HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP)Gnronologu of Goas/af Commission
Correspondence
and
Prepared by:
John C. Levy, Jr.
Prepared ton
California Coastal Commission
Chronology of California Coastal Commission
Correspondence and Meetings
page 1 of 3
Date of Event Exhibit # Summary
1. 10-26-95
2.
3.11-16-95
4. 11-28-95
5. 2-1-96
6. 6-7-96
7. 8-8-96
8. 10-15-96
9.
10.
1-22-97
2-13-97
1-27-97
Exhibit A Initial contact with the Coastal Commission was
made on 10/26/95. The memo to coastal analyst
Bill Ponder is enclosed as (Exhibit A).
Exhibit B The site plan given to all of the resource
agencies on that date as (Exhibit B).
Exhibit C. On November 16, 1995 a letter was sent to the
CCC addressing specific issues of the City of
Carlsbad as (Exhibit C).
Exhibit D. On November 28, 1995 a letter and exhibit were
sent to the CCC regarding pedestrian access
over the existing open space easement (lot 3)
adjacent o the property and is enclosed as
(Exhibit D).
Exhibit E On February 1, 1996 a meeting was held at the
site with all of the resource agencies and a letter
dated April 9, 1996 (Exhibit E) was generated by
USF&W regarding the meeting.
Exhibit F
Exhibit G
Exhibit H
On June 7, 1996 a revised plan was sent to all
agencies. A copy of the memo to the CCC is
enclosed as (Exhibit F).
The CCC was sent a letter on August 8, 1996
(Exhibit G) addressing access to the subject
property.
A biological report was prepared on October 15th,
1996 by Pacific Southwest Biological Services
and is enclosed as (Exhibit H).
On January 22, 1997 a meeting was held at
USF&W with all of the resource agencies
present.
Exhibit I A letter dated February 13, 1997 (Exhibit I) by
Exhibit J USF&W spelled out all of the conditions for
approval of the site plan dated 1/27/97 (Exhibit J)
Chronology of California Coastal Commission
Correspondence and Meetings
page 2 of 3
Date of Event Exhibit* Summary
11. 1-27-97 Exhibit K The revised site plan was sent to the CCC on
1/27/97 (Exhibit K).
12. 2-6-97 Exhibit L The CCC was sent a memo on 2/6/97 (Exhibit L)
Exhibit M which included the boundary adjustment plat for
the two lots of the subject property. (Exhibit M)
13. 11-4-97 Exhibit N The certificate of compliance (COC) and
Exhibit O boundary adjustments were recorded on
November 4, 1997 (Exhibits N & O) for the two
lots.
14. 12-20-97 Exhibit P CDP 97-59 for the property was submitted to the
City of Carlsbad on 12/20/97. A copy of the site
plan is enclosed (Exhibit P).
15. During the entire processing of CDP 97-59 and
its associated mitigated negative declaration not
one comment was received from any of the
resource agencies including the CCC.
16. 7-1-98 CDP 97-59 was heard and approved
unanimously by the Carlsbad Planning
Department on July 1, 1998. Not a single
person from the community attend the meeting
nor did any public comment come up during the
processing of the CDP.
17. 7-27-98 On July 27, 1998 the CCC, San Diego Regional
Office appealed CDP 97-59 signed by
Commissioner Christine Kehoe.
18. 7-30-98 On July 30, 1998 Bob Sukup, myself, Craig
Adams, Bill Ponder and Lee McEachern met at
the CCC to address the reasons for the appeal.
It is apparent that they have no records of the
property as they ask us for a majority of our
documentation. Later in the afternoon I returned
to the office with the entire file of the CDP from
the City of Carlsbad for their review.
Chronology of California Coastal Commission
Correspondence and Meetings
page 3 of 3
Date of Event Exhibit # Summary
19. 8-11-98
20. 8-14-98 Exhibit Q
21. 8-17-98
22. 8-14-98
23. 8-25-98 Exhibit R
On August 11, 1998 Commissioner Kehoe asked
local staff to withdraw appeal #A-6-98-98. Her
comment to Mayor Lewis of Carlsbad was that
"local staff misrepresented the appeal to her and
she wished to withdraw it."
On August 14th 1998 Mayor Lewis from the City
of Carlsbad states in a letter (Exhibit Q) to
Commissioner Kehoe that we have met all of the
conditions of the LCP, and he asks for her
withdrawal of the appeal.
On August 17th 1998 Bill Ponder our coastal
analyst in a telephone conversation said "it is his
feeling that we are in compliance with the LCP".
However he his reviewing additional information
from the direction of senior staff.
August 17th Deborah Lee, Bill Ponder, and Lee
McEachern meet and decided to continue the
appeal to the commissioners.
On August 25th 1998 the US Fish and Wildlife
Service stated in a letter their support for a "dusk
to dawn" gating system. (Exhibit R)
Exhibit A
the Sea Bright^c o m p a n y**
4322 Sea Bright Place * Carlsbad, CA 92008 » Telephone/FAX 619-720-0098
MESSAGE
REPLY
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Exhibit B
GENERAL NOTES
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Exhibit C
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November 16. 1995
Mr. Bill Ponder
California Coastal Commission
3 i 1 1 Camino.i )e! Ru- North
Suite 20u
.CA. 921 OS
KEF. Buena Visia Lagoon i.i»«
APN: i 55-0 1 -65 & 155- i ^ •- 1
Good M'Tninii Bill.
As you are ;mare from our prevous correspondence. \ve are processing
plans for construction of a single fhmilv detached.resider.ee »r». euc!; ^r the
a^^'e referenced parcels, i have enclosed a preliminar. pi;:'1 ie\ieu !Voih the
City ol'CurisbuJ for \our re\'ieu. There are a te\v issues ihai :::usi be
addressed .pri-'-r to our recenmg .approval b\ the Calii'.nnur v /astal
Commission mat \\e feel h;:\e extenuating circumstances relating to public
access conditions
In inference 10 tiic enclosed letter they areas follows:
1) Page 2 item 43 Proposed eleciric gate at Mounm": \'ie'>\ ; ?• -.- for
Residence, hire, and Maintenance \chicularaccoss e:\ci-i>t\'el\
This locked gate ii>>> been ii- v. \i>n.n.cc tor \ears. It is the onh' beach x'elncle
access in northern Car^hid. ii'> purpose is to allow lifeguard personnel
beach acces- ami cit; mamte" mce crews the abilit}- to maintain the lagoon
weir. The locked gate has proven 10 be a beneficial' deterrent in keeping the
genera] public from driving onto Oie dedicated open space, beach, or the
Buena Vista Lagoon,
It is our proposal that a pedestrian gate similar to others \\\ coastal access be
built adjacent to the proposed electric gate and be operational during daylight
hours onh' <da\\n to. dusk). It is our contention that allowing public
vehicular access acro» lot -3 \souid result in an unacceptable public safety
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and liability risk. More importantly the possible adverse impact to the Buena
Vista Lagoon wildlife and vegetation would be detrimental.
Page 2 item #3: Provide and dedicate a public access easement from the
proposed 30 foot wide access easement to the trail that runs along the
properties lagoon frontage:
1) The proposed parcels 155-10J-65 & 155-190-13 are accessed by an
easement granted through parcel #3. These lots being the grantee of the
easement lack the legal authority to dedicate public access across the
easement.
2) I have enclosed a letter from California Fish and Game dated February L
1995. Mr. Massie states thai he is very concerned about the emergent
f marsh vegetation, and possible wildlife on the eastern edge of the
*- property. The eastern section of the property is an extremely sensitive
wetlands area, and every effort must be made to maintain the existing
flora and wildlife. Ctearly, allowing public access along the eastern
shore of the property would be detrimental to this portion of the lagoon.
Ironically, because of ihe remote nature of the site there are currently
eight illegal encampments living and cooking in this wetlands area.
3) The railroad right of way runs parallel and is within a portion of this area.
With the increase of railroad freight traffic and the addition of the Coaster
Commuter Rail the railroad has substantially increased their security
patrols along their tracks and right of ways. There has been an increase
in deaths because of this frequency of traffic.
Because of this public utility adjoining property we do not feel that it is in the
safety of the general public to encourage crossing nor trespassing upon the
railroads property. Additionally we Jo not possess the ability to grant access
along the eastern border of the property.
Page one item D: Provide a lateral public access easement (minimum 25
feet wide) along the southern shore of the Buena Vista Lagoon.
1) As previously stated these two parcels are essentially landlocked from
public access. Their ingress and egress is granted by an easement
through parcel #3. We do not have the ability to provide legal access.
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2) Because ol? the unique nature of this proposed development in terms of
it's extreme low density of only two single family residences on nearly three
acres of land. The proposed condition of a 25 foot pathway along the
shoreline would be an extreme invasion of these families privacy.
Clearly, a precedent has been set in the neighboring developments of San
Malo in Oceanside. Buena Vista Circle, and Jefferson street portions of
Carlsbad prohibit public access in these properties back yards!
In fact Buena Vista Circle originally had a public trail along the shoreline
and the easement was quit claimed back to the property owners from the city
because of the invasion of privacy issue.
Public coastal access would be enhanced from the proposed pedestrian gate,
and the current Ocean avenue access.
Currently, because of 'the remote location of the site there are several
transient camps Ining in the wetlands and railroad right of way. It has been
a tremendous challenge for law enforcement and fish and game authorities to
properly police and protect.
Bill, in closing it is our strongest intentions to improve the unique .integrity
of this site while pro\iding reasonable public coastal access. Because of it's
checkered past legal history this property has become a virtual no mans
land. A low density development with a residence presence, coupled with
enhanced coastal access, will result in restoring and maintaining the
integrity of this portion of the lagoon.
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L After your review we are available to meet with you at your earliest
convenience. Please call if you have any questions or need additional
information.
Sincerely Yours,
Robert O. Sukup
Exhibit D
iSca Brightm n m n a n v >-J
November 28,1995
California Coastal Commission
3111 Camino Del Rio North - Suite 200
San Diego, CA 92108
Ref: Buena Vista Lagoon Lots
APN 155-01-65 & 155-190-13
Att: Bill Ponder
Dear Bill,
We have previously submitted to you plans [ 10/26/95 ] and a clarification letter [ 11/16/95 ]
regarding the proposal to construct a single family residence on each of the above referenced
lots. As a follow up to our telephone conversation this morning I have prepared a schematic plan
[ Exihibit A ] which more accurately indicates the location of the proposed beach / lagoon access
across Lot 3 of Recorded Map # 11007. No trail is shown around the two proposed houses due to
habitat area along the east boundary and respect for the potential of high incidence of trespass
into or through the existing lots. Setbacks from the lagoon and habitat area to the houses are
being reviewed by California Fish and Game and U.S. Fish and Wildlife.
Please call if you have any questions or need additional information. We are available to meet
with you at your earliest convenience.
Sincerely,
Robert O. Sukup
Engineering Management * General Contracting ' Development
4322 Sea Bright Place . Carlsbad, CA 92008 < Telephone/FAX 619-720-0098
Exhibit E
Attachment
of Carlsbad
November 1, 1595
r. Bob Sdcnp
4322 Seabrigitt Place
Carlsbad CA 92008
SUBJECT: FSE 95-38 - BUENA 7ISTA LAGOON LOTS
155-101-115
Preliminary review of your project was conducted on October 26, 1995. Listed below are
the issues raised by staff. Please note that the purpose of a preliminary review is to provide
yon with direction and comments on the overall concept of your project. Tn« preliminary
review does not represent an Sa-depta analysis of TOOT protect. Additional Issues of concern
may h<e raised after ^onr application Is snhmittcj and processed for a more specific and
detailed review.
Planning:
1. This property Is located within the Meflo H Local Coastal Program (LC?) segment,
and accordingly, shall need to compiy with afl development provisions and standards
of this Coastal Ptugiaui segment Pursuant to the Meflo n LC?, any proposal for
development of this property shaft be required to;
a. Submit a biological resources survey of the property.
b. Locate the boundary of the wetland (Weriaad Deiraeatios Study) on the
Setback afl deveiopmeat (structures) a axommun of 100 feet from the
lagoon/wetland boundary. Tliis 100 fcot setback shall be required to be placed
under an open space easement as a condition of developmeat Toe plan as
proposed wtt have to be revised to compiy with the required 100 foot
structural setback. The proposed development -mil also have to be setback
(up to 50 feet) from the riparian iafaitat located along the eastern property
boundary.
Provide a lateral public access easemeat (mim'iinna 25 feet -wide) along Bwsaa
Vista Lagoon.
