) set of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Aria! Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee -a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, ~~ Senior Planner VL:sm Attachment c: Tu Casa HOA, c/o Jim Strickland, 6163 Innovation Way, Carlsbad, CA 92009 File GeoSoils Inc. WAVERUNUP C\TY OF CARLSBAD NOV 3 0 2009 PLANNiNG DEPARTMENT The site is subject to small wind waves and boat wakes. Unlike the open ocean these conditions are very constant and the actual wave run up can be determined by observation. The maximum extent of wave runup can be visually observed on the structure. The maximum wave runup during the maximum high tide is to about elevation +6.5 feet MSL, which is just at the top of the revetment. The resident s report that no overtopping of the structure has been observed in the last few decades. If you have any questions I can be reached at the number below. Sincerely, ~~H RCE#47857 cc: Jim Stirckland, Tu Casa HOA 5741 Palmer Way, SuiteD, Carlsbad CA 92010 W.O. 55331 Phone 760-438-3155 . \ GEOTECHNICAL RESPONSE TO CITY OF CARLSBAD. PLANNING DEPARTMENT REVIEW COMMENTS PROPOSED MAINTENANCE TO EXISTING REVETMENT TU CASA CONDOMINIUMS, 4747 MARINA DRIVE CARLSBAD, SAN DIEGO COUNlY, CALIFORNIA FOR TU CASA H.O.A. c/o MR. JIM STRICKLAND 4747 MARINA DRIVE CARLSBAD, CALIFORNIA 92008 W.O. 55331.1 NOVEMBER 23, 2009 Rt:GI!IV!D NOV 2 4 2009 CITY OF CARLSBAD PLANNING DEPT Geotechnical • Geologic • Coastal • Environmental 5741 Palmer Way • Carlsbad, California 92010 • (760) 438-3155 • FAX (760) 931-0915 Tu Casa H.O.A. c/o Mr. Jim Strickland 4747 Marina Drive Carlsbad, California November 23, 2009 W.O. S5331.1 Subject: Geotechnical Response to City of Carlsbad Planning Department Review Comments, Proposed Maintenance to Existing Revetment, Tu Casa Condominiums, 4747 Marina Drive, Carlsbad, San Diego County, California Dear Mr. Strickland: In accordance with your request and authorization, GeoSoils, Inc. (GSI), is providing this geotechnical response to review comments prepared by the City of Carlsbad Planning Department {City of Carlsbad, 2009 [see the Appendix]) regarding the proposed revetment maintenance at the subject site. The scope of our services has included a review of City of Carlsbad (2009), a review of the Flood Insurance Rate Map for the site vicinity (Federal Emergency Management Agency, 1997}, and the preparation of this geotechnical response letter. Unless specifically superceded herein, the conclusions and recommendations contained in GSI (2007b) remain pertinent and applicable, and should be appropriately implemented during planning, design, and construction. RESPONSE TO CITY OF CARlSBAD PlANNING DEPARTMENT REVIEW COMMENTS Based on our review, City of Carlsbad (2009) addresses project concerns from both the City of Carlsbad Planning and Engineering Departments. Per the direction of the project planning consultant, Hoffman Planning and Engineering, Inc., GSI is only responding to selected City of Carlsbad review comments at this time. For clarity, City of Carlsbad Planning Department review comments are repeated below in bold, followed by GSI's response. City of Carlsbad Review Comment No. 1 Please show on the plans the location of the 15 foot wide public access easement on the southerly {Lagoon) side of the project. Note that the Title Report does not identify the easement. GSI Response to City of Carlsbad Review Comment No. 1 The location of the 15-foot wide public access easement is now shown on the Site Plan on Sheet S1 of GSI (2007a). City of Carlsbad Review Comment No. 2 Please show on the site plan, the location of the Zone A Special Flood Hazard Area per the Flood Insurance Rate Map (Map No. 06073C0764 F, dated June 19, 1997). GSI Response to City of Carlsbad Review Comment No. 2 GSI has added the approximate limit of the Zone A Special Flood Hazard Area per the Flood Insurance Rate Map (Map No. 06073C0764 F, dated June 19, 1997) to the Site Plan on Sheet S1 of GSI (2007a). City of Carlsbad Review Comment No. 3 Please show the elevation of the flood line on the site plan section (Section A-A) on Sheet S2. GSI Response to City of Carlsbad Review Comment No. 3 GSI has added the approximate location of the flood line to the existing and proposed cross-sections on Sheet S1 of GSI (2007a). City of Carlsbad Review Comment No. 4 Please clarify the scope of work on the site plan to include the armoring of the off-site easterly facing bank of the adjacent property to the east. GSI Response to City of Carlsbad Review Comment No. 4 Sheet S1 of GSI (2007a) has been modified to show the extent of offsite work. City of Carlsbad Review Comment No. 5 Under Item 4. Materials, General Notes, Sheet S3, please specify that delivered materials shall not contain any soil, foreign debris, vegetation or seeds. Any existing manmade materials (concrete) found at the project site shall be removed. (Section 9 -debris removal). Tu Casa H.O.A. Tu Casa Condominiums, 4747 Marina Or. File:e:\wp12\5300\s.5331.1.grt GeoSoils, lne. W.O. S5331.1 November 23, 2009 Page2 GSI Response to City of Carlsbad Review Comment No. 5 GSI has included the above required specifications under Materials note 4.6 and Construction Responsibility and Debris Removal note 9.5 on Sheet S4 of GSI {2007a). City of Carlsbad Review Comment No. 6 Please address the question posed by the California Coastal Commission in their letter dated July 10,2007. GSI Response to City of Carlsbad Review Comment No. 6 The proposed project is to bring an existing shoreline revetment in to conformance with the original plan. This is considered maintenance and not an "improved revetment" The project should not be considered "new development." The revetment predates the Coastal Act and should be allowed to be maintained. Over time, rocks have rolled lagoon-ward and have settled down. The proposed project is to minimize the footprint of the revetment and to replace a small percentage of rocks that have been lost due to degradation and scour. The amount proposed to import is about 1 0 tons or about 0.7 percent ofthe overall structure. There is no record or documentation of maintenance ofthe structure in the past. Only anecdotal comments by long-time Tu Casa residents. They do not know the date or the specific activity, only that work was done. Alternatives (fhis is not "new development" and it is not clear why the Coastal Commission wants an alternative analysis.) 1. Do Nothing -The do nothing alternative would leave the revetment encroaching more than necessary into the lagoon inter-tidal area. The do nothing alternative would allow boat wakes and wind waves during very high tide events to impact patio and foundation improvements at Tu Casa. For these reasons the "do nothing" alternative is not preferred. 2. New Revetment -A new revetment would require the complete rebuilding of the structure with more and larger rock. It would include the installation of filter fabric behind the revetment. This alternative would cost about $180,000 as compared to about $10,000 for the proposed maintenance. The alternative would result in greater impacts during construction. Due to the cost and the short-term construction impacts, the construction of a new revetment is not the preferred alternative. 3. Vertical Seawall -A new vertical seawall would cost about $4,000/ft or about $750,000. For cost consideration alone, this is not feasible. Tu Casa H.O.A. Tu Casa Condominiums, 4747 Marina Dr. File:e:\wp12\5300\s5331.1.grt GeoSoils, lne. W.O. 85331.1 November 23, 2009 Page3 City of Carlsbad Review Comment No. 7 Dimension the site plan. Clearly indicate the exact location of the top and toe of the revetment slope, both existing and proposed. Show the average thickness of the proposed revetment. GSI Response to City of Carlsbad Review Comment No. 7 Please see attached plans. City of Carlsbad Review Comment No. 8 The plan indicates an option of adding a filter fabric as revetment reinforcement. The addition of filter fabric requires complete removal of the existing rocks and triggers additional erosion control measures and other storm water requirements. Please choose only one option (as recommended) by the soil engineer) and show it on the site plan. GSI Response to City of Carlsbad Review Comment No. 8 GSI has removed the filter fabric and the corresponding specification note from the plans. City of Carlsbad Review Comment No. 9 The site plan shows the limit of work extends beyond the property line. Please obtain a letter of permission to grade from the adjacent property owner. GSI Response to City of Carlsbad Review Comment No. 9 It is our understanding that the Client is to address this issue. City of Carlsbad Review Comment No. 10 Plot the location of the existing 15 feet wide access easement per document no. 73-1338239 on the site plan. Make sure that the toe of the proposed revetment does not encroach into the existing access easement. GSI Response to City of Carlsbad Review Comment No. 1 0 Based upon the information we have reviewed the access easement was granted with the revetment within it. The existence of shore protection structures within granted easements is very typical of the north San Diego County coastline. Tu Casa H.O.A. Tu Casa Condominiums, 4747 Marina Dr. File:e:\wp 12\5300\s5331.1.grt GeoSoils, Inc. W.O. S5331.1 November 23, 2009 Page4 City of Carlsbad Review Comment No. 11 On the site plan, indicate the volume of rocks to be excavated and/or relocated, and indicate the total volume including the proposed 25 cu. yards of rocks to be hauled for additional revetment reinforcement. A grading permit may be required if the volume exceeds 100 cu. yards. GSI Response to City of Carlsbad Review Comment No. 11 Please see attached plans for earthwork quantities (Sheet S4). LIMITATIONS Inasmuch as our study is based upon our review and engineering analyses, the conclusions and recommendations are professional opinions. These opinions have been derived in accordance with current standards of practice, and no warranty, either express or implied, is given. Standards of practice are subject to change with time. GSI assumes no responsibility or liability for work or testing performed by others, or their inaction; or work performed when GSI is not requested to be onsite, to evaluate if our recommendations have been properly implemented. Use of this report constitutes an agreement and consent by the user to all the limitations outlined above, notwithstanding any other agreements that may be in place. In addition, this report may be subject to review by the controlling authorities. Thus, this report brings to completion our scope of services for this portion of the project. The opportunity to be of service is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office. GeoSoils, Inc. RB/JPF/DWS/ ATG/jh Attachments: Appendix -References Tu Casa H.O.A. Revetment Maintenance Plans Distribution: (4) Addressee Tu Casa H.O.A. Tu Casa Condominiums, 4747 Marina Dr. File:e:\wp12\5300\s5331.1.grt GeoSoils, lne. W.O. S5331.1 November 23, 2009 PageS APPENDIX REFERENCES City of Carlsbad Planning Department, 2009, 1st review for SUP 09-06 -Tu Casa Revetment, dated November 11. Federal Emergency Management Agency, 1997, Flood insurance rate map, San Diego County, California and incorporated areas, panel 764 of 2375, Map No. 06073C0764F, dated June 19. GeoSoils,lnc.,2007a, Tu CasaH.O.A. revetmentmaintenance,4sheets, 30-scale, revised November 23. __ , 2007b, Maintenance/repair of shore protection at Tu Casa, 4747 Marina Drive, Carlsbad, CA 92008, W.O. S5331, dated June 8. GeoSoils, Inc. e FfLE COPY City of Carlsbad I QFI IIIII ;t~i •I§ .filII; •14 hi November 19, 2009 Michelle Alves Hofman Planning and Engineering 3153 Lionshead Avenue Carlsbad, CA 9201 0 SUBJECT: SUP 09-06-TU CASA REVETMENT-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project 1. The projecUs subject to the provisions of CEQA. Based on the City's analysis of the proposed project, the following CEQA documentation/process is required for the project (fees effective January 1, 2009): 0 A NEGATIVE DECLARATION (NO) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $1604.00 ($883.00 single family lot) for the continued :processing of the CEQA documeAtation.--· A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $1604.00 ($883.00 single family lot) for the continued processing of the CEQA documentation. 0 An ENVIRONMENTAL IMPACT REPORT (EIR) is required to analyze the project's environmental effects. Please submit the Environmental Impact Report Base Fee of $18,619.00 for the continued processing of the CEQA documentation. In addition, a fully burdened hourly rate will be assessed after the first 160 hours charged by the assigned project planner or after the first 40 hours charged by the assigned project engineer. For additional information related to this CEQA applicability/process determination, please contact the project planner, Vlln Lynch, at (760) 602-4613 or van.lynch@carlsbadca.gov. ['~ DON NEU Planning Director DN:VL:sm c: Tu Casa HOA, c/o Jim Strickland, 6163 Innovation Way, Carlsbad, CA 92009 Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ ' ,. November 11 , 2009 Michelle Alves e City Hofman Planning and Engineering 3153 Lionshead Avenue Carlsbad CA 92010 e of Carlsbad I@Fihhhi~I•J§.fJjllel§bl SUBJECT: 1st REVIEW FOR SUP 09-06 -TU CASA REVETMENT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Special Use Permit, application no. SUP 09-06, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide 3 complete sets of the development plans so that the project can continue to be reviewed. If you would like to schedule a meeting to discuss this letter or your application, please contact your staff planner Van Lynch at the phone number listed below. You may also contact each commenting department individually as follows: • Planning Department comments: Van Lynch, Senior Planner, at (760) 602-4613. • Engineering Department comments: Tecla Levy, Associate Engineer -Engineering Development Services, at (760) 602-2733. • Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661. Sincerely, :?&?l::C Assistant Planning Director GTB:VL:sm c: Tu Casa HOA, c/o Jim Strickland, 6163 Innovation Way, Carlsbad, CA 92009 Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} ,---------------------------------- SUP 09-06-TU CASA RIETMENT November 11, 2009 Page 2 ISSUES OF CONCERN Planning: 1. Please show on the plans the location of the 15 foot wide public access easement on the southerly (Lagoon) side of the project. Note that the Title Report does not identify the easement. 2. Please show on the site plan, the location of the Zone A Special Flood Hazard Area per the Flood Insurance Rate Map (Map No. 06073C0764 F, dated June 19, 1997). 3. Please show the elevation of the flood line on the site plan section (Section A-A) on Sheet S2. 4. Please clarify the scope of work on the site plan to include the armoring of the off-site easterly facing bank of the adjacent property to the east. 5. Under Item 4. Materials, General Notes, Sheet S3, please specify that delivered material shall not contain any soil, foreign debris, vegetation or seeds. Any existing manmade materials (concrete) found at the project site shall be removed (Section 9 -debris removal). 6. Please address the question posed by the California Coastal Commission in their letter dated July 10, 2007. Engineering: 7. Dimension the site plan. Clearly indicate the exact location of the top and toe of the revetment slope, both existing and proposed. Show the average thickness of the proposed revetment. 8. The plan indicates an option of adding a filter fabric as revetment reinforcement. The addition of filter fabric requires complete removal of the existing rocks and triggers additional erosion control measures and other storm water requirements. Please choose only one option (as recommended by the soil engineer) and show it on the site plan. 9. The site plan shows the limit of work extends beyond the property line. Please obtain a letter of permission to grade from the adjacent property owner. 10. Plot the location of the existing 15 feet wide access easement per document no. 73- 1338239 on the site plan. Make sure that the toe of the proposed revetment does not encroach into the existing access easement. 11. On the site plan, indicate the volume of rocks to be excavated and/or relocated, and indicate the total volume including the proposed 25 cu. yards of rocks to be hauled for additional revetment reinforcement. A grading permit may be required if the volume exceeds 100 cu. yards. 