2OTS Las Palmas Qrtva - Carlsbad. California 92OOS-137S - <ei9) 43«-l 1flt ^Q
20-d " fr68Q8£& 'ON m 30 UUQO 09551^0 J3 AIIQ 90:91 311 96-6Q-H<fl
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
April 9, 1996
Robert 0. Sukup
The Sea Bright Company
4322 Sea Bright Place
Carlsbad, California 92008
Re: Conceptual development plan for the property located
immediately south and east of the Buena Vista Lagoon mouth, San
Diego County, California.
Dear Mr. Sukup:
Jeff Manning, of my staff, met with you, John Levy (your client) , Tim
Dillingham of the California Department of Fish and Game (CDF&G) , and
Bill Ponder of the California Coastal Commission (CCC) on the property
located immediately south and east of the Buena Vista Lagoon (Lagoon)
mouth on February 1, 1996. The purpose of this meeting was to discuss
Mr. Levy's conceptual, blue-line plan (Plan), dated October 18, 1995
to construct two single-family homes. It is our understanding that
your client is not the present property owner. He is a prospective
buyer and wishes to determine significant issues regarding impacts to
sensitive biological resources that may result from implementation of
the referenced Plan. This letter addresses potential impacts to
endangered species and sensitive biological resources that the Service
is aware of in the vicinity of the Lagoon immediately adjacent to the
property and provides a chronology of the Service's involvement with
this proposed project.
The Service's primary concern and mandate is the protection of fish
and wildlife resources and their habitats. A priority of the Fish and
Wildlife Service (Service) is to provide comments on any public
notices issued for a Federal permit or license affecting the nation's
waters (e.g., Clean Water Act, Section 404 and River and Harbor Act of
1899, Section 10). The Service is also responsible for administering
the Endangered Species Act of 1973, as amended (ESA).
As discussed during our site visit, the Service has concerns regarding
potential direct and indirect impacts to sensitive fish and wildlife
resources and species protected under the ESA if the proposed Plan is
implemented. One species that is known to occur on the eastern
Mr. Robert 0. Sukup 2
boundary of the property is the California light-footed clapper rail
(Rallus longirostris obsQletns)(rail), 2 federal and state listed
endangered, species. The Service is awars of a breeding pair of rails
that occupy the cattail marsh along the eastern edge of the property.
Direct impacts to rail may result from construction noise, lighting,
and other operations associated with actual construction activities.
Additional impacts may result from: 1) the actual loss of upland
habitat which functions as a biological buffer from existing human
development, 2) the killing, harming, and/cr harassment of individual
birds by domestic pets, 3) the use of herbicides, pesticides, and
insecticides typically associated with urban development that may have
potential direct impacts to rail and its prey base, and 4) the
reduction in the biological value of the habitat by lighting. Based
on these concerns, the Service recommended, during our site visit,
that the Plan incorporate a 100-foot "buffer" between the outer edge
of the wetland habitat and any structure, fence, or driveway. This
"buffer" area should be planted with native vegetation, acceptable to
the Service and CDF&G. In addition, the above issues pertaining to
the avoidance and minimization of direct and indirect impacts to the
rail will need to be addressed.
In addition to the rail, numerous migratory waterfowl are known to use
the property for loafing, foraging, and possibly nesting. During our
site visit, waterfowl were observed loafing and foraging along the
southwestern portion of the property. To avoid impacts to these
species, the Service recommended that you explore the opportunity to
exchange the property parcel immediately adjacent to the Lagoon (AP#
155-101-65} for the property that abuts the southern boundary of the
two parcels. The property abutting the two parcels is designated as
open space. This designation could be transferred to parcel (AP# 155-
101-65) and your footprint of the Plan could be shifted to the south
and away from the shoreline of the Lagoon. At a' minimum, there should
be a 100-foot setback from the mean high water level to all
structures, roads, and fences. This setback would be in compliance
with the setback requirement set forth in section Ic in the letter
from the City of Carlsbad to you, dated November 1, 1995 (Attachment) .
On February 2, 1996, immediately following the site visit, you
provided an amendment to the Plan which depicted the location of two
single-family homes, driveways, and a parameter fence. This amendment
to the Plan does not indicate the avoidance or minimization of impacts
to the rail. First, the Plan shows a fence within 30 feet and a
driveway within 40 feet of the existing marsh habitat that is occupied
by the rail. This does not conform with the 100-foot buffer discussed
during our field meeting. Second, the amendment to the Plan does not
include measures to avoid and/or minimize potential impacts to the
Mr. Robert 0. Sukup 3
rail by herbicides, pesticides, and insecticides. Finally, the
amended Plan does not clearly indicate how the propcsad 42 inch fence
would prevent lighting of the marsh. Minimizing affacts of lights
into the marsh and lagoon are often most effectively dealt with by
placement of back and/or side shields on all outdoor light fixtures.
The Service believes that additional measures should be incorporated
into your amended Plan to avoid and/or minimize potential impacts to
the rail and other sensitive fish and wildlife resources. These
should include: 1) moving the driveways and eastern fenca in a
westward direction to conform with the 100-foot buffer, 2} grading the
slope of the property or constructing barriers along the parameter of
the property to prevent urban runoff containing herbicides,
insecticides, and pesticides from draining into the marsh and the
Lagoon, 3) raising the height of the fence along the eastern boundary
to reduce the likelihood of pets, such as cats, from entering the
marsh, and 4) the use of light shields to prevent lighting and light
glare from entering the marsh.
The Service recommends that you incorporate all prudent and practical
avoidance and minimization measures listed above to protect the rail.
If, after these measures are included into the Plan and approved by
the Service, the Plan still requires the encroachment into the 100-
foot buffer, you should propose compensatory mitigation measures which
would reduce impacts below that of a level of significance.
Compensatory mitigation typically includes the acquisition, creation
of the same type and quality of habitat (in-kind habitat functions and
values) to that impacted, and the protection of that mitigation site
in perpetuity. Creation often includes the excavation of soils from a
non-wetland area approved by the Service.
Over 90 percent of California's coastal wetlands have been lost, and
the Service considers these habitats as biologically significant
public resources. For projects that impact coastal wetlands, the
Service typically requires replacement of habitat as high as four
times that which was impacted.
The Service recommends that you explore and propose acquisition,
creation, and protection of marsh habitat within the vicinity of the
Lagoon at a 4:1 ratio for unavoidable impacts resulting from the Plan.
You may also wish to explore opportunities to provide an in-lieu fee
payment at an amount equal to that for acquisition, creation, and
protection.
We appreciate the opportunity to comment on your project. Since your
Plan for this development are still conceptual in nature, the Service
reserves the right to make additional comments regarding this
Mr. Robert 0. Sukup 4
development in the future. You should be aware that your proposes
development will be subject to the review of the City of Oceansi^a,
CCC, and CDF&G. These entities may require additional requirements
beyond what is identified in this letter. If you have any questions
regarding these comments, please contact Jeff Manning of this office
at (619) 431-9440.
Sincerely,
^Gail C. Kobetich
/ Field Supervisor
cc: Corps Regulatory, San Diego Office, CA (Attn: David Zoutendyke)
CDF&G, Long Beach, CA (Attn: Tim Dillingham)
EPA, Region 9, San Fran., CA (Attn: Harriet Hill/Becky Tuden)
California Coastal Commission, San Diego, CA (Attn: Bill Ponder)
Exhibit F
the Sea Brightc o m p a n y"
4322 Sea Bright Place * Carlsbad, CA 92008 » Tetephone/FAX 619-720-0098
MESSAGE
DATE
SUBJECT
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raiAL._..oJitihL^U
ex. 100
REPLY
DATE
SIGNED
Exhibit G
Sea Brightcompany**
Augusts, 1996
California Coastal Commission
3111 Camino Del Rio North - Suite 200
San Diego, CA 92108
Att: Bill Ponder
Ref: Buena Vista Lagoon Lots
A.P. #s 155-101 65 & 155-190-13
Dear Bill,
During the last 9 months we have been discussing the house plot plans and
setback issues for the two lots referenced above. One aspect of the plan I have
not discussed with you in great detail is the access to the lots. The access is via
an easement over an Open Space Lot indicated as Lot 3 of Recorded Map #
11007. I've enclosed a copy of the access easement and a portion of the
language of the "open space" easement. The open space document talks about
no improvements being made within the easement area. I have not been
concerned about the "improvement" condition because the access easement
was granted before the open space easement was recorded.
I need to get written confirmation from you that access as proposed is
accecptable. A copy of the site plan with the easement hi-lited in yellow is
enclosed.
Please call if you have any questions.
Thank you,
ST \f
Robert O. Sukup
Pres.
end.
Engineering Management General Contracting Development
4322 SeaBright Place Carlsbad, CA 92008 Telephone/FAX 619-720-0098
SCHEDULE B(continued)
982429 05 Your Ref: 10834-B
22 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN ON MAP OF SAID TRACT.
EASEMENT
PURPOSE: ACCESS EASEMENT TO MAINTAIN DRAINAGE FACILITIES
AFFECTS: LOT 3 OF MAP NO. 11007
AO 23 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN ON MAP OF SAID TRACT.
EASEMENT
PURPOSE: "PROPOSED PRIVATE ROAD EASEMENT"
AFFECTS: LOT 3 OF MAP NO. 11007
AE 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: NATIVE SUN INVESTMENT GROUP, A CALIFORNIA LIMITED
PARTNERSHIP
PURPOSE: INGRESS AND EGRESS, STREET IMPROVEMENTS, DRAINAGE AND
UTILITIES
RECORDED: . AUGUST 2, 1984 AS FILE NO. 84-294255, OFFICIAL
RECORDS
AFFECTS: THE ROUTE AFFECTS A PORTION OF SAID PARCELS 2 AND 3 AS
MORE FULLY DESCRIBED IN SAID DOCUMENT
AF 25. AN IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF
RESTRICTIONS, DATED AUGUST 7, 1984 BY AND BETWEEN NATIVE SUN-CAREW, A
GENERAL PARTNERSHIP, AND THE CALIFORNIA COASTAL COMMISSION, UPON THE TERMS,
COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED AUGUST 15, 1984 AS
FILE NO. 84-309895, OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
\
THE ROUTK zvpFECTS A PORTION OF SAID PARCELS 2 AND 3 AS MORE FULLY DESCRIBED
IN SAID DOCUMENT
AG 26. TERMS, COVENANTS AND CONDITIONS CONTAINED WITHIN DEED RESTRICTIONS BY AND
BETWEEN NATIVE SUN-CAREW, A GENERAL PARTNERSHIP, AND THE CALIFORNIA COSTAL
COMMISSION, RECORDED AUGUST 15, 1984 AS FILE NO. 84-309897, OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
THE ROUTE AFFECTS A PORTION OF SAID PARCELS 2 AND 3 AS MORE FULLY DESCRIBED
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When Recorded Return to:
California Coastal Cownission _m631 Howard Street, Fourth Floor 84-30S££S
San Francisco, California 94105 [""""feECORoeo IN 1
Attention: Legal Department LPn2P*U*ECOROS
1 Of SAN-MtGO COUItrv. CJ. \
$$?A66~£ ' '1984 AUG 15 AM 8:00
1 VOW L LYLE I
IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT
AND
DECLARATIONS OF RESTRICTIONS .
THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASEMENT AND
DECLARATIONS OF RESTRICTIONS (hereinafter "Offer") 1s made this
(1) *«<7ust 7 , 19 84 , by (2) Native Sun-Carew. a General
Partnership
(hereinafter referred to as "Grantor").
I. WEREAS, Grantor 1s the legal owner of a fee interest of certain
real properties located 1n the County of (3) San Me<H>
State of California and described in the attached Exhibit A (hereinafter
referred to as the "Property"); and
II. WEREAS, all of the Property is located within the coastal zone
as defined in Section 30103 of the California Public Resources Code (which
code is hereinafter referred to as the "Public Resources Code"); and
III. WEREAS. the California Coastal Act of 1976. (hereinafter
referred to as the "Act") creates the California Coastal Comisslon
(hereinafter referred to as the "CoMlsslon') and requires that any
development approved by the Contission oust be consistent with the policies
of the Act set forth In Chapter 3 of Division 20 of the Public Resources
Code; and
IV. ' WEREAS, Pursuant to the Act, Grantor applied to the Commission
for a permit to undertake development as defined In the Act within the
* *
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,IN? 309898
(jc
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This Offer and Declaration of Restrictions subjects the Property to the
following term, conditions, and raatrieti^na which ahall be effective
from ttw time of reeordation of this instrument.
1. U5» OT PROPgnT. DM use of the Protected Land ahall be limited to
natural open apace for habitat protection, public access and passive
recreation, and resource conservation uses. No derelopMnt as defined in
Public Resources Code Section 30106, attached hereto as Exhibit C and
incorporated herein by reference, including but not United to, reaoval of
trees and other major or native vegetation, grading, paving, or installation
of structures such as signs or buildings, future land divisions, or eoonercial
or residential development of any kind, shall occur or be allowed on Ll-o
Protected Land with the exception of the following subject to applicable
governmental regulatory regalrenents:
(a) the reaoval of hazardous substances or conditions or diseased vegetation! .|
(b) the removal of any vegetation which constitutes or contributes to a fire
hazard to existing or permitted residential development and which lies within
100 feet of such development;
(e) the installation or repair of underground utility lines and septic system
(d) oaintenance of the weir;
(e) public access improvements by the Grantee)
(f) Grantee's enhancement of the lagoon habitat
removing fill.
or otherviM
RIGHT OT Brmr. The Orantee or ita agent* mar enter onto the Property
to ascertain whether the use restrictions set forth above are being
obaorved at times reasonably acceptable to the Grantor.
3. BBCPTT tSD aiRDBt. This Offer shall run with and burden the Property,
and all obligations, terms, conditions, and restrictions hereby Imposed ahall
be deemed to be covenants and restrictions running with the
84--z
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|N? 309898
Exhibit H
PSBS #70160
BIOLOGICAL REPORT
OF ENVIRONMENTAL CONDITIONS
AT A SITE ADJACENT TO BUENA VISTA LAGOON
CARLSBAD, CALIFORNIA
UTM #466,750 mE 3,669,500 mN Buena Vista
Prepared for
The Sea Bright Company
4322 Sea Bright Place
Carlsbad, California 92008
Prepared by
Pacific Southwest Biological Services, Inc.
Post Office Box 985
National City CA 91951-0985
Tel (619) 268-9300
Fax (619) 268-9302
October 15, 1996
PACIFIC SOUTHWEST
BIOLOGICAL SERVICES
Corporate Office: 8328 Clairemont Mesa Blvd., • Suite 100 • San Diego, CA 92111
PAY cAi
PSBS #70160
TABLE OF CONTENTS
EXECUTIVE SUMMARY 1
1.0 INTRODUCTION 1
2.0 LOCATION 2
2.1 CLIMATE 2
2.2 PHYSICAL GEOGRAPHY 2
2.3 LAND USES 6
3.0 METHODS 6
3.1 BOTANICAL AND ZOOLOGICAL SURVEY 6
3.2 VEGETATION MAPPING 6
3.3 DELINEATION OF JURISDICTIONAL WETLANDS OF THE U.S. AND STATE 6
3.4 BIOLOGICAL SURVEY LIMITATIONS 8
4.0 RESULTS 8
4.1 VEGETATION HABITATS 8
4.1.1 RUDERAL 10
4.1.2 DISTURBED SCRUB HABITAT 10
4.1.3 DEPRESSIONAL AREAS 10
4.1.4 OFF-SITE FRESH WATER MARSH 10
4.1.5 OFF-SITE RELICT COASTAL SALTMARSH 11
4.2 FLORA 11
4.3 FAUNA .t 11
4.3.1 AMPHIBIANS 11
4.3.2 REPTILES 11
4.3.3 BIRDS 11
4.3.4 MAMMALS 11
5.0 SENSITIVE BIOLOGICAL RESOURCES 12
5.1 SENSITIVE VEGETATION COMMUNITIES 12
5.1.1 FRESH WATER MARSH 12
5.1.2 SALTMARSH 12
5.2 SENSITIVE FLORA 12
5.3 SENSITIVE FAUNA 13
5.4 WETLAND DELINEATION 13
6.0 EXPECTED IMPACTS 14
7.0 RECOMMENDATIONS TO MITIGATE IMPACTS 15
8.0 LITERATURE CITED 16
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FIGURES, TABLES AND APPENDICES
FIGURE l. REGIONAL LOCATION MAP 3
FIGURE 2. PROJECT VICINITY MAP 4
FIGURE 3. PROPOSED PROJECT SITE 5
FIGURE 4. VEGETATION HABITAT TYPES & WETLAND DELINEATION 9
APPENDIX 1. FLORAL CHECKLIST OF SPECIES OBSERVED
APPENDIX 2. ANIMALS OBSERVED OR DETECTED
APPENDIX 3. PHOTOGRAPHS
APPENDIX 4. DATASHEETS
APPENDIX 5. CORRESPONDENCE
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PSBS #70160
BIOLOGICAL REPORT
OF ENVIRONMENTAL CONDITIONS
AT A SITE ADJACENT TO BUENA VISTA LAGOON
CARLSBAD, CALIFORNIA
Pacific Southwest Biological Services, Inc.
October 15, 1996
EXECUTIVE SUMMARY
Pacific Southwest Biological Services, Inc. was retained by the Sea Bright Company to
perform an evaluation of potential biological impacts of developing portions of a 2.6-
acre property located adjacent to the Buena Vista Lagoon. The site is dominated by
non-sensitive disturbed scrub. Wetlands occur in several locations immediately adjacent
to the site. These include two patches of fresh water marsh and a patch of relict salt
marsh. In addition, small ephemeral depressions are located on-site. These arose from
the uneven filling of the site in 1972 when it was converted from saltmarsh to upland.
The pools, therefore, do not represent native vernal pools. Most of these are not
vegetatively different from the scrub around them. However, two are dominated by
hydrophytic vegetation.
The light-footed clapper rail (Rallus longirostris levipes) has used the fresh water marsh
east of the proposed project site in past years, although it is not ideal habitat. Noise,
vibrations, and blowing dust could impact these birds, which are listed as endangered
on both the federal and state endangered species lists. Agreements will be required with
the Fish and Wildlife Service to avoid or minimize the potential off-site impacts to
these birds.
1.0 INTRODUCTION
On 28 August 1996, Pacific Southwest Biological Services, Inc. was retained by the Sea Bright Company
to assess the biological impacts associated with the house construction on two existing lots on the south
shore of the Buena Vista Lagoon, west of the Atchison, Topeka, and Santa Fe Railroad right-of-way.
The site is approximately 2.6 acres and consists of a historical fill which was created when the Buena
Vista Lagoon was altered from a tidal regime to a non-tidal deep-water regime. The original habitat
was probably originally tidal coastal saltmarsh. There is a remnant of this habitat immediately off-site
to the east. The majority of the site is a human-made upland adjacent to the Buena Vista Lagoon. The
lagoon itself has a weir at its mouth which controls the water level at a fairly constant elevation and
prevents tidal inundation. The waters and wetlands adjacent to the site are therefore fresh water to
brackish in nature, rather than the native tidal coastal salt marsh.
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2.0 LOCATION
The site is located within the municipal boundary of the City of Carlsbad, San Diego County,
California (Figure 1). It is located in the northwest quadrant of Section 1, Township 12 South, Range
5 West (USGS 1968). It lies on the south shore of the Buena Vista Lagoon west of the Atchison,
Topeka, and Santa Fe Railroad right-of-way at latitude 33°09'55" N, longitude 117°21'23H W (Figure
2). It is composed of two lots totaling 2.6 acres: APN 155-019-13 and APN 155-010-65. The two lots
combine to form a small point extending into the Buena Vista Lagoon (Figure 3).
2.1 CLIMATE
Climate for the two sites is mild due to the maritime influence. Mean annual precipitation is between
12-14 inches, and the mean annual air temperature is between 60° and 62° Fahrenheit. The growing
season is 330-350 days. The winter growing season may have light frost (Bowman 1973).
2.2 PHYSICAL GEOGRAPHY
Most of the soils and rocks of the Southern California coast are marine sedimentary rocks not older
than 60 million years old. These sedimentary rocks are soft and prone to erosion by rivers and oceanic
wave action. The latter process has created flat sandy beaches backed by sea cliffs. Uplift of the
shoreline has created a series of terraces from these wave-cut sandy benches along some areas of the
coast. In addition, where rivers have eroded the Cenozoic marine sedimentary rock and deposited more
recent alluvial material, and natural sediments carried by ocean currents have blocked the outlet with
a sand bar or spit, lagoons of relatively still water occur (Schoenherr 1992). These areas have younger
deposits of fine grain material deposited from their river watershed. Areas adjacent to these lagoons
are typically benches of Cenozoic sedimentary rock. The Geologic Map of California indicates both
sites are located on Recent Quaternary Alluvium deposits (Rogers, 1965).
The property consists of relatively flat terrain near sea level (less than 12 feet elevation). Soils for the
site are not mapped since the site is a recent fill, as evidenced by the presence of concrete rubble in the
soil. The site location was part of the Buena Vista Lagoon at the time of the San Luis Rey Quadrangle
(1970) of the San Diego County Soil Survey (Bowman 1973). Adjacent soils include Marina loamy
coarse sand, at 2-9% slopes which may have inclusions of Carlsbad soils, Chesterton soils, and
Corralitos soils. The Marina soil is not listed as hydric, but all three inclusion soils may be hydric
under criteria 3 in depressions or alluvial fans (USDA-SCS 1992).
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Project
Site
Project Regional Map
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GARLSBAD\
Legend
Project Site
Figure 2. Project Vicinity Map
USGS 7.5' San Luis Rey Quadrangle
"Pacific Southwest TSiobgiaitServices, Inc.
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Figure 3. Project Site Boundary and Access Easement
fadfic Sov.tfavtst'EwtogicaiSoviets, Inc.
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2.3 LAND USES
The property is currently vacant which is used by local residents for fishing, walking, and jogging.
Many people walk their dogs through the area, frequently unleashed, and use the site as access to the
Carlsbad State Beach. People fish off the property into the lagoon on the north and west property
boundaries. Transients have also used the site for temporary campsites. Suburban neighborhoods are
located south of the site and across the lagoon. The Atchison, Topeka, and Santa Fe Railroad right-of-
way lies east of the site, beyond a 75-foot wide freshwater/brackish marsh area. The Coaster and other
Amtrack trains frequently go by the property.
3.0 METHODS
3.1 BOTANICAL AND ZOOLOGICAL SURVEY
A botanical and zoological survey of the site was conducted by R. Mitchel Beauchamp and Marcia
Dustin Mann on 23 September 1996. At the onset of the survey air temperature was 72° Fahrenheit,
wind velocity at 1 mile per hour from the north, with 100% overcast skies. All portions of the site
were walked. Binoculars (8 x 42 power) aided in the identification of avifauna! species. All vegetation
habitats were mapped.
The scientific nomenclature used in this report is from the following standard references: vascular plants
(Hickman 1993; Munz 1974; Beauchamp 1986), vegetation habitats (Holland 1986), wildlife habitats
(Mayer, et al. 1988), amphibians and reptiles (Jennings 1983 and Stebbins 1966), birds (American
Ornithologists' Union 1983, 1989), and mammals (Jones, et al. 1992).
3.2 VEGETATION MAPPING
The mapping of vegetation and habitat types was conducted by Elizabeth A. Olsen and Marcia Dustin
Mann on 23 September 1996 using the Holland system of vegetation classification. The on-foot survey
covered all areas of potential impact, direct or indirect. Vegetation habitat types were mapped in the
field on a 1" = 200' orthotopographic San Diego County map, and a 1" = 40' engineering map.
3.3 DELINEATION OF JURISDICTIONAL WETLANDS OF THE U.S. AND STATE
A delineation was conducted within the study site to determine the extent of jurisdictional waters of
the United States including wetlands subject to U.S. Army Corps of Engineers jurisdiction under the
Clean Water Act, and waters of the State subject to California Department of Fish and Game
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Streambed Alteration Agreements. The delineation was performed by Wetland Biologist Elizabeth A.
Olsen on 23 September 1996. Delineation results were mapped in the field on a 1" = 200'
orthotopographic San Diego County map.
The delineation for federal jurisdiction used field methods and criteria consistent with current guidance
from the U.S. Army Corps of Engineers (Corps) and the 1987 Manual (Environmental Laboratory
1987). Wetland delineations are made using a three-parameter system based on hydrophytic vegetation,
hydric soils, and hydrology (frequency of saturation, flooding and inundation). Methods of observation
and determination for each wetland criterion are described below.
Hydrophytic Vegetation
Vegetation habitats which met the criteria of wetland-associated vegetation (hydrophytic vegetation)
were dominated by species classified as obligate wetland plants (OBL), facultative wetland plants
(FACW), or facultative plants (FAC) based on the National List of Plant Species that Occur in
Wetlands (USFWS 1988).
Hydric Soils
The San Diego Soil Survey (Bowman 1973) and the San Diego County Hydric Soil List (USDA-SCS
1992) were consulted to determine the mapping units listed for the study site and the hydric status of
these soils. This site was part of the lagoon at the time of the soil survey, so all soils information in
this report is based on field observation. Soil test pits were examined at each data point in the
determination. These soils were examined for physical and chemical evidence of hydric conditions.