12. Prior to construction, a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards will be required. The developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention ... I SUP 09-06-TU CASA ReTMENT November 11, 2009 Page 3 Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 13. The developer is required to comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 09-083-01 BIOLOGICAL RESOURCES ASSESSMENT FOR THE TU CASA H.O.A. REVETMENT MAINTENANCE PROJECT CARLSBAD, CALIFORNIA - Prepared for: Mr. Jim Strickland Tu Casa H.O.A. 4747 Marina Drive Carlsbad, CA 92008 Prepared by: Merkel & Associates, Inc. 5434 Ruffin Road San Diego, CA 92123 Phone: (858) 560-5465 Fax: (858) 560-7779 October 2009 Keith Merkel, Principal Consultant Tu Casa Revetment Maintenance Project October 2009 TABLE OF CONTENTS Introduction ............................................................................................................................................ 1 Methods .................................................................................................................................................. 3 Results .................................................................................................................................................... 4 Physical Site Conditions ..................................................................................................................... 4 Resources Within the Project Area ..................................................................................................... 4 Intertidal Shoreline .......................................................................................................................... 4 Subtidal Eelgrass Habitat ................................................................................................................ 5 Subtidal Unvegetated Bottom ......................................................................................................... 5 Supratidal (Terrestrial) Habitat ....................................................................................................... 5 Sensitive Species ................................................................................................................................ 7 Impact Analysis and Discussion ............................................................................................................ 7 Marine Resource Impacts ................................................................................................................... 7 Intertidal Shoreline ........................................................................................................................... 7 Subtidal Vegetated Bottom ............................................................................................................. 7 Subtidal Unvegetated Bottom ......................................................................................................... 8 Open Water and Water Quality ....................................................................................................... 8 Sensitive Species Impacts ................................................................................................................... 8 Mitigation of Impacts ............................................................................................................................. 8 Impact Mitigation Measures ............................................................................................................... 9 A. Project Design Guidelines .......................................................................................................... 9 B. Construction Measures ............................................................................................................... 9 Significance of Impacts After Mitigation ........................................................................................... 9 References ............................................................................................................................................ 10 LIST OF FIGURES Figure 1. Project Locator Map ............................................................................................................. 2 Figure 2. Tu Casa Study Area Resources Map .................................................................................... 5 LIST OF APPENDICIES Appendix A. Tu Casa H.O.A. Revetment Maintenance (Latest Revision 09/15/09) Merkel & Associates #09-083-01 Tu Casa Revetment Maintenance Project October 2009 BIOLOGICAL RESOURCES ASSESSMENT FOR THE TU CASA H.O.A. REVETMENT MAINTENANCE PROJECT CARLSBAD, CALIFORNIA October 2009 INTRODUCTION The Tu Casa Home Owners' Association (H.O.A.) has contracted Merkel & Associates, Inc. (M&A) to conduct an assessment of marine biological resources at the site of a proposed revetment maintenance project at the Tu Casa Condominium Complex in Carlsbad, California on the north shore of Agua Hedionda Lagoon (Figure 1 ). The purpose of the proposed action is maintenance work to repair existing shoreline armoring by removal of rock that has migrated vertically down the shore slope into the lagoon and replace the rock on a steepened shore face. On average, the work would change the rock slope from an approximately 2.8:1 slope to a slightly steeper 2-2.5:1 slope through drawing the toe of the existing armoring back towards the shoreface. The maintenance proposed is generally considered preventative revetment maintenance since no segment within the work area has so completely failed as to require shoreline reconstruction beyond rock removals from the lower intertidal areas and replacement of large rock on the upper shoreline. Some of the rock will be reused, while some of the material will be upsized to larger revetment stone to prevent future vertical movement of rock. The maintenance work would include the importation and placement of not more than 25 cubic yards of quarried armor stone. Specifications call for use of 50-200 lbs. rock with an average stone weight of 80 lbs. The area of work totals approximately 0.12 acre and the work proposed in more fully described in construction plans (Appendix A, Tu Casa H.O.A. Revetment Maintenance, Geosoils, Inc., September 15, 2009 latest revision date). Shoreline armor repairs are proposed to be conducted by taking access from an existing disturbed beach access at the foot Bayshore Drive located approximately 600 feet east of the project site. Access would be taken by vehicles at low tide, driving along the hard sand beach to the rubble beach at the project site. Construction work would occur during low tides and equipment would be removed from the intertidal zone during high tide periods. In order to assess the potential affects of this work on biological resources, M&A has conducted a biological survey of the project site and a review of the proposed project to assess the potential effects of the proposed work on biological resources. Merkel & Associates #09-083-01 Project Locator Map Tu Casa Shoreline Revetment Repairs M&A# 09-083-01 Figure 1 Merkel & Associates, Inc. Tu Casa Revetment Maintenance Project October 2009 METHODS M&A staff, Lee Murai and James Schacher, conducted a biological survey of the project site on August 25, 2009. Keith Merkel and Kathy Rogers visited the site a second time on September 20, 2009 in order to field verify prior survey data, examine specific intertidal areas, and to collect representative photographs ofthe site conditions. The in-water survey consisted of areal coverage and density investigations of eelgrass (Zostera marina) within the study area as well as observation of other distinct habitat types available on-site including unvegetated soft bottom and riprap shoreline. Eelgrass coverage data were collected using a side-scan sonar operating at 600 kHz scanning out 20 m on both the starboard and port channels for a 40-m wide swath. All data were collected in latitude and longitude using the North American Datum of 1983 (NAD 83), converted to the Universal Transverse Mercator system in meters (NAD 83), and plotted on a geo-rectified aerial image of the project site. The survey was conducted by running parallel transects that were spaced to allow overlap between adjoining side-scan swaths. Transect surveys were performed until the entirety of the survey area was captured in the survey record. Following completion of the survey, side-scan sonar traces were converted to a geographically registered photo-mosaic through digital post-processing. Eelgrass was then digitized as a theme over the aerial image to calculate the amount of eelgrass coverage and show its distribution. Eelgrass turion (leaf bundle shoot) density data were collected and investigations of other marine habitat types were made using SCUBA. A SCUBA diver verified the sidescan data and measured the density of actively growing leaf shoots by conducting turion counts within a 1/16-m2 quadrat in accordance with the mapping requirements of the Southern California Eelgrass Mitigation Policy (SCEMP, Revision 11 ). Twenty replicate quadrats were randomly placed within the eelgrass bed of the project area to obtain a mean shoot density for the beds as well as reference beds outside of the work area. Information collected within other habitat types included depth, substrate type, and observed flora and fauna Within the intertidal and supratidal areas of the study site, an on-foot survey was conducted at low tide to map existing wetland resources and review upland habitats. Because all upland areas of the site are comprised of urban landscaping and the condominium building, no focused surveys in this area were performed. Merkel & Associates #09-083-01 3 Tu Casa Revetment Maintenance Project RESULTS PHYSICAL SITE CONDITIONS The surveyed area occurs along approximately 180 feet of the southern boundary of the Tu Casa property line and into the adjacent lagoon. The shoreline transitions from a cultural landscape above the highest tides to a steepened barren earthen scarp and scattered pickleweed plants intermixed with quarter ton and smaller riprap on a moderately slumping riprap slope. Near the toe of the slope is a well-graded rocky transition from riprap down to 6-inch minus backing stone. The intertidal areas supports a nearly solid covering of loose small stone, presumably washed out from the higher riprap. At about the 0 ft. MLL W elevation, the rocky beach transitions to a soft sand shoreline dropping into slightly deeper lagoon water where a fringing eelgrass bed occurs. RESOURCES WITIDN THE PROJECT AREA Intertidal Shoreline October 2009 Shoreline characterized by large rock at upper elevations transitioning to smaller rocky beach, then to sand and mud at about 0 ft MLL W. The vast majority of the shoreline within the project area is armored with riprap that has shed backing stone to the extent that this material now covers the beach down to the low intertidal elevations where the shore transitions to sand (approximately 0 ft. MLL W). The shoreline rock is moderately stable to very stable and thus supports an abundant presence of lined shore crabs (Pachygrapsus crassipes) and green shore crab (Hemigrapsus oregonensis). Also present on this shore were considerable rock louse (Ligia occidentalis). Overall, the rocky beach supports a limited diversity of epibenthic invertebrates. In the lower portions of the rocky beach, diatom films coat much of the rocky surface and there is limited macroalgal flora. At the upper shoreline, rocks lack algal films but exhibit water staining due to regular inundation. Higher on the shoreline, rocks are subject only to infrequent splash and lack any coloration. Approximately a dozen scattered Parish's glasswort (Salicornia subterminalis) are found in the highest elevations of the intertidal shoreline as it transitions to the cultural landscape of the condominium complex. This species is generally found rooted in exposed soil pockets of the otherwise intact riprap, or it is found along the top crest of the rock where shoreline slumping has created a small pocket of soil at the extreme upper edge of the intertidal zone and within the splash zone. These plants are principally distributed in the central at the eastern end of the study area and are illustrated in Figure 2. Locator buffers have been used to highlight the distribution of plants, as the total area of glasswort is less than 60 square feet. Glasswort is an obligate wetland subshrub, however, the limited and patchy distribution of the shrubs within the riprap and adjacent to the sparse landscape plants prevents function as a unique wetland community. No other wetland-associated species are found in conjunction with the glasswort the site. Merkel & Associates #09-083-01 4 Tu Casa Revetment Maintenance Project October 2009 Access from Bayshore Drive would cross a sand beach used principally for recreation. This beach does not support vegetation as it transitions to uplands at a steep sand scarp supporting disturbed upland habitats along the top edge of the scarp and clean sand beach at the bottom (see background of prior photograph). Subtidal Eelgrass Habitat Eelgrass vegetated habitats are an essential component of southern California's coastal marine environment. Eelgrass beds function as important habitat for a variety of invertebrate, fish, and avian species. For many species, eelgrass beds are an essential biological habitat component for at least a portion of their life cycle, providing resting and feeding sites along the Pacific Flyway for avian species, and nursery sites for numerous species of fish. In the study area, subtidal soft bottom that is not bare is principally covered with eelgrass. Eelgrass within the survey area is found below the proposed work area as a fringing eelgrass bed that extends along the shore at an elevation of approximately -1 ft. MLLW and deeper (Figure 2). At the western end of the site, a large storm drain discharges municipal stormwater to the lagoon through an intertidally located outfall. The drain has deposited moderate amount of sand creating an elevated and unstable outflow delta that has resulted in the displacement of eelgrass from the shoreline. A less well developed eelgrass bed exists along the outer edge of the storm drain delta where it is likely that seasonal sediment overrun and unstable sand slopes limit persistence and development of eelgrass beds. The mean shoot density within the survey area was 113.6 ± 41.8 shoots/m2 (n=20). These eelgrass beds are the most sensitive habitat in the study area and are found immediately outside of the proposed work footprint. Subtidal Unvegetated Bottom Subtidal areas not supporting eelgrass are comprised of sand and soft mud and silt. No fish were observed during the survey, but the site is likely used by a variety of demersal fish including round stingrays and barred sand bass (Paralabrax nebulifer). Although primarily bare bottom, this area did contain occasional mats of drift green algae (Ulva). Invertebrates were sparse, although the muds showed signs of burrowing invertebrate activities, likely from bivalves and ghost shrimp. It is anticipated that the benthic invertebrate community within this area is similar to that typically found in other non-vegetated areas of southern California bays including burrowing anemones, sponges, bivalves and nudibranchs. Supratidal (Terrestrial) Habitat The project area is bounded at the upper elevations by a narrow fringe of cultural landscaping associated with the Tu Casa condominium complex. This landscaping ranges from as little as 3 feet to as much as 15 feet between the building and the riprap slope. The landscaping is comprised of a mix of ice plants, myoporum shrubs, tropical and warm temperate shrubs. No native vegetation communities occur within the project area. Merkel & Associates #09-083-01 5 PICKLEWEED LOCATOR BUFFER Tu Casa Study Area La Playa Cove Storm Drain Replacement Project M&A# 09-083-01 Figure 2 Merkel & Associates, Inc. Tu Casa Revetment Maintenance Project October 2009 SENSITIVE SPECIES No sensitive species identified as protected, rare, senstttve, threatened or endangered by the California Department of Fish and Game or the U.S. Fish and Wildlife Service are expected in the area. Habitat is not suited to nesting by sensitive birds and the rocky shoreline is not suitable for foraging by western snowy plover. Occasional foraging use of the lagoon shoreline by least terns may occur, however, absence of an established nesting colony in the vicinity would substantially limit this use. IMPACT ANALYSIS AND DISCUSSION