Loamy soils were evaluated using the chroma index from the Munsell Soil Color Charts (Munsell Color
1974). Other indicators of hydric soils such as vertical organic streaking in sandy soils, mottling, and
the presence of spodic and organic pans were also used as indicators of hydric soils.
Wetland Hydrology
Hydrologic wetland indicators included evidence of flow, ponding, and accumulations of debris and
sediments. Additional hydrologic indicators were used to define any non-wetland waters of the United
States.
The potential for wetlands jurisdictional under the CDFG pursuant to Fish and Game Code §1600 et
seq. was also investigated. The breadth of areas subject to regulation by CDFG under §1600 are less
clearly defined than those regulated by the Corps; however, in general, the policies are fairly consistent.
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It is clear that all rivers, streams, lakes and streambeds which may exhibit "intermittent flows of water"
are covered by the California statutes. Section 1600 et seq. jurisdiction extends over all riparian habitat
supported by a river, stream, or lake regardless of the riparian area's federal wetland status.
3.4 BIOLOGICAL SURVEY LIMITATIONS
Depending on the season during which a field survey is conducted, some sensitive amphibians, reptiles,
birds, mammals, and annual plants can be difficult or impossible to inventory. The effects of drought
may cause temporary shifts in local distribution of species which may recolonize a site when more
typical rainfall patterns resume.
Many groups of vertebrates are difficult to find during short-term field surveys. Some, such as
migratory or nomadic birds, may be absent from the site when the field work is conducted. Other
species occur in low densities and are easily missed.
However, through literature review, study of museum records, and knowledge of the habitat
requirements and distribution patterns of individual species, the probability of a given species being
present on a site can often be fairly accurately predicted. Species which are declining or have naturally
patchy distribution patterns may not be present in areas of what appears to be suitable habitat. Thus,
some habitats must be surveyed at the proper season to determine the status of certain species. Since
this survey was conducted in late summer, results concerning breeding birds are not conclusive.
4.0 RESULTS
4.1 VEGETATION HABITATS
Vegetation habitats are assemblages of plant species that usually coexist in the same area. The
classification of vegetation habitats is based on the life form of the dominant species within that habitat
and the associated flora. The vegetation types follow those of Holland (1986). In some instances, there
may be an assemblage of plant species for which there is not an adequate description in this reference.
In that case, a category was selected which reflected both the floristics and physiognomy of that
assemblage. There are four vegetation habitats that occur within or adjacent to the study site (Figure 4,
Map Sheet 1).
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LEGEND
! Freshwater Marsh DA Depressional Area RUD Ruderal
RSM Relict Salt Marsh DIS Disturbed Scrub
Figure 4. Vegetation Habitat Types & Wetland Delineation r=no'
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PSBSIT016Q 10
4.1.1 RUDERAL
Ruderal refers to land recently or continually disturbed in which the earliest successional plant species
are typically dominant. These species in coastal San Diego County tend to be normative, often
invasive, annuals. The proposed access road travels through a ruderal area (Photograph 1). Dominant
species of the ruderal area are hottentot-fig (Carpobrotusedulis), castor-bean (Riciniscommunis), Bermuda
grass (Cynodon dactylon), garland {Chrysanthemum coronarium), telegraph weed (Heterothecagrandiflora),
wild oat (Avena sp.), and non-native brome grasses (Bromus sp.).
4.1.2 DISTURBED SCRUB HABITAT
The majority of the site is covered by a disturbed shrub habitat which has colonized the site since the
fill was placed in 1972, prior to the implementation of the Clean Water Act (Figure 4, Map Sheet 1).
This habitat does not truly conform to any Holland classification of natural communities. Dominant
species of the disturbed shrub areas include coastal goldenbush (Isocoma menziesit), Bermuda grass,
hottentot-fig, deerweed (Lotus scoparius), and garland (Photograph 2). Scattered throughout the
disturbed scrub habitat were slight depressions with indications of some ponding (dried broken pieces
of algal mat). Most of these were only a few square feet and not conducive to mapping. Vegetation
and soils in these areas did not appear different from the surrounding area.
4.1.3 DEPRESSIONAL AREAS
Two locations which appeared to pond water ephemerally were larger and deeper than those described
as inclusions above (Figure 4, Map Sheet 1). These pools were dominated by grass poly (Lythrum
byssopifolia) and cocklebur (Photographs 3 & 4).
4.1.4 OFF-SITE FRESH WATER MARSH
Several patches of fresh water marsh abut the project site below the riprap line (Figure 4, Map Sheet
1, Photograph 5). None of these areas will be directly impacted by the project. However, due to their
status as wetlands, their locations are mapped so it will be possible to minimize or avoid indirect
impacts to these areas. There are two main patches of this habitat: one along the west border of the
property, and one between the east boundary of the property and the railroad right-of-way. Both of
these areas are dominated by southern cattail (Typha domingensis] and California bulrush (Scirpus
californicus). The east patch also contains fleshy jaumea (Jaumea, carnosa) on the banks, a few young
willows (Salix laevigata and Salix lasiolepis) and some exotic species including tamarisk (Tamarix sp.),
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fennel (Foeniculum vulgare), and cocklebur (Xanthium strumarium). The west patch includes salt marsh
fleabane (Pluchea oderata) and Kikuyu grass (Pennisetum clandestinum).
4.1.5 OFF-SITE RELICT COASTAL SALTMARSH
There is a very small patch of relict coastal saltmarsh habitat off-site to the east (Figure 4), just south
of the east patch of fresh water marsh (Photograph 6). This area will not be directly impacted by the
project. However, due to its status as a wetland, its location has been mapped so it will be possible to
minimize or avoid indirect impacts to this areas. This area is dominated by Olney's bulrush (Scirpus
americanus), fleshy jaumea, pickleweed (Salicomia virginica), alkali heath (Frankeniasalina), and Dallis
grass (Papsalum dilatum).
4.2 FLORA
Forty-five species of plants were observed during the surveys. Twenty-four of these species,
approximately 53 percent, are plants that are not native to California. The high percentage of non-
native species on-site is expected on disturbed land. See Appendix 1 for a complete floral list.
4.3 FAUNA
Eighteen animal species were observed on-site or in the adjacent lagoon (Appendix 2).
4.3.1 AMPHIBIANS
No amphibians were observed during the 23 September 1996 survey.
4.3.2 REPTILES
A western fence lizard (Sceloporus occidentalis) was observed on the riprap.
4.3.3 BIRDS
During the 23 September 1996 survey of the site, 15 species of birds were observed utilizing the
property and adjacent lagoon. Birds noted on the site included mourning dove (Zenaida macroura),
Anna's hummingbird (Calypte anna), black phoebe (Sayornis nigricans), and song sparrow (Melospiza
melodia). Birds using the adjacent lagoon and associated wetlands included common yellowthroat
(Geothlypis trichas), red-winged blackbird (Agelaius phoeniceus), mallard (Anas platyrbynchos), gadwall
(Anas strepera), and ruddy duck (Oxyura jamaicensis). A complete list is presented in Appendix 2.
4.3.4 MAMMALS
Two mammal species were detected during the 23 September 1996 survey: desert cottontail (Silvilagus
audubonit), and domestic dog (Cants domesticus).
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5.0 SENSITIVE BIOLOGICAL RESOURCES
5.1 SENSITIVE VEGETATION COMMUNITIES
Sensitive habitats are those which are considered rare within the region, are considered sensitive by the
County of San Diego or the California Department of Fish and Game (CDFG), or support sensitive
plants or animals.
5.1.1 FRESH WATER MARSH
Coastal and freshwater marsh is a community dominated by perennial, emergent monocots which grow
in standing fresh water. This community occurs around lagoons and river mouths along the coast, and
around lake margins at more inland locations (Beauchamp, 1986). Common species within this
community include: cattails (Typha spp.), umbrella sedge (Cyperus spp.), bulrush (Sdrpus spp.), sedge
(Carex spp.), and spike sedge (Eleocharis spp.).
5.1.2 SALTMARSH
When in its natural state, southern coastal salt marsh is a highly productive community, consisting of
both herbaceous and suffructescent (slightly woody), salt tolerant hydrophytes (plants existing in an
aquatic environment) (Holland, 1986). Coastal salt marsh plants are distributed along distinct zones
depending upon such environmental factors as frequency and length of tidal inundation, salinity levels
and nutrient status (MacDonald,1977). Cordgrass (Spartina virginica) forms an almost monoculture at
the lowest elevations within the salt marsh. These are the areas that are subjected to the longest periods
of submergence (Beauchamp 1986). Pickleweed (Salicomia sp.), sea lavender (Limonium californicum),
salt grass (Disticblis spicata), salt cedar (Monantbocbloe littoralis), American saltwort (Batis maritima),
fleshy jaumea (Jaumea camosa), alkali heath (Frankenia salina) all occur at the upper regions of salt
marshes (Beauchamp, 1986).
The saltmarsh in the study area is relict of the time when this lagoon was open to tidal influence and
supported the entire saltmarsh community. Although a small patch of the vegetation occurs, its
hydrology and soils are completely different from those of a native saltmarsh habitat. The vegetation
consists predominantly of upper marsh species; no cordgrass occurs on the site. It is unlikely that this
small patch supports any of the wildlife species associated with native upper marsh.
5.2 SENSITIVE FLORA
Sensitive flora include those listed by the United States Fish and Wildlife Service (USFWS) and/or
CDFG, candidates for listing by USFWS and/or CDFG, species considered sensitive by CDFG, floral
species considered sensitive by the California Native Plant Society (CNPS), and/or species considered
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sensitive by the San Diego Association of Governments (SANDAG). No sensitive plant species were
observed during the 23 September 1996 survey and none is expected to occur on-site.
5.3 SENSITIVE FAUNA
Sensitive fauna includes those listed by USFWS and CDFG; candidates for listing by USFWS or
CDFG; species considered sensitive by CDFG; and species considered sensitive by SANDAG. No
sensitive faunal species were detected on-site. However, five pairs of light-footed clapper rails (Rallus
longirostris levipes) are known to use the lagoon (Richard Zembal, USFWS, personal communication,
October 1996). There are historic reports that the eastern patch of fresh water marsh has been used
by the clapper rail. This species is listed as endangered under both federal and state Endangered Species
Acts. No individuals were noted during the site visit, but it is possible that they might use the tall
wetland vegetation east of the site. Due to this species protected status, negotiations will be required
with the U.S. Fish and Wildlife Service (USFWS) to offset any indirect impacts to this species (Richard
Zembal, USFWS, personal communication, January 1995).
Based on our observation of cobbly, sandy habitat to the west of the project, this area may have served
as western snowy plover (Charadrius alexandrinus nivosus) habitat in the past, but intense human use
of this area now precludes such use. In addition several ducks were noted in the project site vicinity,
including the ruddy duck, mallard, and gadwall. These species have no formal protection other than
that offered under the Migratory Bird Act. These ducks may use the site for loafing.
5.4 WETLAND DELINEATION
Two small distinct ephemeral pools are located in the project site. The pools are several inches deep,
divided by a mound, and are dominated by different plants than the surrounding disturbed scrub
habitat. One of these pools is approximately 25 square feet in size, and the other is approximately 75
square feet in size. The smaller is dominated by grass poly, a non-native species with an indicator status
of FACW. The larger of the two pools is dominated by both grass poly and cocklebur (non-native,
FAC+). Soils in these pools are medium chroma clay (10YR 3/4). No mottles were noted at the time
of fieldwork. These pools are located in a part of the site which was filled prior to November 1972,
and are not native vernal pools. They are artifacts of uneven grading during that original fill. They
are dominated by hydrophytic non-native vegetation. A distinct boundary around the border of the
pool can be seen between the pool dominants and the surrounding disturbed scrub. Generally, a
chroma of 4 with no mottles is insufficient to establish the presence of hydric soils. However, due to
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the unusual nature of the site, an argument could be made that the site constitutes a "Problem Area."
The jurisdictional status of these two ephemeral pools will need to be determined by the agencies.
All other jurisdictional areas are located outside the site boundary. Fresh water marsh occurs on the
northwest and eastern boundaries of the site, below the riprap line. These areas are inundated between
1 and 12 inches, and are dominated by California bulrush and southern cattail. The east patch also
contains fleshy jaumea on the banks, a few young willows and some exotic species including tamarisk,
fennel, and cocklebur. The west patch includes salt marsh fleabane and Kikuyu grass. Soils in these
areas are low chroma silty clay (10 YR 3/1) with few distinct mottles (10 YR 3/4). These areas meet
the criteria for wetlands. Unvegetated, inundated areas below the riprap line constitute non-wetland
waters of the United States.