The proposed project is the rehabilitation of an existing armored shoreline by salvaging rock from lower intertidal areas and reconstructing the rock revetment at a steeper slope angle. A small amount (less than 25 cubic yards) of rock would then be imported for placement on the bank to supplement salvaged rock. The shoreline reconstruction proposes to steepen the shore face by pulling back the riprap toe of the slope from the lower intertidal elevations. Because the project is maintenance of existing rock armoring on an existing riprap rubble beach, the net long-term change in the site biological and water quality conditions is anticipated to be negligible. However, the proposed work has the potential for short-term construction impacts to both biological resources and water quality. These are discussed below and may be mitigated to less than significant levels through incorporation of standard construction period control measures. MARINE RESOURCE IMPACTS Intertidal Shoreline Some temporary project impacts to the intertidal and subtidal riprap biological community would be expected. Driving of equipment along the sand beach to the work site will result in minor and insignificant impacts to beach invertebrate communities and may result in temporary disruption of shorebird foraging in a manner comparable to regular beach use by pedestrians. On the rubble shoreline, the collection and replacement of riprap into the repaired revetment will result in temporary and insignificant impacts to mobile invertebrate communities associated with the rock. These impacts would principally consist of proportionally small losses of amphipods, crabs, and rock louse isopods that are present throughout this beach area. These communities would be expected to rapidly recover following completion of work. Placement of new rock has the potential to impact the scattered glasswort plants along the upper shoreline. As indicated, these plants are too sparsely distributed and lack a suitable scale to function as wetland habitat; however, they are recognized as wetland plants within wetland regulatory programs of the U.S. Army Corps of Engineers and California Coastal Commission. Whether these agencies would assert jurisdiction on these individual plants as wetlands, is unknown. However, if these plants were to be determined to be wetlands, then impacts would be considered significant. For purposes of analyses, jurisdiction as wetlands has been assumed and impacts have been determined to be potentially significant and avoidable through implementation of construction period mitigation measures. Subtidal Vegetated Bottom Eelgrass habitat is located outside of and immediately adjacent to the shoreline area on which work is anticipated to occur. Based on site investigations and an understanding of the work, there is no Merkel & Associates #09-083-01 7 Tu Casa Revetment Maintenance Project October 2009 reason eelgrass habitat should be directly impacted by the proposed work. However, potential for impact does exist as a result of equipment maneuvering on the low beach, excessive displacement of shoreline sands and burial of adjacent eelgrass beds. This impact would be considered significant and would require mitigation in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (National Marine Fisheries Service 1991, revision 11). Under this policy, eelgrass impacts must be mitigated through the restoration of eelgrass at a 1.2:1 (mitigation to impact) areal extent ratio. As a result, an impact of I 00 m2 would require the restoration of 120 m2 of eelgrass habitat. Reasonably simple construction controls can be used to protect adjacent eelgrass and avoid impacts to eelgrass. Subtidal Unvegetated Bottom Coincident with potential impacts to eelgrass beds, it is anticipated that potential impacts to unvegetated subtidal bottom could also occur. While this impact would not be considered significant and thus would not require mitigation, construction control measures to protect eelgrass would also result in the protection of subtidal unvegetated bottom habitat. Open Water and Water Quality The proposed project has the potential to result in temporary impacts to water quality as a result of beach disturbance during revetment maintenance activities. In general, it is anticipated that water quality impacts will be limited to disturbance of beach sediments and thus short-term elevation of turbidity levels as exposed fine sediments are winnowed from the sands and gravels of the beach. Risk also exists for potential petroleum discharges to the lagoon in association with equipment fuels, hydraulic leaks, or other fluid leaks from excavators and placement equipment. Due to the small project scale, and short duration of work, and proposal to complete all work during low tide shoreline exposure periods, the elevated turbidity from would not be of a magnitude or duration sufficient to result in loss of eelgrass or prolonged impairment of other lagoon biota. As such, impacts are not considered significant. Risks of petroleum discharge from equipment are considered significant and mitigable through implementation of fueling restrictions, leak inspections, and operational best management practices during completion of work. These measures are discussed below. SENSITIVE SPECIES IMPACTS No sensitive species impacts would be expected to occur as a result ofthe proposed work. MITIGATION OF IMPACTS Potentially significant impacts have been identified to intertidal glasswort plants, eelgrass beds, and water quality. These impacts are all considered to be fully avoidable or mitigable through implementation of construction period measures to contain construction activities to the work area, prevent discharges of excess sediment from the project site, protect in place the glasswort, and prevent petroleum spills and prepare for spill prevention in the event an unanticipated discharge does occur. Specific mitigation measures to achieve these objectives follow project applicable City of Carlsbad Guidelines for Biological Studies, Standard Mitigation Measures as well as site-specific measures Merkel & Associates #09-083-01 8 Tu Casa Revetment Maintenance Project October 2009 that address the unique needs of the proposed work and environment within which it is to occur. These measures are as follows: IMPACT MITIGATION MEASURES A. Project Design Guidelines 1. Locate staging areas in disturbed habitat, to the degree feasible. For the proposed project, this means equipment shall be removed from the beach areas during any tidal condition that inundates the work area. Equipment staging areas should be at the foot of Bayshore Drive on improved surfaces only and not within other upland areas or intertidal areas. Rock shall be brought to the beach only as needed and stockpiled as high on the shore as practical. 2. Designate no-fueling zones a minimum distance of 10 meters (33 feet) from all drainages and away from fire-sensitive areas. For the proposed work, equipment fueling shall not occur on the beach or within 10 meters of lagoon waters and adjacent wetlands. B. Construction Measures 3. The footprint of disturbance shall be minimized to the maximum extent feasible and shall be specified in the construction plans. All employees shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. Construction limits shall be delineated with white PVC staking along the lower edge of the existing rubble beach and not less than 10 feet from existing eelgrass. Staking shall be maintained until the completion of all construction activities. Access will only be taken from Bayshore Drive and no equipment work shall be conducted from the upland areas above the project work site. 4. A water pollution control plan shall be developed that describes turbidity, sediment, and hazardous materials control, fueling and equipment management practices. The plan shall include designated areas for equipment fueling and maintenance, inspections for leaks that occur not less than twice each workday, and spill prevention and clean-up preparation. The contractor shall maintain a waterborne petroleum spill clean-up kit on site during all work. 5. Erodible fill material shall not be deposited into watercourses. Sediment control shall be performed in a manner that sediments are not pushed or allowed to flow down shore into adjacent eelgrass beds. This means minimizing beach sediment disturbance, and not creating stockpiles of sediments where they are subject to tides and wave action between work periods. Temporary sediment stockpiles shall be minimized in scale and protected against erosion. Sediment/erosion control measures shall be continued at the project site until such time as the revetment has been completed to provide a stable shore condition. 6. All existing glasswort on site shall be flagged by a qualified biologist and riprap revetment hand placed around the plants in a manner that does not result in impacts to the existing plants. SIGNIFICANCE OF IMPACTS AFTER MITIGATION With the implementation of the above outlined measures, potential significant impacts to resources would be avoided and no residual significant adverse effects would exist. Merkel & Associates #09-083-01 9 Tu Casa Revetment Maintenance Project October 2009 REFERENCES National Marine Fisheries Service, Southwest Region, 1991. Southern California Eelgrass Mitigation Policy (adopted July 31, 1991, rev. 11). Technology Associates, 2008. Guidelines for Biological Studies. Prepared for the City of Carlsbad. September 30,2008 Merkel & Associates #09-083-01 10 Tu Casa Revetment Maintenance Project Appendix A. Tu Casa H.O.A. Revetment Maintenance, Revision 09/15/09 Merkel & Associates #09-083-01 . . TU CASA H.O.A. C/0 JIM STRICKLAND 4747 MARINA DRIVE CARLSBAD, CA 92008 PLANNING HOFMAN PLANNING & ENGINEERING 3152 LIONSHEAO A VENUE CARLSBAD, CA 92010 ENGINEER I GEOLOGY GEOSOILS, INC. 5741 PALMER WAY #D CARLSBAD, CA 92010 No Scale Project Summary Tu Casa Condominium 47 47 Marina Drive Carlsbad. CA 92008 Assessors Parcel Number: 207·150-85 -Total Site Acreage: .99 Acres Area of Prooosed Work: 0.12 Acres Resodentoal Wateoway (RW) Exostong Zone I General Plan I Land l)..,_DesiJlnlltl_on: _ _ _ __ Residential High Density Existino and ProDOsed Land Use Residential Carlsbad Water Distroct 5950 El Camino Real carlsbad. CA 92008 CarlsbacfSeWernistinct --------- 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad Unified School District 6225 El Camono Real Carlsbad, CA 92009 - 1/70/07 - -~ -51 . .. . . BLDG. EXISTING CONDITION TUCASA EXISTING CONDITIONS SHORE PROTECTION LANDSCAPING I I I I I I -+6' MSL : ? ? ? : :--------------JO' -------------! TUCASA PROPOSED RESTACKED SHORE PROTECTION -+6' MSL c-LARGER ( STONES AT TOE OPnONAL FILTFR FABR/C-J' -0' MSL Section A-A' No Scale ACCESS ROUTES P/L PLAN VIEW UNIT 1 UNIT 4 UNIT 2 ,~-PROPOSED TOE J ______ _ lj 180.9J' .r-C:JU lj I j_ .r-rc£DiOJVD J I lj r::·r A -.r-CJUOJV P/L EX/STING BANK -.-- 1 I I I I ~ , /( , .:( 0 ~ ~ ~ 2 g . I ~ ~ LU (.) ::ii!: ~ ~ ~ ~ 1- ffi I! .H~ ~~j;!S ~ 3~~~ LU 2'U'~ ... a::: ~ - 1/10/07 ----52 .. - GENERAL NOTES 1. The "Owner" shall be the Tu Coso HOA; the "Engineer" shall be GeaSalls Inc; and the "Contractor" shall be an independent entity retained by the Owner to perform the work described herein. The Engineer has been retained by the Owner and Ia nat affiliated with the Contractor. 2. Unless otherwise directed by the Owner, the Controctor sl>all secure, at his expense, all permits. licenses, and consents necessary for the performance of the work described herein. 3. The Contractor shall verify all site conditions, locations and ete110tians prior to commencing worl<. Conditions, locations and ele110t1ons shown an the plans shall be considered approximate and shall be verified by the Contractor In the field. Any conflicts or discrepancies shall be brought to the attention of the Engineer and be resolved prior to commencement of the work. 4. The Contractor shall coordinate the warl< of all trades. 5. The Contractor shall exercise due care to preserve existing vegetation outside limits of grading. Contractor shall treat all disturbed areas with erosion control measures. 6. Contractor to remove and replace all improvements damaged as a result of the work detailed In these plans to a condition equivalent to or better than existing conditions to the satisfaction of the Owner. This includes, but is not necessarily limited to: fences, gates, and roods. 7. Contractor shoJI assume all responsibility for location and avoidance or repair of all underground utilities, Including, but nat limited to, gas, water, electric, cable TV, telephone, sanitary sewer, and storm sewer. Contractor shall notify USA Underground and other appropriate authorities, including public and pri110te utility owners, of construction activities a minimum of two (2) working days prior to commencement of worl<. Contractor shoJI -ify location and depth of all existing utilities whether shown on the drawings or not. If the contractor falls to adequately protect tho utilities, any resulting damage shall be repaired at Contractor's cast. 8. All deleterious spoils from site excavations to be wasted off-site, or placed in an owner approved location on site. 9. In the event that any unusual conditions not covered by the plans or specifications ore encountered during excavation operations, the Engineer shall be Immediately contacted for directions. It shall be tho Contractors reeponslblllty to immediately notify the Engineer upon discovery of any field conflicts. 10. All work to be in accordance with the standard provisions of the City of Carlsbad, San Diogo County and the latest edition of the State of California Standard Specifications. 11. The Contractor shall provide the Owner and Engineer with the name and telephone number of the responsible person to contact, with regard to this project, 24 hours a day. 12. While not anticipated, the Contractor shall provide adequate dust control at all times as required by the City. Any operation that creates excessive dust shall ceoae immediately until sufficient measures satisfactory to the City hove been token to insure compliance with dust control requirements. 13. All work shall be sub )oct to inspection and approval of tho Owner and Engineer. 14. The Contractor agrees that they shall assume solo and complete roeponslbllity for job site safety conditions during the course of construction of this project, Including safety of all persons and property: that this requirement shall apply continuously and not be limited to normal working hours and that tho Contractor shall defend, Indemnify and hold harmless the Owner and Engineer from any liability, real or alleged, In connection with the performance of the work on this project excepting for liability arising from the sole negligence of the Owner or the Engineer. 15. The Engineer shall be provided with at least two (2) worl<lng days ad110nce notice of construction activities requiring inspection services at (760) 438-3155 or FAX (760) 931-0915 16. Contractor shall be responsible for site clean-up to the satisfaction of the Owner. 17. Contractor shall comply with the Cg!iforojg Storm Wgtor Boat Mgoggomont prgcticoa APPROVAL NOTES 1. All rock placement Is subject to observation by the Engineer. Contractor shall notify the Engineer at least twa (2) working days before the start of any work. 2. Approval of this plan applies only to the oxca110tian and placement of natural earth materials. This appra1101 does not confer any rights of entry to either public property or the prl110to property of others. Approval of this plan also does not constitute approval of any other improvements. Any other improvements are subject to review and approval by the responsible authorities and all ather required permits shall be obtained. 3. It shall be the responsibility of tho Contractor to identify, locate and protect all underground facilities. 4. The Contractor shall maintain the streets, sidewalks and all other public rights-of-way In a clean, safe and usable condition. All spills of soli, rock or construction debris shall be removed from the publicly owned property during construction and upon completion of the project. All adjacent property, prl110te or public shall be maintained In a clean, safe ond usable condition. .. 5. All rock placement shall conform to approved specifications presented hereon. All rock placement work and all imported armor stone shall be observed and approved by the Engineer or licensed Owner representative. Unobserved and unapproved grading work, rock placement, or importation shall be removed and replaced under observation. SPECIFICA TlONS SITE WORK 1. WORK INCLUDED The work covered by this section consists of furnishing all plant, labor, materials, equipment, supplies and Incidentals and performing all operations required to repair the Tu Casa revetment as shown on the drawings. 