There is a very small patch of relict coastal saltmarsh habitat off-site to the east, south of the east patch
of fresh water marsh (Photograph 6). This area is dominated by Olney's bulrush, fleshy jaumea,
pickleweed, alkali heath, and Dallis grass. This area is at the base of a small drainage which carries
storm water from the south. Perhaps this small drainage once emptied into the fresh water marsh on
the east side of the site. Currently, however, a footpath cuts off the flow to the fresh water marsh, and
water appears to backup into the relict saltmarsh area. Soils are silty sand with some organic streaking.
6.0 EXPECTED IMPACTS
The proposed development plan minimizes impacts to the extent possible on the property. It avoids
all of the offsite wetland habitats (Map Sheet 2). The two ephemeral pools of questionable jurisdiction
would be graded. The two ephemeral pools do not support any native sensitive plant species, and
combined are only approximately 125 square feet.
The U.S. Fish and Wildlife Service (USFWS) has requested buffers around the shoreline (Appendix 5 -
Letter dated 2/1/95). The development plan proposes the two buffers: a 50' buffer from the shore
on the west side of the property and a 100' buffer from the shore on the east side of the property
where the fresh water marsh lies that has been historically used by the light-footed clapper rail. These
buffers are respected by project design except for an encroachment of 0.08 acre at the southern-most
edge of the 100' buffer to allow access to the property. The encroachment into this eastern buffer will
need to be mitigated in a manner acceptable to the USFWS.
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS rroieo is
7.0 RECOMMENDATIONS TO MITIGATE IMPACTS
Many of the potential impacts associated with the development of this property have been minimized
by the design of the project. These design factors include the following:
1) A total of 1.62 acres dedicated in buffers established along the shoreline have been proposed
and respected in the design of the development, with a 0.08-acre encroachment necessary for
access onto the property. This encroachment has been minimized to the extent possible. An
attempt was made to gain an additional easement into the parcel from the south side of the site
so that no encroachment into the 100' buffer would be required, but this was not acceptable
to the adjacent home owners's association (Appendix 5).
2) Access to the site will be predominantly along an established dirt road through ruderal non-
sensitive vegetation and will not impact sensitive resources.
3) A Habitat Protection Fence is proposed along the 100' buffer to ensure that foot traffic and
pets are excluded from the buffer area. This fence would be 3-4 feet tall and may include an
additional biological barrier along it (e.g., Botigainvillea sp., Rosa sp., or Carissa sp.).
In addition to these design specifications, there are additional recommendations for minimizing impacts:
1) Due to the potential presence of the light-footed clapper rail, construction should avoid the
breeding season. In the event that construction overlaps with the breeding season, it may be
necessary to conduct focussed surveys for the rail immediately before and after the proposed
activities are conducted. Baseline determinations will help avoid impacts to sensitive resources.
This issue may also be dealt with through negotiations with the USFWS and CDFG.
2) Any outdoor light fixture should be shielded on the east side to minimize the amount of light
entering the marsh, which may impact the rail at such a proximity.
In order to access the property, an encroachment of 0.08 acre into the original 100' buffer (1.18 acres)
is necessary. Pacific Southwest does not consider this to be a significant impact. However, the agencies
may require mitigation. Appendix 5 includes a letter correspondence from USFWS which describes
some of the potential mitigation measures.
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS #70160 16
8.0 LITERATURE CITED
33 U.S. Code § 1344 (Clean Water Act §404, previously known as Federal Water Pollution Control
Act §404).
American Ornithologists' Union. 1982. Thirty-fourth Supplement to the A.O.U. Checklist of North
American Birds. Auk 99:3, July, 1982. 16 pp.
American Ornithologists' Union. 1983. Checklist of North American Birds, 6th Edition. American
Ornithologists' Union.
American Ornithologists' Union. 1989. Thirty-seventh Supplement to the American Ornithologists'
Union Checklist of North American Birds. Auk 106: 532-538.
Beauchamp, R. M. 1986. A Flora of San Diego County, California. Sweetwater River Press, National
City, CA. 241 p.
Bowman, Roy H. 1973. Soil Survey of the San Diego Area, California, Part I. U.S. Department of
Agriculture, Soil Conservation Service and Forest Service, in cooperation with the University
of California Agricultural Experiment Station, the U.S. Department of the Interior, Bureau of
Indian Affairs, the Department of the Navy, United States Marine Corps, the Department of
Housing and Urban Development, and the County of San Diego Planning Department.
December, 1973.
Brady, N.C. 1974. The Nature and Properties of Soils, 8th Edition. MacMillian Publishing Co., Inc.,
New York, New York.
California Department of Fish and Game. 199 la. Fish and Game Code of California. Gould
Publications, Altamonte Springs, Florida.
Collins, J. T., J. E. Huheey, J. L. Knight, H. M. Smith. 1978. Common and Current Scientific Names
for North American Amphibians and Reptiles. Society for the Study of Amphibians and
Reptiles. Misc. Publ. Herpetology Circular #7.
Collins, Joseph T. 1990. Standard Common and Current Scientific Names for North American
Amphibians and Reptiles (3rd ed.). The Society for the Study of Amphibians and Reptiles.
Herpetological Circular No. 19.
Endangered Species Act of 1973. Public Law 93-205: Stat. 884. 93rd Congress. S. 1973. December
28, 1973.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical
Report Y-87-1. U.S. Army Engineers Waterways Experiment Station, Vicksburg, Mississippi.
Hall, E. Raymond, Ph.D. 1981. The Mammals of North America. Two volumes. John Wiley &
Sons, New York, New York. 1,181 pp + Technical Appendices.
Hickman, James C., ed. 1993. The Jepson Manual, Higher Plants of California. University of
California Press, Berkeley. 1400pp.
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS #70160 17
Holland, Robert F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. California Department of Fish and Game.
Holstein, Glen, Deborah Jensen and Robert Holland. 1990. Natural Community: Terrestrial Section
modifications. California Department of Fish and Game, California Natural Diversity Data
Base.
Jones, J. Knox, Jr., Robert S. Hoffmann, Dale W. Rice, Clyde Jones, Robert J. Baker, and Mark D.
Engstrom. 1992. Revised Checklist of North American Mammals North of Mexico, 1992.
Occ. Papers The Museum of Texas Tech. Univ. Number 146. 23 pp.
Munsell Color. 1975. Munsell Soil Color Charts. Macbeth, a Division of Kollmorgen Corporation,
Baltimore, Maryland.
Reed, P.B. Jr. 1988. National List of Plant Species that Occur in Wetlands: California (Region 0).
U.S. Fish and Wildlife Service Biological Report 88(26.10). May 1988.
Rogers, Thomas H. 1973. Geologic Map of California, Santa Ana Sheet. California Division of Mines
and Geology, Sacramento, California.
Schoenherr, A.A. 1992. A Natural History of California, Cismontane Southern California,
p. 313-405, and The Coastline, p. 627-724. University of California Press, Berkeley, California.
U.S. Army Corps of Engineers. 1991. Nationwide Permit Program Regulations and Issues, Reissue,
and Modify Nationwide Permits; Final Rule. Federal Register 56(226).
U.S. Department of Agriculture - Soil Conservation Service. 1992. Hydric Soils of San Diego County.
/
U.S. Fish and Wildlife Service. "1991. Endangered and Threatened Wildlife and Plants; Animal
Candidate Review for Listing as Endangered or Threatened Species, Proposed Rule. 50 CFR
Part 17. Federal Register Part VHI, November 21, 1991.
U.S. Geological Survey. 1975. San Luis Rey Quadrangle, 7.5 minute series (Topographic).
Zembal, Richard. USFWS. Personal communication. January 1995.
10/15/96 Pacific Southwest Biological Services, Inc.
APPENDIX 1
FLORAL CHECKLIST OF SPECIES OBSERVED
PSBS #70160 A-l-1
APPENDIX l.FLORAL CHECKLIST OF SPECIES OBSERVED
DICOTYLEDONS
Aizoaceae - Carpet-weed Family
* Carpobrotus edulis (Molina) N.E. Brit, hottentot-fig
Anacardiaceae - Sumac Family
* Schinus terebinthifoiius Raddi Brazilian pepper tree
Apiaceae - Carrot Family
* Foeniculum vulgare MilL fennel
Asteraceae - Sunflower Family
Amblyopapptts pucillus Hook. & Am.
Ambrosia psilostachya D.C. western ragweed
Baccharis salicifolia (R. & P.) Pers. mule fat
* Centaurea melitensis L. tocalote
* Chrysanthemum coranarium L, garland
* Cortyza canadeniis (L.) Cronq. horseweed
Heterotheca grandiflora Nutt. telegraph weed
Isocoma menziesii (Hook. & Am.) Nesom goldenbush
Jaumea carnosa (Less.) A. Gray
Pluchea odorata Cav. salt marsh fleabane
* Xanthium strumarium L. cocklebur
Boraginaceae - Borage Family
Heliotropium curvassavicum L. salt heliotrope
Cactaceae - Cactus Family ,
Opuntia littoralk (Engelm.) Ckll. coast prickly-pear
Chenopodiaceae - Goosefoot Family
Salicornia virginica L. pickleweed
Euphorbiaceae - Spurge Family
Eremocarptu setigertu (Hook.) Benth. doveweed
* Ricinus communis L. castor-bean
Fabaceae - Pea Family
* Acacia latifolia Bench, golden wattle
Lotus scoparius Munz deerweed
Frankeniaceae - Frankenia Family
Frankenia salina (Molina) Jtn. alkali heath
Geraniaceae - Geranium Family
* Erodium moschatum (L.) L'Her. white-stem filaree
Lythraceae - Loosestrife Family
* Lythrum hyssopifolia L. grass poly
Myoporaceae - Myoporum Family
* Myoporum laetum Forst. F. Ngaio
Plumbaginaceae - Leadwort Family
* Limonium perezii (Stapf.) Hubb Perez rosemary
* Limonium sinuatum (L) MflL notchleaf marsh-rosemary
HABITAT
Scrub, Ruderal, Freshwater Marsh
Freshwater Marsh
Freshwater Marsh, Scrub
Scrub
Scrub
Freshwater Marsh
Scrub
Freshwater Marsh, Scrub, Ruderal
Scrub
Scrub, Ruderal
Scrub
Freshwater Marsh
Scrub
Freshwater Marsh, Scrub
Scrub
Scrub
Saltmarsh
Scrub
Freshwater Marsh, Ruderal
Scrub
Scrub
Saltmarsh
Scrub
Scrub
Scrub
Scrub
Scrub
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS #70160 A-l-2
Polygonaccac - Buckwheat Family
* Rumex crispus L. curly dock
Primulaceae - Primrose Family
* Anagallis arvensis L. scarlet pimpernel
Salicaceac - Willow Family
Salix laevigata Bebb red willow
Salix lasiokpis Benth. arroyo willow
Tamaricaceae - Tamarisk Family
* Tamarix ramosissima Ladeb. East Asian tamarisk
Freshwater Marsh
Scrub
Freshwater Marsh
Freshwater Marsh
Freshwater Marsh
MONOCOTYLEDONS
Cyperaceae - Sedge Family
Scirpia americanus Pers. Olney's bubrush
Scirpus californicus (C.A. Mey.) Steudel. California bubrush
Scirpus rohustus Pursh prairie bubrush
Juncaceae - Rush Family
funcus acutus L. ssp. leopoldii (Parl.) Snag, spiny rush
Poaceac - Grass Family
* Avena barbata T.infc slender wild oat
* Bromus diandrus Roth ripgut grass
* Bromus hordeaceus L. soft chess
* Bromus madritmsu L. ssp. rubens (L.) Husnot red brome
* Cynodon dactylon (L.) Pers. Bermuda grass
Distichlis spicata (L.) Greene saltgrass
* Paspalum dilatation Poir. Dallis grass
* Pennisetum clandestinum Chiov. Kikiyu grass
Typhaceae - Cattail Family
Typha dotningensis Pers. Southern cattail
Freshwater Marsh, Saltmarsh
Freshwater Marsh
Freshwater Marsh
Freshwater Marsh, Scrub
Scrub, Ruderal
Scrub, Ruderal
Scrub, Ruderal
Scrub, Ruderal
Scrub, Ruderal
Freshwater Marsh, Scrub, Saltmarsh
Saltmarsh
Freshwater Marsh
Freshwater Marsh
* - Denotes non-native plant taxa
10/15/96 Pacific Southwest Biological Services, Inc.