2. APPLICABLE PUBLICA TlON The following American Society for Testing and IAaterials (ASTM) Specification of the issue listed below, but referred to thereafter by basic designation only, forms a part of this specification to tho extent indicated by references thereto. Amerjcgn Sgcjaty for Testjng god Motcrjg!s (ASJM) Stqodgrd;s C127-78 Specific Gravity and Absorption of Coarse Aggregate 3. MOBILIZA liON AND DEMOBILIZA liON Mobilization shall consist of all work required In preparing the Contractor's plant and equipment for shipment: moving such plant, equipment, supplies and incidentals onto the job site and preparation for construction operations. The Contractor's plant and equipment proposed for use in the work shall be of sufficient size, capacity and efficiency to meet the job requirements and will be subject to approval by the Owner. Demobilization shall consist of all work required to remove tho Contractor's plant, equipment, unused supplies and Incidentals from the job site at the completion of the contract work, including cleaning up, and restoration of disturbed offsite areas. 4. MATERIALS 4.1 Ougl!ty of Stone -All stone shall be sound, durable, hard, free from laminations or cleavages, and of such character that it will not disintegrate from the action of air, sea water, or the conditions to be met In handling and placing. All stone shall be angular quarried material and stone shall have tho greatest dimension nat greater than 3 times the least dimension. Quarry operations shall include selective quarrying, screening or grlzzlying, handling, and loading to produce rock conforming to gradation requirements. Tho Contractor will not be granted any extension of time or extra compensation due to any delay caused by sampling or testing of material under the requirements of those specifications. 4.2 Source of ygtor!gla -Stone materials may be obtained from sources listed in subparagraph "Sources of Stone Materials", under paragraph "QUALITY CONTROL', or from any source proposed by the Contractor and approved by the Engineer In accordance with subparagraph "Materials" , under paragraph "QUALITY CONTROL·. The Contractor shall make all arrangements, pay all royalties and secure all permits necessary for furnishing, transporting and placing atone from any source. 4.3 ~ -Suitable tests and service records will be used to determine the acceptability of the stone materials. In the event suitable test reports and a service record, that are satisfactory to the Engineer, are not a110ilable, as In the case of newly operated sources, the material shall be subjected to such tests aa are necessary to determine Its acceptability for use In the work. Tests to which the materials may be sub )octed include petrographic analysis, specific gravity, abrasion, absorption, wetting and drying, and such other testing as may be considered necessary to demonstrate to tho satisfaction of the Engineer that the materials are acceptable for use in the worl<. All tests will be mode by or under the supervision of the Owner and at its expense. 4.4 Stone C!gaaea god Weighta -The minimum, overage and rnaximum stone weights for each class of stone shall be as listed below. The a-ago weight of tho total of the individual pieces of stone for each class shall nat be less than the listed average weight. Stone Typo Minimum A-age Maximum Size Range (ClliD). WAillhi WAillhi WAillhi (.tW). " 50 Jbs 80 lbs 200 Jbs 0. 75 to 1.25 - t/tn/n7 ----53 . ., - 4.5 4.6 Stone pensjty -All stone shall have a density of not less than 159 pounds per cubic foot. Stone average weights shown herein above are based on stone density of 165 pounds per cubic foot. Stone densities greater or lesser than 165 pounds per cubic foot may result In new stone weights as determined by the Engineer. The stone density shall be based on the saturated surface dry specific gravity of the stone determined In accordance with ASTM C127. filter fgbrjc -Geotextile filter fabric shall be Mlrafi 140N (or equivalent) as approved by the Engineer. 5. PLACEMENT 5.1 Ealldl;. -Two toyers of Geotextile fitter fabric shall be placed neat against the bottom of oil excavations to receive revetment fill. Individual rolls shalt be lapped a minimum of 24 inches at the seams and taped prior to filling. The top of the fitter fabric shall be secured by wrapping into the uppermost revetment stone Ioyer as approved by the Engineer in the field. 5.2 Silm. 5.2.1 !:i1MJ:a1. -The final limits of stone, in place, shalt be to the lines and grades Indicated on the drawings, with reasonable variation. No stone shall be placed or moved after original placement unless a representative of the Engineer is present. The Contractor shall exercise extreme core during placement operations so as to avoid disturbance of "well nested" existing or newly placed stones. Any stone that has rotted off of the groin, outside the design footprint Is to be replaced back upon the groin. 5.2.2 Method of Plgcement -the stones shall be carefully placed and set by placing or relocating with a crone, excavator, derrick or similar approved equipment. In general, the longitudinal axis of each outer stone shall be normal to the axis of the groin and shall slope downward toward tho toe of the groin. 5.2.3 Re!ected Stone -Rejected stone Is defined as stone not suitable as to quality or size as specified heroin. Any rejected stone will not be paid for and shalt be promptly removed from the job site at no expense to the Owner. Any rejected stone placed in the permanent work shall be removed by the Contractor at his expense and such stone shall be replaced with stone as specified. 6. TRUCK DEUVERY All stone delivered by truck shall be weighed and the scale tickets certified by authorized weighers provided by tho Contractor. All trucks used for delivering stone shall be plainly numbered. 7. QUAUTY CONTROL 7.1 Sgyrcos of Stgne Mgtorlgls -The Contractor shall designate in writing within 5 daye after award of the contract the sources or sources from which he witt furnish the stone to be Incorporated Into the work. Listing of sources in "Sources of Material" shalt not constitute representation by the Owner that the source or sources will produce the quantity or sizes required. 7.2 ~ -Material may be obtained from the sources Indicated above. If the Contractor proposes to furnish material from sources not listed and test reports or service records covering the materials from such sources that ore satisfactory to the Engineer ore not ovoiloble, the material will be tested by the Owner for quality to determine its acceptabillty for use In the work. When the Contractor desires to use materials from a source not listed, or If the Government elects to retest o source that is listed, suitable samples for quality evaluation shall be token by the Contractor under the supervision of the Engineer. Samples shall be delivered by the Contractor to tho Engineer. Sampling and shipping of samples shall be at the Contractor's expense. Listing of o source or sources shall not be construed as approval of all material obtained from that source or sources. The right Ia reserved to reject material produced from localized areas, zones. or strata when such materials ore unsuitable for Intended use. 7.3 Sgmplos god Jeatjng -Samples of material from one unlisted source, proposed by the Contractor, will be token and tested by and at the expense of the Owner if no materials data is available. Samples of moterfafs from additional sources, proposed by the Contractor, wf« be taken and tested by the Owner and the costs of such testing will be deducted from amounts due or to become due the Contractor. All work required to produce oamplea or material, representative of the proposed sources, shall be done by and at the expense of the Contractor, and the material, ready for sampling by the Owner, shall be made available at the proposed quarry site, at least 10 days in advance of the time when the placing of stone Is expected to begin. 7.4 lniRG1llm. -The Contractor shall establish and maintain quality control for all quarrying, loading and placing operations to assure compliance with contract requirements and maintain records of his quality control for all operations, Including, but not limited to the following: . . Quarrying stone Quality of furnished stone Placement methods Size and weight of stone, In place The records of such quality control and any corrective action taken to maintain contract compliance will be noted in the Contractor's Quality Control Report. None of the above requirements shall be construed as abrogating the rights of the Owner to inspect the work and to direct changes when required to conform to the drawings and specifications. 8. STAGING AREA FOR CONSTRUCTION 8.1 Overnight Stwgge-No overnight storage of equipment or materials shall occur on sandy beach. During construction stages of the project. the contractor shall not store any construction materials or waste where It will be or could be potentially be subject to wove erosion and dispersion. In addition no machinery shall be placed, stored or otherwise located In the Intertidal zone at any time, except for the minimum necessary to perform repairs to the groin and construct the public access path. Construction equipment shall not be washed on the beach. 8.2 Accoaa Corridors-Construction access corridors shall be located in a manner that has the least Impact on public access to and along the shoreline. 8.3 Work Qgtoa-No work shall occur on the beach during the summer between Memorial Day and Labor day of any year. 8.4 Staging Site-The staging site will be removed and or restored Immediately following completion of the development 9. CONSTRUCTION RESPONSIBILITY & DEBRIS REMOVAL 9.1 14a1oriala.-No construction materials, debris, or waste shall be placed or stored where It may be subject to wave erosion or dispersion (see section 1 1.1 ). 9.2 !lal!da:=. Any and all debris resulting from construction activities shall be removed from the beach within 7 days of completion of construction. 9.3 Smut::.. All excavated beach sand shall be redeposited on the beach at the erroded area adjacent to the property line wall. 9.4 ~ Sand from the beach, cobbles and natural shoreline rocks shall not be used for construction material. I 0 :; ... "' II " u -g., -a~ "'"' .::Jcb "' :t n ~ ~ .... :; ~ .., &! j ; ~ .... "' ~ ~ ~ ~ifi 0.-;; :r:!: ~i ~ .... ~:z: LU .Jd i::E ~ ~~p ~~~· ~ ~~s~ ~ ~ i5 F a - /10/07 ----· 54 . 4 - CITY OF CARLSBAD PlANNING COMMISSION Case Name: 1JJ ~ASA, R~\ff:11Y>eN I case No.: ~ur cq .. o~ Exhibit No.: A Date: ~3/~ I 0 OWNER TU CASA H.O.A. C/0 UNDSAY MANAGEMENT 6126 INNOVATION WAY CARLSBAD, CA 92009 (760) 436-1144 PLANNING HOFMAN PLANNING & ENGINEERING 3152 UONSHEAD AVENUE CARLSBAD, CA 9201 0 (760) 692-4100 ENGINEER I GEOLOGY GEOSOILS, INC. 5741 PALMER WAY /10 CARLSBAD, CA 92010 (760) 438-3155 "!, \ _<.\ ~ .. \,_\, " Q\ ' q ~., ' /•'' • vff..s-.. •.. / Vicinity Map No Scale - Project Summary Tu Casa Condominium 47 47 Marina Drive Carlsbad, CA 92008 Assessors Parcel Number 207-150-85 Total Site Acreage : .99 Acres Area of Proposed Work 0.12 Acres Residential Waterway (RW) Existing Zone I General Plan I Land Use Designation: Residential High Density Existing and Proposed Land Use Residential Carlsbad Water District 5950 El Camino Real Carlsbad, CA 92008 l~.,arlsbad ~ewer Ulst1nct 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad Unified School District 6225 El Camino Real Carlsbad, CA 92009 -"' 7/22/09 9/15/09 11/23/09 1/6710 ~~ • ~ . 0 ~ ~ ~ ~ w F I= r ...J (.!) I Z ~E :I:<( ua:: VJ O -;;; c: "' E c:: e ·;; c:: ..... ~ "' 0 '-' ~ ·c. 0 0 "' "' :3 ·c: .c ~ 0 "' "' UJ u :c ~ ~ ~ ~ 1-~ ! ~ ~ -- 0 .-0 N 0\ <( u -o "'Ill ..Olll "',... "i:M "' ' uco ., >."'' "' ' ~g ......... a. E "' l:l. ,... '<t ..... 11'1 .,,~ lit: .. 'ij c"' -.:: .. v;a o E ~.,; =s~.§ ~~~ "' z .... ::J u 1/10/07 .... ...... _,. 51 " 4 ..... BLDG. EXISTING CONDITION TUCASA EXISTING CONDITIONS SHORE PROTECTION LANDSCAPING ,-APPROXIMATE UMIT OF ZONE 'A', r / SPECIAL FLOOD HAZARD AREA PER / THE FLOOD INSURANCE RATE MAP No. 0607JC0764 F, DATED 6-19-1997 -+6' MSL P/L STORM DRAIN- 15' PUBUC ACCESS-, EASEMENT PER ' DOCUMENT NO. PROPOSED RESTACKED 7J-1JJ82J9 TUCASA SHORE PROTECTION ,-APPROXIMATE UMIT OF ZONE 'A', / THE FLOOD INSURANCE RATE MAP No. 0607JC0764 F, DATED 6-19-1997 ACCESS ROUTES ZONE 'Z', SPECIAL FLOOD HAZARD PER THE FLOOD INSURANCE TE MAP No. 0607JC0764 F, TED 6-19-1997 PLAN VIEW P/L UNJi 1 ---- - - _ PROPOSED TOE -"7 --I --I ---------------~~ -'----~------~ ------...... -----------..._ ...._-- ~OFFSITE WORK AREA r / SPECIAL FLOOD HAZARD AREA PER -+6' MSL ·-LARGER I STONES AT TOE -0' MSL -----...... -------"-------------~ '---EXIS17NG TOE 8 .JJGU.JJ GRAPHIC SCALE ~ 0 0 ~ ~ I ,_., 180.93' .r-lcD J OJVD .JJ I /j r:.~ _,---'--J o o ;V Section A-A' No Scale ~-~ I lliiiiliiiliiliiiiliiilii~l A 7" = 30' -" 7/22/09 9/15/09 11/23/09 1/6LJO ~ _J ;;..: I1'-<(Ol (Il ~.., II '-' ..!'-' u..r z IZ VJ~ i= <i= ..r u._ ~u._ w,...... <( I< >0 <(CD 0:: uo:: o!:::-0 VJO -...... 1/10/07 _. _ .... ... 52 .. 4 .... GENERAL NOTES 1. The •owner• shall be the Tu Casa HOA; the •Engineer• shall be GeoSoils Inc; and the ·contractor• shall be an Independent entity retained by the Owner to perform the work described herein. The Engineer has been retained by the Owner and Is not affiliated with the Contractor. 2. Unless otherwise directed by the Owner, the Contractor shall secure, at his expense, all permits, licenses, and consents necessary for the performance of the work described herein. 3. The Contractor shall verify all site conditions, locations and elevations prior to commencing work. Conditions, locations and elevations shown on the plans shall be considered approximate and shall be verified by the Contractor In the field. Any conflicts or discrepancies shall be brought to the attention of the Engineer and be resolved prior to commencement of the work. 4. The Contractor shall coordinate the work of all trades. 5. The Contractor shall exercise due care to preserve existing vegetation outside limits of grading. Contractor shall treat all disturbed areas with erosion control measures. 6. Contractor to remove and replace all Improvements damaged as a result of the work detailed In these plans to a condition equivalent to or better than existing conditions to the satisfaction of the Owner. This Includes, but is not necessarily limited to: fences, gates, and roads. 7. Contractor shall assume all responsibility for location and avoidance or repair of all underground utilities, Including, but not limited to, gas, water, electric, cable TV, telephone, sanitary sewer, and storm sewer. Contractor shall notify USA Underground and other appropriate authorities, Including public and private utility owners, of construction activities a minimum of two (2) working days prior to commencement of work. Contractor shall verify location and depth of all existing utilities whether shown on the drawings or not. If the contractor falls to adequately protect the utilities, any resulting damage shall be repaired at Contractor's cost. 8. All deleterious spoils from site excavations to be wasted off-site, or placed in an owner approved location on site. 9. In the event that any unusual conditions not covered by the plans or specifications are encountered during excavation operations, the Engineer shall be Immediately contacted for directions. It shall be the Contractors responsibility to Immediately notify the Engineer upon discovery of any field conflicts. 10. All work to be in accordance with the standard provisions of the City of Carlsbad, San Diego County and the latest edition of the State of California Standard Specifications. 11. The Contractor shall provide the Owner and Engineer with the name and telephone number of the responsible person to contact, with regard to this project, 24 hours a day. 12. While not anticipated, the Contractor shall provide adequate dust control at all times as required by the City. Any operation that creates excessive dust shall cease immediately until sufficient measures satisfactory to the City have been taken to Insure compliance with dust control requirements. 13. All work shall be subject to inspection and approval of the Owner and Engineer. 