APPENDIX 2
ANIMALS OBSERVED OR DETECTED
PSBS #10160 A-2-1
APPENDIX 2. ANIMALS OBSERVED OR DETECTED
HABITAT
COMMON NAME SCIENTIFIC NAME HABITAT
REPTILES
Phrynosomatidae
Western Fence Lizard Sceloporus occidentals Scrub
BIROS
Podicipedidae (Grebes)
Pied-billed Grebe
Phalacrocoracidae (Cormorants)
Double-crested Cormorant
Anatidae (Swans, Geese, and Ducks)
Mallard
Gadwall
Ruddy Duck
Rallidae (Rails, Gallinules, and Coots)
American Coot
Columbidae (Pigeons and Doves)
Mourning Dove
Trochilidae (Hummingbirds)
Anna's Hummingbird
Tyrannidae (Tyrant Flycatchers)
Black Phoebe
Say's Phoebe
Aegithalidae (Bushtit)
Bushtit
Troglodytidae (Wrens)
Bewick's Wren
Emberizidae (Warblers, Sparrows, Blackbirds
Common Yellowthroat
Song Sparrow
Red-winged Blackbird
Podilymbus podiceps
Phalacrocorax auritus
Anas platyrhynchos
Anas strepera
Oxyura jamaicensis
Fulica americana.
Zenaidn macroura
Calypte anna
Sayomis nigricans
Sayomis soya
Psaltriparus minimus
Thryomanes bewickii
and Relatives)
Geotklypis tricbas
Melospiza melodia
Agelaius pboeniceus
Lagoon
Lagoon
Lagoon
Lagoon
Lagoon
Lagoon
Scrub
Scrub
Fresh Water Marsh, Scrub
Scrub
Fresh Water Marsh, Scrub
Scrub
Fresh Water Marsh
Fresh Water Marsh, Scrub
Lagoon
MAMMALS
Leporidac (Rabbits and Hares)
Desert Cottontail
Canidae (Foxes, Wolves, and Relatives)
Domestic Dog
Sylvilagus audubonii
Canis familiaris
Scrub
Scrub
10/15/96 Pacific Southwest Biological Services, Inc.
APPENDIX 3
PHOTOGRAPHS
PSBS #70160 A-3-1
Photograph 1. Overview of the site looking northwest with ruderal habitat in the foreground.
Photograph 2. Disturbed scrub habitat which dominates the majority of the site.
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS rroieo A-3-2
Photograph 3. Ephemeral pools dominated by grass poly (Lythrum hyssopifolium) and cocklebur
(Xantkium strumarium).
Photograph 4. Ephemeral pool dominated by grass poly only.
r
10/15/96 Pacific Southwest Biological Services, Inc.
PSBS #T0160 A-3-3
Photograph 5. Fresh water marsh at the base of the riprap. The lagoon and train tracks are
visible in the background
Photograph 6. Relict saltmarsh dominated by fleshy jaumea, alkali heath, pickleweed, and
Olney's bulrush.
10/15/96 Pacific Southwest Biological Services, Inc.
APPENDIX 4
DATASHEETS
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Proiect/Site: ^n~^^^ I/;<,TV. L-c
Aoolicant/Owner: S«^_ 'fer-,' AL_^~
Investiaatorj'sy: £p*O
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
S.^\s
U'Ye's No
Yes iX"No
Is the area a potential Problem Area? Yes _^"No
(If needed, explain on reverse or attach separate sheet.)
Date. ^ TL&^W*
State: CA ^
Community ID: 6vpSL-J ^ ^oot
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species
ro,r \<L&. d^ r^fJr
\_ Kr i/v<B^>vU^4^VMA^-^. doro'-y^
3< °J-*5a c^/nc-^^- _iv\ o^. "^. i i_£ i (^^
4.
5.
6.
7.
a.
Stratum Indicator
*0[_
/o 1 —
K3L.
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). C)
Remarks:
1 . Assume presence of wetland vegetation? Yes v^"^No
2. Rooted emergent vegetation present? Yes _j£^T7b
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
. (in.)
(in.I
On.)
Upper 12" 13-18'
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in:
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Vwuands
Secondary Indicators (2 or more (squired):
Oxidized Root Channels :n:
Water-Stained Leaves
Local Soil Survey Dots
FAC-Neutral Test
V^Other (Explain in Roma:-,;)O.
Upper 12"
13-18"
C <
Observations and Remarks:
1. Filamentous or sheet forming algae present? Yes No
2. Slope: O-2%; or > 2%
3. Oxidized rhizospheres: new roots only: old roots only: new and old roots, or nofe
4. Flooding: none, flooding not probable: rare, unlikely but possible under unusual weather conations:
occasional, occurs on an average of once or less in 2 years, or frequent, occurs on an avers^e of more than once
in 2 years.
5. Duration: very brief, if < 2 days: brief, if 2-7 days, of long, if > 7 days
6. Site ponds water? Yes No
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Prnjoft/^'t"' O^-M.— - if UK^ Ln^^rtr*
Applicant/Owner: Si^l^rSxA-^- M
Investigator^: £LftO ^
Do Normal Circumstances exist on the site? VTCS
Is the site significantly disturbed (Atypical Situation)? Yes
Is the area a potential Problem Area? _j^Y"es
(If needed, explain on reverse or attach separate sheet.) ff^aff-
fbr
^ ^ lie-
No
-T'E^f.Tl1'^
Date: *^v wi«p* ' MD
Countv: 5*.^ "*T5 -,« „ ^
State: C-K ^
Community ID: £cA*v-a-~A. a<
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species
..L^W, u^^-.pj^
/V p-^-Ctr\ \ \s*~r^*^ fVr^L. ^v-^x^-j i
3.
4.
5.
6.
7.
8.
Stratum Indicator
f(^<L^
F^CL-'-
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC-). \OO
Remarks:
1. Assume presence of wetland vegetation? <^Yes No
2. Rooted emergent vegetation present? Yes ^- — iCo
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
.(in.)
(in.)
(in.)
Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
v — Saturated in: *-^^~Upper 12"
_ Water Marks
_ Drift Lines
_ Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in:
13-18'
Upper 1 2"
13-18'
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
•r (Explain in Remarks)
Observations and Remarks:
1. Filamentous orsbpet forming algae present? i/" Yes _ No
2. Slope: ^0-2%; or _ > 2%
3. Oxidized rhizospheres: _ new roots only; _ old roots only; _ new and old roots, or _ none
4. Flooding: _ none, flooding not probable; _ rare, unlikely but possible under unusual weather conditions;
_ occasional, occurs on an average of once or less in 2 years, or \/^frequent. occurs on an average of more than once
in 2 years.
5. Duration: _ very brief, if < 2 days; _ brief, if 2-7 days, or * -- long, if > 7 days
6. Site ponds water?Ato
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: /\3tf^f^r
Aoolicant/Owner: ^fa
Investigator/^;: &-P&
_ ^.^ L^
.. ^r.VVJ-
2> ^
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
(J^
V^Yes Xo
Yes /No
Is the area a potential Problem Area? Yes V^No
(If needed, explain on reverse or attach separate sheet.)
Date: ^ ^^Pf^Countv: S«vrN~Oia^
State: Cs& ^
Community ID: vOrV
Transect ID:
Plot ID:
- VEGETATION
Dominant Plant Species
'• 1 i^pi£«X. O.O^f\\e\f^n^t\^><
2<CV n 0 ^oc^ c~o^-= c.-o<jy<^tMO»T i . . -
3.
4.
5.
6.
7.
8.
Stratum Indicator
O&L
OP>1
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). \CO
Remarks:
1. Assume presence of wetland vegetation? * Yes No
2. Rooted emergent vegetation present? ^ Yes No
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
. (in.)
. (in.)
(in.)
Wetland Hydrology Indicators:
Primary Indicators:
v^lnundated
Saturated in: Upper 12" 13-18"
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in: Upper 1 2"
13-18'
Water-Stained Leaves
Local Soil Survey Doia
v^FAC-Neuual Test
Other (Explain in Remarks)
Observations and Remarks:
1. Filamentous or street forming algae present? <r~- Yes No
2. Slope: \/O-2%; or > 2%
3. Oxidized rhizospheres: new roots only; old roots only; new and old roots, or none
4. Flooding: none, flooding not probabfe; rare, unlikely but possible under unusual weather conditions;
occasional, occurs on an average of once or less in 2 years, or >*•—Treguent, occurs on an average of more than
in 2 years.
5. Duration: vary brief.it, < 2 days; brief, if 2-7 days, or y^Xtonq. if > 7 days
6. Site ponds water? v^^Ves No
once
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Proiect/Site: Ofvtr-^ \As4^ i—^aq — ,^
Aoolicant/Owner: ^ic*~_ 'Psc-j^Li— ^
Investiaatorrsy: <£. AC ^
Do Normal Circumstances exist on the site? y Yes No
Is the site sianificantly disturbed (Atypical Situation)? Yes V" No
Is the area a potential Problem Area? Yes >x*f?o
(If needed, explain on reverse or attach separate sheet.)
Date: 13) ^,^,4- Pfi6
County: $*+~^ ^ •'.«-*.,#
State: CA «
Community ID: f?vO/v\_
Transect ID:
Plot ID:
- VEGETATION
Dominant Plant Species
' ^C,i<-D*-«^ £"_OC'iVnrrM' e_tvo^ ^ *-— y k-""~
' l/NO^V— r\ I3XVV t\f> t/v"V«,i<
Ml VV/J^t-t- CV$a^eJ-<_
4.
5.
6.
7.
8.
Stratum
-
Indicator
OP>£_
o^<_
o^u
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). |OO
Remarks:
1 . Assume presence of wetland vegetation? f Yes No
2. Rooted emergent vegetation present? /" Yes No
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
. (in.)
(in.)
(in.)
Wetland Hydrology Indicators:
Primary Indicators:
"* Inundated
Saturated in: Upper 12" 13-18'
Water Marks
Drift Lines
__ Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in: Upper 1 2"
13-18"
Water-Stained Leaves
Local Soil Survey Data
l*-"£AC-Neulral Test
Other (Explain in Remarks)
Observations and Remarks:
1. Filamentous or sheet forming algae present? * Yes No
2. Slope: \/^ 0-2%; or > 2%
3. Oxidized rhizospheres: new roots only; old roots only; new and old roots, or none
4. Flooding: none, flooding not probable; rare, unlikely but possible under unusual weather conditions:
occasional, occurs on an average of once or less in 2 years, or y—frequent, occurs on an average of more than once
in 2 years.
5. Duration: very brief^jf < 2 days; brief, if 2-7 days, or _\/long. if > 7 days
6. Site ponds water? \SYes No
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:
Applicant/Owner:
Investigator^:
'fe^^Z^k, U
<3ti_ -T&f-^\Jc
eijxo ^
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
vS^
\XYes Ho
Yes r No
Is the area a potential Problem Area? V^es No S» — ~^7\ Sto'rjj
(If needed, explain on reverse or attach separate sheet.) ojH-«-~uJi ^te^ch&J'So&fn.
Date: OT^ "^e!" ^^
Countv: •So.^,'~C^i<L*,a
State: C^ °
Community ID: r^,\;cA sJl-h
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species
— J o-*'wa^_ C_c^c oo«s^
\~V /»--~V<C^"-N', «w SoJiirso.,
\e*. p S«=-' v^v-— — pi\ . \ £^Ti/—v—
4--_>o-l i Csjc ^ ,^ Vi rr*',rv'CA-
s.Cl • ' °•— -^C^l rp6-^i -O»>-fW^lC" if JLis^vA^rs>i
6.
7.
8.
Stratum Indicator
Q\^_
lrAoJ*
PACL
06L.
O^L
Dominant Plant Species
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of Dominant Species that are 08L, FACW or FAC (excluding FAC-). 1 OO"%,
Remarks:
1 . Assume presence of wetland vegetation? \/ Yes No
2. Rooted emergent vegetation present? Yes No
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream. Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
.(in.)
(in.)
(in.)
Wetland Hydrology Indicators;
Primary Indicators:
Inundated
Saturated in: Upper 12" 13-18'
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in: Upper 1 2"
13-18-
Water-Stained Leaves
Local Soil Survey Dnta
_^fFAC-Neutral Test
(Explain in Remark
Observations and Remarks:
1 . Filamentous or sheet forming algae present? _ Yes _ No
2. Slope: */ O-2%; or _ > 2%
3. Oxidized rhizospheres: _ new roots only.' _ old roots only; _ new aod'o/d roots, or _ none
4. Flooding: _ none, flooding not probable; _ rare, unlikely out possible/under unusual weather conditions:
_^_ occasional, occurs on an average of once or less in 2 years, or V frequent, occurs on an average of more than once
in 2 years. /
5. Duration: _ very brief, if < 2 days: _ brief, if 2-7 days, or \S long, if > 7
6. Site ponds water? i/ Yes No
days
APPENDIX 5
CORRESPONDENCE
Department of Fish and Game
1350 Front Street, Room 3010
San Diego, California 92101 /•
(619) 525-4215"
February 1, 1995
Mr. Larry Richards
1315 Crest Drive
Encinitas, California
Dear Mr. Richards,
In regards to the property located immediately south and
east of the Buena Vista lagoon mouth, the Department has the
folloving comments:
Because of the close proximity of the property to the
lagoon, the Department feels that there should be a setback to
buffer the lagoon from development. However, as the lagoon in
this area is rimmed primarily by rip rap and has little vetland
vegetation on the northern edge of the subject property, the
Department is willing to accept a 50 foot setback for all
structures /from the mean high water level. In addition, a
minimum of 25 feet should have native plant species to provide
for wildlife needs.