14. The Contractor agrees that they shall assume sole and complete responsibility for job site safety conditions during the course of construction of this project, including safety of all persons and property. that this requirement shall apply continuously and not be limited to normal working hours and that the Contractor shall defend, Indemnify and hold harmless the Owner and Engineer from any liability, real or alleged, in connection with the performance of the work on this project excepting for liability arising from the sole negligence of the Owner or the Engineer. 15. The Engineer shall be provided with at least two (2) working days advance notice of construction activities requiring Inspection services at (760) 438-3155 or FAX {760) 931-0915 16. Contractor shall be responsible for site clean-up to the satisfaction of the Owner. 17. Contractor shall comply with the Cglifornjg Storm Wgter Best Mgnggement prgctjces APPROVAL NOTES 1. All rock placement is subject to observation by the Engineer. Contractor shall notify the Engineer at least two (2) working days before the start of any work. 2. Approval of this plan applies only to the excavation and placement of natural earth materials. This approval does not confer any rights of entry to either public property or the private property of others. Approval of this plan also does not constitute approval of any other improvements. Any other Improvements are subject to review and approval by the responsible authorities and all other required permits shall be obtained. 3. It shall be the responsibility of the Contractor to identify, locate and protect all underground facilities. 4. The Contractor shall maintain the streets, sidewalks and all other public rights-of-way in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed from the publicly owned property during construction and upon completion of the project. All adjacent property, private or public shall be maintained In a clean, safe and usable condition. 5. CITV OF CARLSBAD All rock placement shall conform to approved specifications prfUJ\NfijfMO@{}JMMJ5~U9Pf:ement work and all Imported armor stone shall be obsen I'd and approved by the Engineer or licensed Owner representative. Unobserved and unapproved gradln b ~N!i~Ak placement, or Importation shall be removed and replaced under observation. Case No.: SPECIFICATIONS SITE WORK 1. WORK INCLUDED Exhibit No.: The work covered by this section consists of furnishing all plant, labor, materials, equipment, supplies and Incidentals and performing all operations required to repair the Tu Casa revetment as shown on the drawings. 2. APPUCABLE PUBUCA TION The following American Society for Testing and Materials (ASTM) Specification of the issue listed below, but referred to thereafter by basic designation only, forms a part of this specification to the extent Indicated by references thereto. Amerjcgn Socjety for Testing gnd Mgterjgls (ASJM) Stgndgrds C127-78 Specific Gravity and Absorption of Coarse Aggregate 3. MOBIUZA llON AND DEMOBIUZA llON Mobilization shall consist of all work required in preparing the Contractor's plant and equipment for shipment: moving such plant, equipment, supplies and Incidentals onto the job site and preparation for construction operations. The Contractor's plant and equipment proposed for use in the work shall be of sufficient size, capacity and efficiency to meet the job requirements and will be subject to approval by the Owner. Demobilization shall consist of all work required to remove the Contractor's plant, equipment, unused supplies and Incidentals from the job site at the completion of the contract work, Including cleaning up, and restoration of disturbed offsite areas. 4. MATERIALS 4.1 Qwllity of Stone -All stone shall be sound, durable, hard, free from laminations or cleavages, and of such character that It will not disintegrate from the action of air, sea water, or the conditions to be met In handling and placing. All stone shall be angular quarried material and stone shall have the greatest dimension not greater than 3 times the least dimension. Quarry operations shall Include selective quarrying, screening or grlzzlying, handling, and loading to produce rock conforming to gradation requirements. The Contractor will not be granted any extension of time or extra compensation due to any delay caused by sampling or testing of material under the requirements of these specifications. 4.2 Source of Mgterlgls -Stone materials may be obtained from sources listed In subparagraph ·sources of Stone Materials•, under paragraph •QUAUTY CONTROL', or from any source proposed by the Contractor and approved by the Engineer in accordance with subparagraph •Materials• , under paragraph •QUAUTY CONTROL•. The Contractor shall make all arrangt~ments, pay all royalties and secure all permits necessary for furnishing, transporting and placing stone from any source. 4.3 Qua11b. -Suitable tests and service records will be used to determine the acceptability of the stone materials. In the event suitable test reports and a service record, that are satisfactory to the Engineer, are not available, as In the case of newly operated sources, the material shall be subjected to such tests as are necessary to determine Its acceptability for use In the work. Tests to which the materials may be subjected Include petrographic analysts, specific gravity, abrasion, absorption, wetting and drying, and such other testing as may be considered necessary to demonstrate to the satisfaction of the Engineer that the materials are acceptable for use In the work. All tests will be made by or under the supervision of the Owner and at Its expense. 4.4 Stone Classes gnd Weights -The minimum, average and maximum stone weights for each class of stone shall be as listed below. The average weight of the total of the Individual pieces of stone for each class shall not be less than the listed average weight. Stone Type Minimum Average Maximum Size Range (Class) ~ ~ ~ (fu1l A 50 lbs 80 lbs 200 lbs 0.75 to 1.25 -.. 7/22/09 9/15/09 11/23/09 1/6/10 '! 0 c ...-"' 0 E N c 0\ .g c( > u c ... -c 16 rolfl .Cifl t;; "' ...-"' -;:::..., 0 ro ' '-' uCXI . ..., ... :>;'<f ·c;, ro • 0 ~g 0 "' ........ ..:> Qj . .E ;;; ... ro ·c: a.. -5 ...- ~ '<f 0 ..... Gl lfl ..:> ~ 2: • ~ ~ ~ 0 ::.: ~ ~ ~ ~ .... G:i ~ "t~ !! li" ... ijc'" li """ ~ on~~ E:~i ....... ~ ~~~ "' w z F .... ::J F 0 -- 1/10/07 ... --.., 53 " 4 ... .(' 4.5 Stone Density -All stone shall have a density of not less than 159 pounds per cubic foot. Stone average weights shown herein above are based on stone density of 165 pounds per cubic foot. Stone densities greater or lesser than 165 pounds per cubic foot may result in new stone weights as determined by the Engineer. The stone density shall be based on the saturated surface dry specific gravity of the stone determined in accordance with ASTM C127. 4.6 Delivered Mgtedgl -Material delivered to the site shall not contain any soil, foriegn debris, vegetation, nor seeds. 5. STONE PLACEMENT 5.1 Genergl -The final limits of stone, in place, shall be to the lines and grades indicated on the drawings, with reasonable variation. No stone shall be placed or moved after original placement unless a representative of the Engineer is present. The Contractor shall exercise extreme care during placement operations so as to avoid disturbance of ·well nested• existing or newly placed stones. Any stone that has rolled off of the groin, outside the design footprint is to be replaced back upon the groin. 5.2 Method of Placement -the stones shall be carefully placed and set by placing or relocating with a crane, excavator, derrick or similar approved equipment. In general, the longitudinal axis of each outer stone shall be normal to the axis of the groin and shall slope downward toward the toe of the groin. 5.3 ReJected Stone -Rejected stone is defined as stone not suitable as to quality or size as specified herein. Any rejected stone will not be paid for and shall be promptly removed from the job site at no expense to the Owner. Any rejected stone placed in the permanent work shall be removed by the Contractor at his expense and such stone shall be replaced with stone as specified. 6. TRUCK DEUVERY All stone delivered by truck shall be weighed and the scale tickets certified by authorized weighers provided by the Contractor. All trucks used for delivering stone shall be plainly numbered. 7. QUAUTY CONTROL 7.1 Soyrces of Stone Mgterigls -The Contractor shall designate In writing within 5 days after award of the contract the sources or sources from which he will furnish the stone to be incorporated into the work. Listing of sources in •sources of Material• shall not constitute representation by the Owner that the source or sources will produce the quantity or sizes required. 7.2 Mgterigls -Material may be obtained from the sources indicated above. If the Contractor proposes to furnish material from sources not listed and test reports or service records covering the materials from such sources that are satisfactory to the Engineer are not available, the material will be tested by the Owner for quality to determine Its acceptability for use In the work. When the Contractor desires to use materials from a source not listed, or if the Government elects to retest a source that is listed, suitable samples for quality evaluation shall be taken by the Contractor under the supervision of the Engineer. Samples shall be delivered by the Contractor to the Engineer. Sampling and shipping of samples shall be at the Contractor's expense. Listing of a source or sources shall not be construed as approval of all material obtained from that source or sources. The right Is reserved to reject material produced from localized areas, zones, or strata when such materials are unsuitable for Intended use. 7.3 Sgmples gnd Testing -Samples of material from one unlisted source, proposed by the Contractor, will be taken and tested by and at the expense of the Owner if no materials data is available. Samples of materials from additional sources, proposed by the Contractor, will be taken and tested by the Owner and the costs of such testing will be deducted from amounts due or to become due the Contractor. All work required to produce samples or material, representative of the proposed sources, shall be done by and at the expense of the Contractor, and the material, ready for sampling by the Owner, shall be made available at the proposed quarry site, at least 10 days in advance of the time when the placing of stone is expected to begin. 7.4 Inspection -The Contractor shall establfsh and maintain quality control for all quarrying, loading and placing operations to assure compliance with contract requirements and maintain records of his quality control for all operations, including, but not limited to the following: Quarrying stone Quality of furnished stone Placement methods Size and weight of stone, In place The records of such quality control and any corrective action taken to maintain contract compliance will be noted In the Contractor's Quality Control Report. None of the above requirements shall be construed as abrogating the rights of the Owner to Inspect the work and to direct changes when required to conform to the drawings and specifications. 8. STAGING AREA FOR CONSTRUCTION 8.1 Overnight Storgge-No overnight storage of equipment or materials shall occur on sandy beach. During construction stages of the project, the contractor shall not store any construction materials or waste where it will be or could be potentially be subject to wave erosion and dispersion. In addition no machinery shall be placed, stored or otherwise located In the Intertidal zone at any time, except for the minimum necessary to perform repairs to the groin and construct the public access path. Construction equipment shall not be washed on the beach. 8.2 Access Corridors-Construction access corridors shall be located in a manner that has the least Impact on public access to and along the shoreline. 8.3 Wor!s Dates-No work shall occur on the beach during the summer between Memorial Day and Labor day of any year. 8.4 Stgging Site-The staging site will be removed and or restored immediately following completion of the development 9. CONSTRUCllON RESPONSIBIUTY &: DEBRIS REMOVAL 9.1 Mgtodgls -No construction materials, debris, or waste shall be placed or stored where It may be subject to wave erosion or dispersion (see section 11.1 ). 9.2 Debris -Any and all debris resulting from construction activities shall be removed from the beach within 7 days of completion of construction. 9.3 SawL-All excavated beach sand shall be redeposited on the beach at the erroded area adjacent to the property line wall. 9.4 Cobbles -Sand from the beach, cobbles and natural shoreline rocks shall not be used for construction material. 9.5 Existing Mgn-mgde Mgterigls -Any existing man-made materials (i.e., concrete}, encountered dudng construction, shall be collected and removed from the site within seven (7} days. EARTHWORK QUANllllES Import: 25 cu.yds. (approximately 56 tons) Export: 0 cu.yds. Stones to be removed and replaced: 80 cu.yds. (approximately 176 tc1ns} CITY OF CARLSBAD PLANNING COMMISSION case Name: -U-+=-o _CA~6A,_.__._R.a:;.e ....... ve=-r.~...~.IOOJ.;;...a.::;&..:....;...T Case No.: _5~0;..;.f>_G_q,_._O __ fD ___ _ Exhibil No.: D _..;.. ___ _ Date: J.}?J/ODIO I I -.. 7/22/_09 9/15/09 11/23/()9 1/6/10 ~~ (!) ..J (!) Z :I:Z E ~E < :t:< 0::: (.)0::: 0 UlO ~ 0 c: .... Ill 0 e N c: 01 .g c( > u .fi ,; . -;;; tQt.n .co.n t:: Ill .... ... -;:,..., 0 tQ ' "-' uCIO . ,..., .... ="'"=" ·a. tQ ' 0 :;::5 c; !·" Ill ......... ~ Qj . .E -;;; .... tQ ·;: c.. ~ .... J!! "=" 0 ...... Ill .., ~ ~ • ~ -cc ~ c::i ~ a: ~ i ~ .... ffi ~ ... ,§ i! "'lis .. ·11 .. ~!iGtj ~ <i~..r ~ ~-~ ~ i2~;s ,:..: ~ z .... ::J I= 0 -- 1/10/07 ... ---84 • 4 ... STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 Th16a Filed: 8/15/14 270th Day: 5/12/15 Staff: B. Laver-SD Staff Report: 1/22/14 Hearing Date: 2/12/15 STAFF REPORT: REGULAR CALENDAR Application No.: 6-14-0351 Applicant: Tu Casa HOA Agent: David Skelly Location: 4747 Marina Drive, Agua Hedionda, Carlsbad, San Diego County. APN 207-150-85 Project Description: Repair and maintenance of an existing revetment by relocating dislodged rocks back onto revetment, placement of a maximum of 14.6 cubic yards of new rock, and after-the-fact approval of a maximum of 10.4 cubic yards of new rock. Staff Recommendation: Approval with Conditions SUMMARY OF STAFF RECOMMENDATION Staff is recommending approval of the subject development with several special conditions addressing public access and recreation, coastal water quality, and biological resources. The primary concern associated with the proposal is that the revetment, as it exists today, has fallen into disrepair, and numerous stones have migrated off the revetment and into 6-14-0351 (Tu Casa HOA) 2 an existing lateral public access easement. As proposed, the revetment will be completely removed from the public access easement, and the proposed minimal amount of new rock will not expand the footprint of the revetment. However, the revetment was constructed prior to passage of the Coastal Act, and is necessary to protect an existing condominium structure. The proposed work is necessary maintenance and repair with only minimal augmentation. The new rock includes larger toe stones that will allow the revetment to be shored up at a steeper slope, at least two feet inland of the access easement, which will allow for some settling of the revetment rock without encroaching into the access easement. As such, the project will not result in any new or expanded impacts to public access or shoreline sand supply, and will improve the immediate and long-term public access and recreation opportunities over existing conditions. Additional potential concerns include impacts to water quality, eelgrass habitat located within the general project site, introduction of invasive species caulerpa taxfolia, and future encroachment of the revetment within the public access easement. To prevent these potential impacts, Commission staff recommends fourteen special conditions that would require (1) final plans, (2) a long-term revetment monitoring program to avoid further encroachment of the revetment on the beach, (3) a public access sign program to inform the public of the existing public access easement, (4) maintaining the existing revetment in its approved state, (5) no future seaward extension of the existing revetment, (6) as-built plans to identify permanent benchmarks of the shoreward limits of the revetment for monitoring and future maintenance, (7) assumption of risk as the site may be subject to coastal hazards, (8) recordation of a deed restriction or a CC&R’s modification to memorialize the findings and conditions of this permit, (9) an invasive species survey to determine if the invasive alga Caulerpa taxifolia is present in the project area, (10) eelgrass mitigation and monitoring to avoid impacts to the nearby eelgrass habitat, (11) providing all other required local, state, or federal discretionary permits, (12) consulting the Coastal Commission if site conditions warrant any changes to the approved work, (13) a construction plan identifying construction methods and timing that avoid impacts to biological resources and public access, (14) identification of the disposal site for any export material or construction debris, and (15) compliance with all prior to commencement of construction conditions within 180 days of Commission action on this permit application. Therefore, Commission staff recommends approval of coastal development permit application 6-14-0351 as conditioned. The motion and resolution can be found on page 4. 6-14-0351 (Tu Casa HOA) 3 TABLE OF CONTENTS I. MOTION AND RESOLUTION………………………………………….. 4 II. STANDARD CONDITIONS……………………………………………….4 III. SPECIAL CONDITIONS………………………………………………….. 5 IV. FINDINGS AND DECLARATIONS…………………………………….11 A. PROJECT DESCRIPTION…………………………………………………………11 B. GEOLOGIC CONDITIONS AND HAZARDS...………………………………………12 C. PUBLIC ACCESS/RECREATION……….…………………………………………14 D. BIOLOGICAL RESOURCES/WATER QUALITY……………………………………18 E. UNPERMITTED DEVELOPMENT…………………………………………………20 F. LOCAL COASTAL PLANNING …………..……………………………………….21 G. CALIFORNIA ENVIRONMENTAL QUALITY ACT…..………………………………21 APPENDICES Appendix A – Substantive File Documents EXHIBITS Exhibit 1 – Vicinity Map Exhibit 2 – Aerial View Exhibit 3 – Unpermitted Development Exhibit 4 – Site Plan Exhibit 5 – Site Photos 6-14-0351 (Tu Casa HOA) 4 I. MOTION AND RESOLUTION Motion: I move that the Commission approve Coastal Development Permit Application No. 6-14-0351 subject to the conditions set forth in the staff recommendation. Staff recommends a YES vote on the foregoing motion. Passage of this motion will result in conditional approval of the permit and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. Resolution: The Commission hereby approves coastal development permit 6-14-0351 and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. II. STANDARD CONDITIONS This permit is granted subject to the following standard conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent of interpretation of any condition will be resolved by the Executive Director or the Commission. 6-14-0351 (Tu Casa HOA) 5 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. SPECIAL CONDITIONS This permit is granted subject to the following special conditions: 1. Final Plans. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicants shall submit to the Executive Director for review and written approval, final plans for the permitted development. Said plans shall be in substantial conformance with the revised plans submitted by Geosoils, Inc., dated January 5, 2015. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without an amendment to the coastal development permit unless the Executive Director determines that no amendment is legally necessary. 2. Long-Term Monitoring Program. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for review and written approval of the Executive Director, a long-term monitoring plan for the existing and approved shoreline protection. The purpose of the plan is to monitor and identify damage or changes to the revetment such that repair and maintenance is completed in a timely manner to avoid further encroachment of the revetment on the beach. The monitoring plan shall incorporate, but not be limited to the following: a. An evaluation of the current condition and performance of the revetment, addressing any migration or movement of rock which may have occurred on the site and any significant weathering or damage to the revetment that may adversely impact its future performance. b. Measurements taken from the benchmarks established in the survey as required in Special Condition No. 6 of CDP #6-14-0351 to determine settling or seaward movement of the revetment. Changes in the beach profile fronting the site shall be noted and the potential impact of these changes on the effectiveness of the revetment evaluated. c. Recommendations on any necessary maintenance needs, changes, or modifications to the revetment to assure its continued function and to assure no encroachment beyond the permitted toe. 6-14-0351 (Tu Casa HOA) 6 d. An agreement that the permittee shall apply for a coastal development permit within 90 days of submission of the report for any necessary maintenance, repair, changes or modifications to the project recommended by the report that require a coastal development permit and to implement the repairs, changes, etc. approved in any such permit. The above-cited monitoring information shall be summarized in a report, prepared by a licensed engineer familiar with shoreline processes, submitted to the Executive Director for review and written approval. The report shall be submitted to the Executive Director and the City of Carlsbad Engineering Department yearly after each winter storm season but prior to the 1st of May, starting with May 1, 2015 for the first 5 years after completion of construction. After the completion of five (5) annual reports monitoring will be lessened to once every five (5) years, beginning May 1, 2020. Monitoring once every five (5) years shall continue throughout the life of the revetment or until the revetment is removed or replaced under a separate coastal development permit. The permittee shall undertake development in accordance with the approved monitoring program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Public Access Sign Program. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit for review and written approval of the Executive Director, a public access sign program that includes the following: a. The “Private Property, No Trespassing” sign, identified in Exhibit 3 of this staff report, shall be permanently removed. b. A public access sign of Commission-approved design informing the public of the existing public access easement fronting the existing revetment shall be installed in an easily visible location at the easternmost end of the revetment. The permittee shall undertake the development in accordance with the approved program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur without a Coastal Commission- approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Future Maintenance. The applicant shall maintain the existing revetment in its approved state. Any change in the design of the revetment or future additions/reinforcement of the revetment beyond exempt maintenance as defined in Section 13252 of Title 14 of the California Code of Regulations to restore the structure to its original condition will require a coastal development permit. However, in all cases, if after inspection, it is apparent that repair and maintenance is necessary, the applicant shall contact the Executive Director to determine whether a coastal development permit or an amendment to this permit is legally required, and, if 6-14-0351 (Tu Casa HOA) 7 required, shall subsequently apply for a coastal development permit or permit amendment for the required maintenance. 5. No Future Seaward Extension of Shoreline Protective Devices. By acceptance of this permit, the applicant agrees, on behalf of itself and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the existing shoreline protective device, shall be undertaken if such activity extends the footprint seaward of the existing device. By acceptance of this permit, the applicant waives, on behalf of itself and all successors and assigns, any rights to such activity that may exist under Public Resources Code Section 30235. 6. As-Built Plans. Within 60 days of completion of the project, or within such additional time as the Executive Director may grant for good cause, the applicant shall submit as-built plans for the approved revetment and associated structures and submit certification by a registered civil engineer, acceptable to the Executive Director, verifying the revetment and associated structures have been constructed in conformance with the approved plans for the project (the revised plans submitted by Geosoils, Inc., dated January 5, 2015). The plans shall identify at least three permanent benchmarks from fixed reference point(s) from which the elevation and seaward limit of the revetment can be referenced for measurements in the future. 7. Assumption of Risk, Waiver of Liability and Indemnity Agreement. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from storm waves, flooding, and erosion; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission’s approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 8. Deed Restriction/CC&R’s Modification. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant homeowners’ association (HOA) shall do one of the following: a. Submit to the Executive Director for review and approval documentation demonstrating that the applicant has executed and recorded a deed restriction in a manner that will cause said deed restriction to appear on the title to the individual condominium units, and otherwise in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property; and (2) imposing the Special Conditions of this permit, as they apply to the HOA, as covenants, conditions and restrictions on the use and enjoyment of the individual condominium units. The deed restriction shall include a legal description of the 6-14-0351 (Tu Casa HOA) 8 entire parcel or parcels against which it is recorded. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property, or; b. Modify the condominium association’s Declaration of Restrictions or CC&Rs, as applicable, in a form and content acceptable to the Executive Director, to reflect the obligations imposed on the homeowners’ association by the special conditions of CDP #6-14-0351. This addition to the CC&Rs shall not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit. 9. Invasive Species. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall provide evidence that the proposed revetment work can occur without the risk of spreading the invasive green alga Caulerpa taxifolia as follows. a. Not earlier than 90 days nor later than 30 days prior to commencement or re- commencement of any construction activities authorized under this coastal development permit, the applicant shall undertake a survey of the project area, all other areas where the bottom could be disturbed by project activities, and a buffer at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. b. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the National Marine Fisheries Service. c. Within five (5) business days of completion of the survey, the applicant shall submit the survey: 1. For the review and written approval of the Executive Director; and 2. To the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT), via the California Department of Fish and Wildlife or the National Marine Fisheries Service. 3. If Caulerpa is found, then the NMFS and DFW contacts shall be notified within 24 hours of the discovery. d. If Caulerpa is found, the applicant shall, prior to the commencement of any construction activities, provide evidence to the Executive Director for review and written approval either that the Caulerpa discovered within the project or buffer area has been eradicated or that the project has been revised to avoid any contact 6-14-0351 (Tu Casa HOA) 9 with Caulerpa. No changes to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 10. Other Permits. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicants shall provide to the Executive Director copies of all other required local, state, or federal discretionary permits for the development authorized by CDP #6-14-0351. The applicants shall inform the Executive Director of any changes to the project required by other local, state, or federal agencies. Such changes shall not be incorporated into the project until the applicants obtain a Commission amendment to this permit, unless the Executive Director determines that no amendment is legally required. 11. Eelgrass Mitigation and Monitoring. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall submit, for review and written approval of the Executive Director, an eelgrass mitigation and monitoring plan that includes at a minimum the following: a. Performance of a pre-construction eelgrass survey of the project area by a qualified biologist less than 72 hours before the start of the proposed revetment work in order to establish the location of all eelgrass habitat. b. Marking the location of all eelgrass habitat found in the pre-construction survey. The contractor shall avoid impacting these areas during the proposed revetment work. c. Performance of a post-construction eelgrass survey of the project area by qualified personnel no more than 30 days after the completion of the work to determine if any eelgrass habitat was impacted by construction activities. d. Performance of mitigation if it is determined by the post-construction eelgrass survey that there has been a loss of eelgrass habitat. This mitigation must be performed in accordance with and subject to the requirements of the Southern California Eelgrass Mitigation Policy (1:1.2 ratio). The permittee shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 12. Project Modifications. Only that work specifically described in this permit is authorized. Any additional work requires separate authorization from the Commission or Executive Director, if appropriate. If, during construction, site conditions warrant changes to the project, the San Diego District office of the Coastal Commission shall be contacted immediately and before any changes are made to the project in the field. No changes to the project shall occur without an amendment to this coastal 6-14-0351 (Tu Casa HOA) 10 development permit unless the Executive Director determines that no amendment is legally required. 13. Final Construction Plans. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicants shall submit to the Executive Director for review and written approval, final construction plans for the approved development. Said plans shall be in substantial conformance with the revised plans submitted by Geosoils, Inc., dated January 5, 2015, and shall incorporate but not be limited to the following construction methods and responsibilities: a. All equipment shall be removed from the beach areas overnight and during any tidal condition that may inundate work areas. b. Construction staging and access corridors shall not impede public access to or along the shoreline, to the maximum extent feasible, and the staging site and access corridors shall be removed and restored immediately upon completion of construction. c. New rock shall only be brought in as needed, not to exceed 14.6 cubic yards. d. A 5-foot buffer line shall be staked and flagged from existing eelgrass beds to protect them in place. e. Spill prevention measures for construction equipment shall be identified and implemented as necessary. f. No work shall occur between Memorial Day and Labor Day of any year. The permittee shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 14. Disposal of Export Material/Construction Debris. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, the applicant shall identify the location for the disposal of any export material and construction debris. 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 before disposal takes place. 