On the eastern edge of the property, a stand of emergent
marsh exists, and would require a 50 foot setback with native
vegetation to buffer it. However, should any endangered species
be found to occupy this area, a minimum of 100 feet would be
required to prevent impacts to that species. As light footed
clapper rails have been noted in the immediate vicinity, this is
a strong possibility.
Thank you for the opportunity to comment on this proposal.
Any questions regarding this letter should be addressed to Mr.
Tim Dillingham at our San Diego office, phone: (619) 525-4215.
Sincerely,
John Massie
Senior Wildlife Biologist
Southern Region 5
cc: Tim Dillingham
Sea Brightc o m D a n vv
February 2,1996
U. S. Fish and Wildlife
2730 LokerAve. West
Carlsbad. CA 92008
Att. Jeff Manning
Ref. Buena Vista Lagoon Property off Mt View Dr.
A.P. # 155-101-65 & 155-190-13
_ Dear Jeff,
Thank you for the time you and the other agencies spent at our site meeting yesterday. I
revisited the site in the afternoon to formulate a revised plot plan for the two lots. I have enclosed
a new plan which I believe addresses the issues in both a sensible and responsible manner. The
key elements are:
1. Provide a 50' setback along the northwestern property line and install a 5' wide meandering
D.G. path. The path would concentrate fool traffic to a confined area and allow vegetation to
grow elsewhere. The path has a 10' diameter turnaround at it's northeastern terminus. This path
allows the public to enjoy the adjacent views of the lagoon, provides access to the water for the
occasional fisherman, but prevents intrusion to the sensitive habitat area along the eastern
property boundary. A 42" high fence [either open or solid] is proposed to separate the public from
the private rear yards as well as discourage access to the habitat area. A sign would be installed
at the southern property line informing users the walkway is open from dawn to dusk [similar to
pedestrian beach access gates in Carlsbad]. In addition we propose to post a sign near the
northeastern terminus of the walk indicating " Protected Habitat - Please Do Not Enter".
2. A 50' buffer from top of slope [approximately 70' from property line] is proposed along portions
of the eastern boundary. The width reduces as you near the southern limits of the property to
allow for driveway access and the required fire department turnaround. We are proposing total
restriction of public access to this habitat area. A 42" fence would be constructed along most of
the proposed eastern limits between the private residence's side yard and the habitat area. A 6'
fence is proposed in the southeastern portion of this area to totally discourage public intrusion to
the habitat area and private property. To further enhance the habitat area the thrush areas would
be cleaned of all the major debris that was littered by numerous squatter encampments [no less
than four] and the flat areas could be hydro-seeded with a non irrigated mix of the department's
specifications.
3. Due to the increased habitat setback the house and driveway on Parcel "A" were relocated
and the tennis court had to be totally eliminated. The house, driveway, and tennis court on Parcel
"B" were also replotted to accomodate the changes to Parcel "A".
The site visit by all brought to lite the degradation of the habitat area by intrusion of the public. It
is our strong belief that our revised proposal / plot plan provides for protection of said area in a
very firm sense yet still offers to the public it's passive enjoyment of the lagoon's waterfront via
the meandering walk and allows for the construction of single family homes on the two existing
lots.
V, i
Your response to our new plan / proposal is anxiously awaited.
Sincerely,
Robert O. Sukup
encl.
cc. John Levy
Bill Ponder - California Coastal Commission
Tim Dillingham - California Fish and Game
•"ROM :PHOE NO.
Attachment
November 1,1995
Mr. Bob Sukup
4322 Seabiieht Place
Caiicbad CA 92008
SUBJECT: PRE 95*38 - BUENA VISTA LAGOON LOTS
APN: l«.lfll-«5 * 155.190-13
Preliminary wiaw of your p*oj«ct wa« conducted on October 26, 1995. Listed below are
the ixsu« raised by staff. Please note that the puzpoae of a preliminary review is to provide
you with direction and comments on the overall concept of your project. The preliminary
does not represent an In-deptfr ^inahfria nf Tonr project. Additional tspica or concernn<^ rocessed for a tnqrc specific andtnav b« raised after aplication la
Planning:
1. This property U located within the MaQo U Local Coastal Program (LCF) s*gjn«at,
and accordingly, shall need to comply with «fl development provisions and standards
of this Coastal Progiam segment. Pursuant to the Meflo U LCF, any proposal far
development of thjj pjuycity ahall be required to;
a. Submit a biological resources survey of the property.
b. Locate tne boundary of th« watiaad (WetLuid Delineation Study) ozt the
property. ••
aQ development (structures) a minftnum of 100 feet from the
ietLaDd boundary. Tim LOO fiaot setback shall be required to be placed
under an open space easement u a condition of devcle-pmcat. Tne plan aa
proposed «fll have to be roviaed to comply with the required 100 foot
structural setback. The pruyoaol development wQ2 also have to be setback
(up to 50 £eet) from the "r
boundary.
Provide a lateral public
Vista Lagoon.
n habitat located along the eastern property
eaaement (mi L 25 feet wide) along Buena
FROM : PHONE NO.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
CvUiwi Field Office
2730 Loker Avenue West
CarWMd, California 92008
April 9. 1996
Roberc O. Sukup
The Sea Bright Company
4322 Sea Bright Place
Carlsbad, California 92008
Re: Conceptual development plan for Che property located
immediately south and east of the Buena Vista Lagoon mouth, San
Diego County, California.
Dear Mr. Sukup:
Jeff Manning, of my staff, met with you, John Levy (your client) . Tim
Dillingham of the California Department of Fish and Game (CDF&O), and
Bill Ponder of the California Coastal Commission (CCC) on che property
located immediately south and east of the Buena Vista Lagoon (Lagoon)
mouth on February 1, 1996. The purpose of thio meeting was to discuss
Mr. Levy's conceptual, blue-line plan (Plan), dated October 18, 1995
to construct two single-family homes. It is our underotanding that
your client is not the present property owner. He is a prospective
buyer and wishes to determine significant issues regarding impacts to
sensitive biological resources that may result from implementation of
the referenced Plan. Thie letter addressee potential impacts to
endangered species and sensitive biological resources that the Service
is aware of in the vicinity of the Lagoon immediately adjacent to the
property and provides a chronology of the Service's involvement with
this proposed project.
The Service's primary concern and mandate is the protection of f:.eh
and wildlife resources and their habitats. A priority of the Fis;h and
Wildlife Service (Service) is to provide comments on any public
notices issued for a Federal permit or license affecting the natxon's
waters (e.g.. Clean Water Act, Section 404 and River and Harbor Act of
1899, Section 10). The Service is also responsible for administering
the Endangered Species Act of 1973, as amended (ESA).
As discussed during our site visit, the Service has concerns regarding
potential direct and indirect impacts to sensitive fish and wildlife
resources and species protected under the ESA if the proposed Plan is
implemented. One species that is known to occur on the eastern
FROM : PHONE NO.
Mr. Robert O. Sukup 2
boundary of the property is the California light-footed clapper rail
fi?a1 IIIH longiroBt-T-1 e oT->«rng»f-nal (rail) , a federal and state listed
endangered species. The Service is aware of a breeding pair of rails
that occupy the cattail marsh along the eastern edge of the property.
Direct impacts to rail may result from construction noioc, lighting,
and other operations associated with actual construction activities.
Additional impacts may result from: 1) the actual lose of upland
habitat which functions as a biological buffer from existing human
development, 2) the killing, harming, and/or harassment of individual
birds by domestic pets, 3) the use of herbicides, pesticides, and
insecticides typically associated with urban development that may have
potential direct impacts to rail and its prey base, and 4) the
i-ftducr.i on in th« biological value of th« habitat by lighting. Baoed
on these concerns, the Service recommended, during our cite visit,
that the Plan incorporate a 100-foot "buffer" between the outer edge
of the wetland habitat and any structure, fence, or driveway. Thio
"buffer" area should be planted with native vegetation, acceptable to
the Service and CDFtG. In addition, the above issues pertaining to
the avoidance and minimization of direct and indirect impacts to the
rail will need to be addressed.
In addition to the rail, numerous migratory waterfowl are known to use
the property for loafing, foraging, and possibly nesting. During our
site visit, waterfowl were observed loafing and foraging along the
southwestern portion of. the property. To avoid impacts to these
species, the Service recommended that you explore the opportunity to
exchange the property parcel immediately adjacent to the Lagoon (AP#
155-101-65) for the property that abuts the southern boundary of the
two parcels. The property abutting the two parcels is designated as
open space. This designation could be transferred to parcel (APtt 155-
101-65) and your footprint of the Plan could be shifted to the south
and away from the shoreline of the Lagoon. At a minimum, there should
be a 100-foot setback from the mean high water level to all
structures, roads, and fences. This setback would be in compliance
with the setback requirement set forth in section ic in the letter
from the City of Carlsbad to you, dated November 1, 1995 (Attachment).
On February 2, 1996, immediately following the site vieit, you
provided an amendment to the Plan which depicted the location of two
single-family homes, driveways, and a parameter fence. This amendment
to the Plan does not indicate the avoidance or minimization of impacts
to the rail. First, the Plan shows a. fence within 3D feet and a
driveway within 40 feet of the existing marsh habitat that is occupied
by the rail. This doee not conform with the 100-foot buffer diecueoed
during our field meeting. Second, the amendment to the Plan does not
include measures to avoid and/or minimize potentia.1 impacts to the
PHONE NO. :
•~r. Robert O. Sukup 3
rail by herbicides, pesticides, and insecticides. Finally, the
-Amended Plan does not clearly indicate how the proposed 42 inch fence
-ould prevent lighting of the marsh. Minimizing affects of lights
into the marsh and lagoon are often most effectively dealt with by
-nlaceraent of back and/or side shields on all outdoor light fixtures.
Service believes that additional measures should be incorporated
_into your- amended Plan to avoid and/or minimize potential impacts to
:he rail and other sensitive fish and wildlife resources. These
dhould include: 1} moving the driveways and eastern fence in a
^westward direction to conform with the 100-foot buffer, 2) grading the
ilope of the property or constructing barriers along the parameter of
che property to prevent urban runoff containing herbicides,
insecticides, and pesticides from draining into the marsh and cb.o
jagoon, 3) raising the height of the fence along the eastern boundary
:o reduce the likelihood of pets, such as cats, from entering the
marsh, and 4) the use of light shields to prevent lighting and light
jlare from entering the marsh.
The Service recommends that you incorporate all prudent and practical
"avoidance and minimization measures listed above to protect the rail.
If, after these measures are included into the Plan and approved by
the Service, the Plan still requires the encroachment into the loo-
— foot buffer, you should propose compensatory mitigation measures which
u/ould reduce impacts below that of a level of significance.
Compensatory mitigation typically includes the acquisition, creation
—of the same type and quality of habitat (in-kind habitat functions and
values) to that impacted, and the protection of that mitigation site
in perpetuity. Creation often includes the excavation of soils from a
—non-wetland area approved by the Service.
Over 90 percent of California's coastal wetlands have been lost, and
— the Service considers these habitats as biologically significant
public resources. For projects that impact coastal wetlands, the
Service typically requires replacement of habitat as high as four
_ times that which was impacted.
The Service recommends that you explore and propose acquisition,
creation, and protection of marsh habitat within the vicinity of the
Lagoon at a. 4:1 ratio for unavoidable impacts resulting from the Plan.
You may ^Iso wish to explore opportunities to provide an in-lieu fee
payment at an amount equal to that for- acquisition, creation, and
"protection.
We appreciate the opportunity to comment on your project. Since your
Plan for this development are still conceptual in nature, the Service
reserves the right to make additional comments regarding this
-FROM : PHONE NO.
-Mr. Robert O. Sukup 4
development in the future. You should be aware that your proposed
Development will be subject to the review of the City of Oceanside,
:CC, and CDF6G. These entities may require additional requirements
Beyond what is identified in this letter. If you have any questions
_regarding these comments, please contact Jeff Manning of this office
it (619) 431-9440.