15. Condition Compliance. Within 180 days of Commission action on this coastal development permit application, or within such additional time as the Executive Director may grant for good cause, the applicant shall satisfy all requirements specified in the conditions hereto that the applicant is required to satisfy prior to commencement of construction. Failure to comply with this requirement may result in the institution of enforcement action under the provisions of Chapter 9 of the Coastal Act. 6-14-0351 (Tu Casa HOA) 11 IV. FINDINGS AND DECLARATIONS A. PROJECT DESCRIPTION/SITE HISTORY The project consists of maintenance work to repair an existing rock revetment on the beach fronting an existing 30-unit condominium complex known as Tu Casa, located on the north shore of Agua Hedionda Lagoon, just east of Bristol Cove in the City of Carlsbad (Exhibit 1 and Exhibit 2). The revetment was originally constructed prior to enactment of the Coastal Act. The work includes the removal of rock that has migrated vertically down the shore slope into Agua Hedionda Lagoon and replacement of the rock on a steepened shore face. Some of the rock will be reused, while some of the material will be removed and replaced with larger revetment stone to prevent further lagoon-ward movement of rock. The work also includes the importation and placement of a maximum of 14.6 cubic yards of new rock, and after-the-fact approval of approximately 10.4 cubic yards of rock that was placed on the site sometime during the years of 1998-1999. As proposed, all rock will be removed from an existing lateral public access easement that is located in front of the revetment (Exhibit 4). The area of proposed work totals approximately 0.12 acres. The revetment is on the southerly side of the Tu Casa Condominium development that faces onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent further erosion. The project site is surrounded by residential multifamily units to the north, Agua Hedionda lagoon to the south, open space in the form of a sandy beach at low tide as part of a developed multifamily project to the east, and a waterway of the entrance to Bristol Cove to the west. While the project is located in the inner basin of Agua Hedionda Lagoon, the revetment is proposed to protect the existing structure from erosion and waves, mostly formed through the wakes created by recreational boating and wind. Construction of the existing condominium development was approved by the Coastal Commission in June 29, 1973 (ref. CDP No. F0201). A lateral public access easement was required by the City and the Commission as a condition of approval for the condominium development. The easement area is 15 feet wide, located on the southwesterly portion of the lot, and adjacent to the lagoon waters (Exhibit 2). The easement was recorded in 1973 and is currently held by the City of Carlsbad. However, the original revetment itself was constructed during the construction of Bristol Cove, a man-made cove constructed prior to enactment of the Coastal Act, prior to development of the condominium development. Bristol Cove is developed with several condominium complexes, such as Tu Casa, lining Cove Drive, Park Drive, and Marina Drive. Sometime during the years of 1998-1999, a maximum of 10.4 cubic yards of rock was added to the existing revetment (Exhibit 3). The applicant has indicated that the rock may have been added when neighbors undertook a revetment repair project approved by the Coastal Commission for a revetment immediately adjacent to the subject site and within Bristol Cove (ref. CDP No. 6-98-051). However, this permit did not authorize placement of rock on the subject revetment. The additional rock is generally discernable by being 6-14-0351 (Tu Casa HOA) 12 slightly greater in size than the existing stones, although the precise amount added is unknown. The applicant has submitted two previous CDP applications that would have addressed the issues of the dislodged rock encroaching on the public access easement and the unpermitted rock. The first was submitted on June 11, 2007 and proposed repair and maintenance including the importation and placement of approximately 10 tons of new rock at the toe of the existing revetment to support a steepened face (ref. CDP No. 6-07-069). However, the application was closed and returned to due inactivity on March 25, 2009. The second was submitted on February 24, 2010 and similarly proposed repair and maintenance including the importation and placement of approximately 25 cubic yards of new rock at the toe of the existing revetment to support a steepened face (ref. CDP No. 6- 10-016). The proposal also included an after-the-fact request for approval of the previous augmentation to the existing revetment without benefit of a coastal development permit, and would have removed all revetment rock from the access easement. The proposal was approved with conditions at the January 2012 Commission meeting. However, the “prior to issuance” conditions were never completed by the applicant, thus the permit was never released or vested and expired on January 11, 2014. As such, the unpermitted development is still currently outstanding. Agua Hedionda is one of six segments of the City of Carlsbad’s LCP. While most of the City’s coastal zone has a fully certified LCP, with the City issuing coastal development permits, an implementation program for the Agua Hedionda segment has not yet been certified. Thus, permit responsibility remains with the Commission, and Chapter 3 of the Coastal Act is the standard of review, with the certified Agua Hedionda Land Use Plan used as guidance. B. GEOLOGIC CONDITIONS AND HAZARDS Section 30235 of the Coastal Act addresses shoreline protective devices, and states: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger of erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. The Tu Casa condominium complex relies on the existing rock revetment for protection against erosion and wave damage, although the revetment was constructed prior to the construction of the existing structure. The proposed development is repair and maintenance work to the existing revetment with minimal augmentation as a significant amount of the rocks have dislodged from the revetment, thus undermining its structural integrity. The dislodged rocks are now located on the remaining lagoon front and are encroaching upon the beach and affecting the public’s access along the lagoon at this location (Exhibit 5). The proposed maintenance is intended to ensure that the existing revetment continues to protect the existing residential condominium structures and to 6-14-0351 (Tu Casa HOA) 13 remove the existing encroachment on the public access easement. The applicant proposes to import an additional 14.6 cubic yards of new rock consisting of larger toe stones, as much of the dislodged rocks have settled into the mud in front of the revetment, and thus it is unclear if there is sufficient rock to complete the proposed project without a minor amount of imported rock until construction actually begins. In reviewing requests for shoreline protection, the Commission must assess both the need to protect private residential development and the potential adverse impacts to public resources associated with construction of such protection. A number of adverse impacts to public resources are associated with the construction of shoreline structures. These include loss to the public of the sandy beach area that is displaced by the structure, "permanently" fixing the back of the beach, which leads to the narrowing and eventual disappearance of the beach in front of the structure, sand loss from the beach due to wave reflection and scour, accelerated erosion on adjacent unprotected properties, and the adverse visual impacts associated with construction of a shoreline protective device on the contrasting natural shoreline. However, in this case the subject site is located on the inner basin of Agua Hedionda Lagoon, and the shoreline is not composed of beach quality sand. Additionally, because of its location on the inner basin, reflection and scour impacts are minimal as the area is not subject to the wave velocities associated with standard or storm ocean waves. Furthermore, in this particular case, the back of the beach is already fixed, and the proposed repair and maintenance of this pre-Coastal Act revetment will result in more sandy beach area becoming available to the public, as the encroachment on the access easement will be removed and restored to its original configuration. Thus, no new or additional impacts to shoreline sand supply are expected to result from the proposed maintenance. The Commission's staff engineer has reviewed the proposed project and technical reports and concurs that the existing upland residential structure is subject to threat and that the proposed revetment repairs are necessary to protect the existing condominium structure, are the minimum required, and have been designed appropriately to address both scour depth and sea level rise and thus, as proposed, will adequately protect the existing structure, consistent with Section 30235 of the Coastal Act. Nonetheless, the Commission recognizes the inherent risk of shoreline development. The revetment will be subject to wave action, however minimal due to its location, thus there is a risk of damage to the revetment or damage to property. Therefore, Special Condition No. 7 requires that the applicant acknowledge these risks and indemnify the Commission against claims for damages that may be brought by third parties against the Commission as a result of its approval of this permit. While the applicant has submitted preliminary project plans, Special Condition No. 1 requires the submission of final plans for the review and written approval of the Executive Director, to ensure they are in substantial conformance with the preliminary plans. To assure the proposed development has been constructed properly, Special Condition No. 6 requires that, within 60 days of completion of the project, as built-plans and certification by a registered civil engineer be submitted that verify the proposed revetment repairs have been completed in accordance with the approved plans and that 6-14-0351 (Tu Casa HOA) 14 benchmarks be identified from fixed reference point(s) from which the elevation and seaward limit of the revetment can be measured in the future. Special Condition No. 14 requires the applicant to identify a permitted disposal site in the event that any export of rock or construction debris is necessary. Special Condition No. 2 requires the applicant to submit annual monitoring reports to the Commission to determine settling or seaward movement of the revetment to ensure the revetment continues to be configured to minimize impacts to public access, utilizing the benchmarks determined with Special Condition No. 6. Typically, the Commission requires rock revetments along the ocean to be monitored annually as they are subject to storm waves and can be damaged. However, in this case, the Commission is only requiring annual reporting for the first five years, and every fifth year beyond that, as the revetment is not subject to typical ocean scour. Special Condition No. 8 requires the applicant to record a deed restriction imposing the conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the property. Because the subject property includes multiple owners comprising a Home Owners Association (HOA) the standard language for the deed restriction would require each individual property owner to record its own deed restriction which could be an arduous and expensive responsibility; as such, Special Condition No. 8 provides a second option to amend the HOA’s Covenants, Conditions, and Restrictions (CC&R’s) to incorporate the findings and conditions of the subject permit, thereby memorializing the findings and requirements of this permit and providing specific notice of permit requirements to owners and potential buyers of the condominium units. All of these special conditions will ensure that the revetment remains in a configuration that can be considered to minimize impacts to coastal resources, consistent with the Chapter 3 policies of the Coastal Act. In summary, the Commission finds that the applicant has demonstrated that the existing primary structures continue to be subject to threat from wave action and erosion and that the proposed repair and maintenance of the existing revetment is the minimum necessary to assure continued protection. Therefore, the Commission finds that the proposed repair project, as conditioned, is consistent with Section 30235 of the Coastal Act. C. PUBLIC ACCESS/RECREATION The following Coastal Act policies address the protection of public access and recreation. Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. 6-14-0351 (Tu Casa HOA) 15 Section 30211 of the Coastal Act states: Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Section 30212 of the Coastal Act states, in part: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or, (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. Section 30214 of the Coastal Act states, in part: (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: (1) Topographic and geologic site characteristics. (2) The capacity of the site to sustain use and at what level of intensity. (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses. (4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter. Pursuant to these sections of the Coastal Act, the certified Agua Hedionda Land Use Plan (which the Commission uses for guidance) contains a detailed set of public access policies that state, in part: Policy 7.3 All pedestrian trails shall be constructed to a minimum width of 5 feet. Combination bicycle/pedestrian easements and lateral easements shall be a minimum of 25 feet in width. Policy 7.6 6-14-0351 (Tu Casa HOA) 16 Access to and along the north shore of the lagoon shall be made continuous, to the maximum extent feasible, and shall be provided as a condition of development for all shorefront properties. All accessways shall be designed in such a manner as to allow for reasonable use by any member of the general public, and shall be designed to accommodate bicycle as well as pedestrian use.... Policy 7.8 All accessways should be designed to enhance recreational use, and should include adequate open spaces for light and air, adequate signing, inviting design, and provision of adequate buffer areas and buffer landscaping to minimize conflicts with adjacent private property. Policy 7.9 All public use areas shall be clearly identified through a uniform signing program, to be carried out by the City of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property, which might deter use of public access areas, shall be prohibited within the Agua Hedionda Plan area. As previously discussed, there are a number of adverse impacts to public resources associated with the construction of shoreline protective structures including loss to the public of the sandy beach area that is displaced by the structure, “permanently” fixing the location of the back of the beach, and narrowing and eventual disappearance of the beach in front of the structure. The proposed repair and maintenance will extend the life of the existing revetment, and therefore, also extend any associated impacts to public access. However, by the nature of riprap revetments on the beach, it is recognized that periodic maintenance will be necessary. Some of the stones from the existing revetment have rolled off the revetment and others have been moved around and repositioned by waves, such that the revetment is no longer providing adequate protection for the upland residential structures, and is impeding lateral public access. The proposed project will pull back the rock that has migrated beyond the original revetment footprint, thus removing some of the existing access obstruction on the beach and all of the encroachment in the public access easement. However, there are a number of remaining concerns regarding impacts to public access. These concerns include that the revetment, both pre- and post-construction, is located on a public beach that may otherwise be utilized by beach goers for access or recreational activities. As noted, sometime in the late 1990’s a maximum of 10.4 cubic yards of additional rock was added to the revetment, without benefit of a coastal development permit, further exacerbating these impacts. Lastly, the revetment has fixed the back of the beach at this location and prevented natural beach processes. In this case, the rock revetment not only takes up beach area that could otherwise be used for public access and 6-14-0351 (Tu Casa HOA) 17 recreational opportunities, it also effectively eliminates the beach area in front of the revetment. Currently, the revetment is approximately 182 feet long and 30 feet wide and thus is taking up a significant area, some of which is public beach. As previously mentioned, sandy beach at this location is limited. The lagoon waters often come up beyond the toe of the revetment, limiting public beach access at this location to times of low tide (Exhibit 5). Nonetheless, it is clear that the revetment is impeding the natural shoreline processes by fixing the location of the beach, and preventing the natural migration of the beach inland. The property directly to the east is not protected by any type of shoreline protective device, and both the tidal influence and beach area are located further inland (Exhibit 2). Because the beach hasn’t been able to migrate naturally, currently the subject revetment has served to limit the sandy beach available to the public in front of the revetment to times of lower tides. It can be anticipated that sometime in the future the sandy beach area in front of the revetment will be eliminated completely. However, as discussed above, the existing pre-Coastal Act revetment is necessary to protect an existing structure. The project also includes the reconfiguration of the revetment by adding some new larger rocks at the toe of the revetment. The applicant had originally proposed to construct a cutoff wall and move all rocks larger than 6 inches in diameter that were located in front of the cutoff wall off-site, but has since modified the proposal to more effectively address the existing encroachment on the public access easement. As revised to incorporate the large toe stones, the revetment will be shored up at a steeper slope, supported by the larger stones, thus allowing all revetment rock to be removed from the access easement. In addition, as modified, the revetment will be located at least two feet inland of the access easement to allow for some expected settling of the revetment rock without encroaching into the access easement. As such, the project will improve the immediate and long-term public access and recreation opportunities compared to existing conditions. The scale of the proposed work is limited repair and maintenance typically associated with rock revetments and does not consist of rebuilding or substantially altering the revetment. While some impacts to public access remain, as the revetment will still be on the beach, the proposed project will not result in any more impacts to public access and recreation than that of the original pre-Coastal Act revetment, and will improve the current situation considerably. Until recently, there was a “Private Property, No Trespassing” sign located on the eastern end of the revetment, near the public access easement, that was placed without benefit of a coastal development permit (Exhibit 3). The Agua Hedionda LUP has a very clear policy that prohibits any signage which might deter the use of public access areas, as stated above. After discussions with Commission staff, the applicant removed the sign. Special Condition No. 3 requires the applicant to submit a public access sign program that includes permanent removal of this sign and installation of a new public access sign that clearly informs the public of the existing public access easement fronting the revetment. 6-14-0351 (Tu Casa HOA) 18 No impacts to public access are expected during construction, as the applicant has proposed to limit construction timing to outside of the prime beach-going months, from Memorial Day to Labor Day of any year. Additionally, as proposed, construction staging and access corridors will not impede public access to or along the shoreline to the maximum extent feasible, and the staging site and access corridors will be removed and restored immediately upon completion of construction. Special Condition No. 13 requires that these construction responsibilities and timeline be implemented. To further prevent future impacts to public access, Special Condition Nos. 4 and 5 have been added. Special Condition No. 4 requires the applicant to maintain the revetment in its approved condition. The condition also indicates that, should it be determined that additional maintenance of the proposed structures is required in the future, the applicant shall contact the Commission to determine if permits for such maintenance are required. Special Condition No. 5 requires the applicant to waive any rights that might exist for future seaward extension of the revetment. In addition, Special Condition No. 10 requires the applicant to submit a copy of any required permits from other local, state, or federal agencies to ensure that no additional requirements are placed on the applicants that could require an amendment to this permit. Therefore, as conditioned, the proposed revetment maintenance project can be found consistent with the applicable policies of the Coastal Act and of the certified LUP. D. BIOLOGICAL RESOURCES/WATER QUALITY Section 30230 of the Coastal Act addresses protection of biological resources, and states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act addresses protection of coastal water quality, and states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained, and where feasible, restored, through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. The work to the revetment could result in impacts to both water quality and biological resources. The revetment is located in a lagoon where the invasive caulerpa taxfolia has been previously found and is known to be vegetated with eelgrass beds. Eel grass beds 6-14-0351 (Tu Casa HOA) 19 have long been reported to provide crucial fish nursery ground and, as such, any impacts to eel grass beds would require specific mitigation, and the further introduction of Caulerpa must be prevented. Specifically, the proposed project will potentially result in impacts to water quality as a result of beach disturbance during the revetment maintenance activities. There is also the potential for petroleum discharges to the lagoon associated with mechanized equipment. However, construction equipment would access the site from an existing disturbed beach access at the foot of Bayshore Drive located approximately 600 feet east of the project site. Construction work would occur during low tides and equipment would be removed from the intertidal zone during high tide periods. In addition, the project, as proposed, includes requirements to 1) remove all equipment from the beach areas overnight and during any tidal condition that may inundate working areas; 2) bring in only rock needed for the project; 3) stake a 5-foot buffer from existing eelgrass beds; and 4) prevent spills from construction equipment. Therefore, it is anticipated that water quality impacts will be limited to only minor disturbance of beach sediments and limited short-term elevation of turbidity levels, as exposed fine sediments are released from the sands and gravels of the beach, consistent with Section 30231 of the Coastal Act. Special Condition No. 13 requires implementation of this construction plan. Potential impacts to eelgrass can occur as a result of equipment maneuvering on the beach or excessive displacement of shoreline sands and sediments during construction activities. However, as mentioned, the eelgrass is proposed to be protected in place by staking out a 5-foot buffer area. In addition, the applicant submitted a biological resources assessment dated October 2009 with CDP No. 6-10-016 for which a survey of eelgrass beds was conducted and concluded that there are eelgrass beds located outside and immediately adjacent to the shoreline area on which the work is anticipated to occur. However, it is unlikely that the proposed project will impact the eel grass beds directly, as they are not located in any of the identified work areas. However, since the submitted study is not current, to further ensure impacts to eelgrass are avoided, Special Condition No. 11 requires the application to conduct a pre-construction survey to re-establish the location of existing eelgrass beds, as well as a post-construction survey to determine if any eelgrass habitat was impacted by the repair and maintenance activities. If the reports indicate impacts to eelgrass, mitigation in the form of restoration at a 1.2:1 ratio of eelgrass beds is required. Lastly, the proposed project is located within an area known to be affected by the invasive species Caulerpa taxfolia. Caulerpa is a tropical green marine alga that is popular in the aquarium trade because of its attractive appearance and hardy nature. This seaweed spreads asexually from fragments and creates a dense monoculture displacing native plant and animal species. Because of the grave risk to native habitats, in 1999 Caulerpa was designated a prohibited species in the United States under the Federal Noxious Weed Act. AB 1334, enacted in 2001 and codified at California Fish and Game Code Section 2300, forbids possession of Caulerpa. In June 2000, Caulerpa was discovered in Aqua Hedionda Lagoon, and in August of that year an infestation was discovered in Huntington Harbor in 6-14-0351 (Tu Casa HOA) 20 Orange County. Genetic studies show that this is the same clone as that released in the Mediterranean. Other infestations are likely. Although a tropical species, Caulerpa has been shown to tolerate water temperatures down to at least 50 degrees Fahrenheit. Although warmer southern California habitats are most vulnerable, until better information is available, it must be assumed that the whole California coast is at risk. All shallow marine habitats could be impacted. In response to the threat that Caulerpa poses to California’s marine environment, the Southern California Caulerpa Action Team, SCCAT, was established to respond quickly and effectively to the discovery of Caulerpa infestations in Southern California. The group consists of representatives from several state, federal, local and private entities. The goal of SCCAT is to completely eradicate all Caulerpa infestations. In order to assure that the proposed project does not cause the dispersal of Caulerpa, and adverse impacts to the biological productivity of the Agua Hedionda Lagoon, Special Condition No. 9 requires the applicant, prior to commencement of development, to survey the project area and any other areas where the bottom could be disturbed by project activities, for the presence of Caulerpa. If Caulerpa is found to be present in the project area, then prior to commencement of any repair and maintenance activities, the applicant must provide evidence that the Caulerpa within the project site has been eradicated (the applicant could seek an emergency permit from the Executive Director to authorize the eradication) or that the project has been revised to avoid any disturbance of Caulerpa. If revisions to the project are proposed to avoid contact with Caulerpa, then the applicant shall consult with the local Coastal Commission office to determine if an amendment to this permit is required. To ensure that both biological resources and water quality will be protected should any unforeseen occurrences arise during repair and maintenance activities, Special Condition No. 12 requires the applicant to contact the San Diego District office of the Coastal Commission before any changes are made to the project in the field. In summary, the project has been conditioned to require a construction plan and pre- construction surveys that will ensure potential impacts to water quality, eelgrass, and the lagoon ecosystem are avoided. Thus, as conditioned, no impacts to biological resources are expected, and the proposed project can be found consistent with the resource protection policies of Chapter 3 of the Coastal Act. E. UNPERMITTED DEVELOPMENT Unpermitted development, in the form of placement of 10.4 cubic yards of rock added to the existing revetment sometime between 1998-1999 and installation of a “Private Property, No Trespassing” sign, has occurred on the subject site without the required coastal development permit (Exhibit 3). In addition, errant rocks from the revetment were allowed to migrate into, and remain within, a lateral public access easement required by a previously issued CDP. The applicants have removed the unpermitted “Private Property, No Trespassing” sign adjacent to the public access path and will submit, for review and approval, a public 6-14-0351 (Tu Casa HOA) 21 access signage plan to inform the public of the existing public access easement fronting the existing revetment as required by Special Condition No. 3. The applicants will also remove all encroachments within the lateral public access easement by hand and will ensure that no future encroachments will occur. Finally, the applicant is seeking after-the- fact authorization for the placement of the 10.4 cubic yards of riprap that were added sometime between 1998-1999 to the pre-coastal riprap revetment. Issuance of the CDP and compliance with all of the Special Conditions will result in resolution of the aforementioned violations of the Coastal Act on the subject property. Although development has taken place prior to submission of this permit application, consideration of this application by the Commission has been based solely upon the Chapter 3 policies of the Coastal Act. Approval of this permit does not constitute an admission as to the legality of any development undertaken on the subject site without a coastal permit. Approval of this permit, and undertaking the activities authorized herein, will result in resolution of the unpermitted development described above. In order to ensure that the unpermitted development component of this application is resolved in a timely manner, the subject permit will issue upon Commission approval, with all Special Conditions required to be fulfilled within 180 days of Commission action, as required by Special Condition No. 15. Should the applicant not comply with all of the Special Conditions within the specified timeframe, the applicant may be subject to enforcement actions, pursuant to Chapter 9 of the Coastal Act, to compel compliance with the approved permit conditions. Only as conditioned is the proposed development consistent with the Coastal Act. F. LOCAL COASTAL PLANNING Section 30604(a) also requires that a coastal development permit shall be issued only if the Commission finds that the permitted development will not prejudice the ability of the local government to prepare a Local Coastal Program (LCP) in conformity with the provisions of Chapter 3 of the Coastal Act. In this case, such a finding can be made. Agua Hedionda is one of six segments of the City of Carlsbad’s LCP. While most of the City’s coastal zone has a fully certified LCP, with the city issuing coastal development permits, an implementation program for the Agua Hedionda segment has not been certified as yet. Thus, permit responsibility remains with the Commission, and Chapter 3 of the Coastal Act is the standard of review. As conditioned, the project is consistent with the habitat preservation, scenic preservation and public access policies of the certified Agua Hedionda Land Use Plan and with the corresponding Chapter 3 policies of the Coastal Act. Therefore, approval of the development, as conditioned herein, does not prejudice the ability of the City of Carlsbad to prepare a fully certifiable Local Coastal Program for the Agua Hedionda Lagoon segment. G. CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 13096 of the Commission's Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as 6-14-0351 (Tu Casa HOA) 22 conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the Chapter 3 policies of the Coastal Act. Mitigation measures, including conditions addressing water quality, biological resources and future maintenance and/or reconfiguration of the revetment will minimize all adverse environmental impacts. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project is the least environmentally-damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. (G:\Reports\2014\6-14-0351 Tu Casa staff report.docx) 6-14-0351 (Tu Casa HOA) 23 APPENDIX A SUBSTANTIVE FILE DOCUMENTS  Certified Agua Hedionda Land Use Plan  CDP #6-10-016  CDP #6-07-069  Recorded Public Access Easement Document No. 73-133839  CDP #F0201  CDP #6-98-051 EXHIBIT NO. 1 APPLICATION NO. 6-14-0351 Vicinity Map California Coastal Commission Subject Site Public Access Easement N EXHIBIT NO. 1 APPLICATION NO.6-14-0351 Vicinity Map California Coastal Commission Subject Site Public Access Easement N N EXHIBIT NO. 2 APPLICATION NO. 6-14-0351 Aerial View California Coastal Commission Tu Casa condominiums Subject revetment EXHIBIT NO. 3 APPLICATION NO. 6-14-0351 Unpermitted California Coastal Commission Development EXHIBIT NO. 4 APPLICATION NO. 6-14-0351 Site Plan California Coastal Commission EXHIBIT NO. 5 APPLICATION NO. 6-14-0351 Site Photos California Coastal Commission N EXHIBIT NO. 2 APPLICATION NO.6-14-0351 Aerial View California Coastal Commission Tu Casa condominiums Subject revetment EXHIBIT NO. 3 APPLICATION NO.6-14-0351 Unpermitted California Coastal Commission Development EXHIBIT NO. 4 APPLICATION NO.6-14-0351 Site Plan California Coastal Commission EXHIBIT NO. 5 APPLICATION NO.6-14-0351 Site Photos California Coastal Commission