Sincerely,
csC. Kobetich
/ Field Supervisor
cc: Corps Regulatory, San Diego Office, CA (Attn: David Zoutendyke)
"~ CDF&G, Long Beach, CA (Attn: Tim Dillingham)
EPA, Region 9, San Fran., CA (Attn: Harriet Hill/Becky Tuden)
California Coastal Commission, San Diego, CA (Attn: Bill Ponder)
Exhibit I
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
February 13, 1997
Robert 0. Sukup
The Sea Bright Company
4322 Sea Bright Place
Carlsbad, California 92008
Re: Revised conceptual development plan,, dated January 27, 1997 for
the property located immediately south and east of the Buena
Vista Lagoon mouth, San Diego County, California.
<*
Dear Mr. Sukup:
The U.S. Fish and Wildlife Service (Service) has reviewed your
revised, conceptual blue-lined plan, dated January 27, 1997 (1-7-97
Plan) to construct two single family homes, driveway, parameter fence,
and setbacks on the property located immediately south and east of the
Buena Vista Lagoon (Lagoon) mouth. Your 1-7-97 Plan was prepared in
response to our. avoidance, minimization, and mitigation
recommendations regarding potential impacts to the federally listed
endangered California light-footed clapper rail (Callus longirostris
obsoletus) (rail) and other sensitive biological resources discussed in
previous correspondence with you. Correspondence includes a Service
letter addressed to you, dated April 9, 1997 (Attachment 1), a
document titled "Biological Report of Environmental Conditions at a
Site Adjacent to Buena Vista Lagoon, Carlsbad, CA," prepared by Pacific
Southwest Biological Services and dated October 15, 1997 (Biological
Report), and an office meeting on January 22, 1997 with you, John Levy
(your client), Tim Dillingham of the California Department of Fish and
Game (CDF&G), and Bill Ponder of the California Coastal Commission
(CCC) and Martin Kenney and Jeff Manning of the Service.
The Service's primary concern and mandate is the protection of fish
and wildlife resources and their habitats. A priority of the Fish and
Wildlife Service (Service) is to provide comments on any public
notices issued for a Federal permit or license affecting the nation's
waters (e.g., Clean Water Act, Section 404 and River and Harbor Act of
1899, Section 10). The Service is also responsible for administering
the Endangered Species Act of 1973, as amended (ESA) .
Mr. Robert O. Sukup 2
The Service has concerns regarding the future ecological viability of
the proposed 100 foot buffer areas that you would be required to
restore to native coastal scrub. In past correspondence with you, the
Service recommended that you explore options to have a resource agency
or a non-profit, conservation organization manage the area once you
have complied with any restoration requirements. During a February 6,
1997 telephone conversion with Mr. Levy, Mr. Manning explained that an
irrevocable offer of dedication for the 100 foot buffer areas
described in the 1-7-97 Plan be made to the CDF&G by the property
owner.
The Service is also aware of a project proposed by the City of
Oceanside to reconstruct the weir at the mouth of Buena Vista Lagoon
approximately 200 feet from your project boundary. The proposed weir
project may alter the elevation of the water and the shoreline
contours of Lagoon. The Service recommends that you should consult
with the City of Oceanside to identify potential conflicts between the
City's proposed project and yours.
The Service would concur with a final version of the 1-7-97 Plan given
the following measures are incorporated into the final development
plan to avoid and/or minimize potential impacts to the rail and other
sensitive fish and wildlife resources:
1. A 100-foot buffer from the mean high water level to all structures,
roads, and fences shall be established as described in the 1-7-97
Plan. The property owner shall make an irrevocable offer of
dedication for this buffer area to the CDF&G. This offer should be
recorded in a standard easement document signed by the CDF&G and the
property owner, and should include language that requires the offer
of dedication prior to obtaining a development permit from the City
of Carlsbad.
2. Restoration of the 100-foot buffer area shall occur prior
development and shall include removal of non-native plant species
and applying a native coastal scrub grass seed mix.
3. Grading the slope of the property and/or constructing barriers along
the parameter of the property to prevent urban runoff containing
herbicides, insecticides, and pesticides from draining into the
marsh and the Lagoon.
4. Installing a 72 inch high solid parameter fence along the west,
north, and, east portions of project site (as described in the 1-7-
97 Plan) to reduce the likelihood of pets, such as cats, from
entering the marsh.
Mr. Robert 0. Sukup 3
5. To prevent lighting of the marsh and lagoon environments, the
project shall include a combination of shields" and low level lights
on all outdoor lighting fixtures.
We appreciate the opportunity to comment on your project and your
cooperation in modifying your project to avoid and minimize adverse
effects to sensitive wildlife and habitats utilized by them. Since
your Plan for this development are still conceptual in nature, the
Service reserves the right to make additional comments regarding this
development in the future. You should be aware that your proposed
development will be subject to the review of the City of Carlsbad,
City of Oceanside, CCC, and CDF&G. These entities may require
additional requirements beyond what is identified in this letter. If
you have any questions regarding these comments, please contact Jeff
Manning of this office at (619) 431-9440.
Sincerely,
1; ,
13ajW. C, Kobetich
Field Supervisor
cc: * Corps Regulatory, San Diego Office, CA (Attn: David Zoutendyke)
* CDF&G, Long Beach, CA (Attn: Tim Dillingham)
* EPA, Region 9, San Fran., CA (Attn: Harriet Hill/Becky Tuden)
* California Coastal Commission, SD, CA (Attn: Bill Ponder)
* City of Carlsbad, CA (Attn: Diane Vanleggelo, Planning
Department and Peter Weiss, Engineering Department)
* City of Oceanside, CA {Attn: Micheal Holzmiller, Planning Dir.)
Exhibit J
FOR
JOHU
I9Z5 ASTOM AVttNUE
CAB.USBAC, CA <3dQO6
gy
TMS SBA BRISMT COMPAK.V4311
/:fa O
Exhibit K
the Sea Brighfrnmnan\/vJo m p a n y
4322 Sea Bright Place » Carlsbad, CA 92008 » Telephone/FAX 619-720-0098
MESSAGE
~1 DATE
SUBJECT
-j |g5- Iflj-feS
REPLY
DATE
SIGNED
\jj-ii.«*-sSr?!
INSTRUCTIONS TO SENDER;. 2. SEND YELLOW AND PINK COPIES INTACT.INSTRUCTIONS TO RECEWER:
I. WRITE REPLY. 2. KEEP PINK COPY. RETURN COPY TO SENDER-1
*!'
Exhibit L
the Sea BriohirnmnanwWo m p a n y
4322 Sea Bright Place * Carlsbad, CA 92008 * Telephone/FAX 619-720-0098
MESSAGE
REPLY
DATE
ifrti -f W* cuL£Ji^ jtdLfrjMJU/fe (KM guA
INSTRUCTIONS TO SENDER:
. KEEP WHITE COPT. 2. SEND YELLOW AND PINK COPIES INTACT.
INSTRUCTIONS TO RECEIVER;
I. WRITE REPLY 2. KEEP PINK COPY. RETURN COPYTO SENDER.
Exhibit M
(e-xr. IDS)VICINITY HAP
APPLICANT
c. uevy
\QtS ASTOM AVENUE
CARLSBAD,
OF WORK
THE SEA BRIGHT CO.
4"5EZ SEA BRIGHT PLACE
CARLSBAD^ CA. 92008
PHOWE'.
O-
O. SUKU
uu
UP -ROE
10
LEGEND
• INDICATES FOUND 2
tulTH DISK MAR.K8D
A INO1 GATES FOUND Z"
STATE LAM 05
O fNDlCATES U>ILL SET
PIPE MARKED L.s
• |Mt)\CATfe-S FOUMD
DISK MARKED LS 2783 (NO
f*OW PIPS
PIPE
&AS\S SEARINGS
THE BASIS OF BEARINGS FOR. TWS DRAWING, IS THE NORTHERLY
LIN& OF LOTS OF MAP NO- IIOO7, IB. N 8^" Z*' OZ" W .
LEGAL PE5CRIPTIQM SHEET JU3
PORTIONS OF LOTS 2^3 >M SECTION i,TOWNSHIP l^ SOUTH,RANGE 5 WEST,
SAH fceRNARDlNO MER.IDJAW AS MORC PARTICULARLY SHOUJW
f -m •»
ADJUSTMENT PLAT - CITY OF CAR.LSBAD MO.te
roHM ROBERT 0.
RftO. NO-
APPROVED BV.APM
Ltoyo HUBBS -eiry 6M«.155-190-13
. NO.
Exhibit N
' '
N4!*51 35
\^— N30* 17* 31
N37*53,'
I LL '''
, /
SZ2 47 30
PARCEL A
1.90
*' "
(3B9--ZftloO-WPBR.STATei.AMOa/ /rAV —-r<ifl -^ , ««,LB
5304) ^/ (^ MORTH LIME OF 'T.P.O.B.
LOT 3 PER MAP -^11007
see DETAIL A
SEE SHT 3 FOR.
ACCESS EASE^EIOTS, TQ
PARCELS
EGRESSI/M&RESS &5MT DATA
DETAIL A
DEED ANGLE.-- ZS4
ROTATE ALL D&BO BBAR.IUQS ow STAT&
CEETlFlcATt ^B304 «V l*-04-45" CLOCKWISE
SHEET Z*
VPPHCAMT
LEW
ADJUSTMENT PLAT CITY OP CARLSBAD
ROBERT o. 5QKUP
R.U 8. 01^ «.CC. ~Reg
R6C,, NO-
APPROVED
Rea. MO .DATE
NO.47J
APM
(55-101-4,6
/55-I90-I?
PARCEL A
FOR C0VEXAWT
ACCESS^ OTIUTY
P6.R. Doc.tf
R6.cotz.Dao:
OTH.ITI6S \
SHEET 36,3
ADJUSTMENT PLAT - CfTV OP CAKCS»At>
HCAKT uevy
PR6PAH6D By;
ROB&R.T O. 50KUP
R.L.S-
Z630t
p.ea- NO.
AFPROVB.O «y:APM
IBS'
, MO.te-3';?oATt-97
RECORDING
REQUESTED BY .
>
AND WHEN RECORDED
MAIL TO:
City Clerk
CITY CF CARLSBAD
1200 Carlsbad Village Dr.
Carisbad, CA 92008
.g 196
DOC 8 1997-0551579
NOU 03. 1997 1=25 PH
' - OFFICIAL RECORDS
SftH DIEGO COyHIY RECORDER'S OFFICE
GREGORY J. SfllTH, COUNTY RECORDERFEES' 22.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 155-101-65 &
155-180-13
PROJECT NO. & NAME: ADJ 471
LEVY. PARCEL A
Case No. CE 771
Current Address: Unknown
CERTIFICATE OF COMPLIANCE
FOR ADJUSTMENT PLAT
(Section 66499.35 of the Government Code)
The City Engineer has determined that the real property described below, has been divided or
has resulted from a division or combining of lots in compliance with the Subdivision Map Act
and with the provisions, of the Carlsbad Municipal Code pursuant thereto.
OWNER(S):
DESCRIPTION:
NOTE;
John C. Levy, Jr., an unmarried man
(See Exhibit "A" attached)
The description in Exhibit "A" attached has been provided by the owner of
the property and neither the City of Carlsbad nor any of its officers or
employees assume responsibility for the accuracy of said description.
Exhibit "B" is attached for clarity only.
This Certificate of Compliance shall have no force and affect if the above owners or any
subsequent transferee or assignee acquires any contiguous property other than a lot or lots
shown on a recorded subdivision map, parcel map or record of survey map filed pursuant to
and prior to repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business and Professions
Code;
This Certificate of Compliance shall in no way affect the requirements of any other County,
State or Federal agency that regulates development of rea! property.
DATE:
3889 EXP. 12/31/97
\Hi seellaneous/M-5.f rm Rev. 06/21/95
Exhibit O
RECORDING
REQUESTED BY
AND WHEN RECORDED
MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
202
€"
DOC ft 1997-0551580
NOU 03, 1997 1 = 25 PP1
OFFICIAL RECORDS
SAN DIEGO COUHH RECORDER'S OFFICE
GREGORY J. SfllTH, COUHTY RECORDER
FEES' 22.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
i
L
i
t
PROJECT NO. & NAME:
LEVY, PARCEL B
155-101-65 &
155-190-13
ADJ 471
Case No. CE 772
Current Address: Unknown
CERTIFICATE OF COMPLIANCE
FOR ADJUSTMENT PLAT
(Section 66499.35 of the Government Code)
The City Engineer has determined that the real property described below, has been divided or
has resulted from a division or combining of lots in compliance with the Subdivision Map Act
and with the provisions of the Carlsbad Municipal Code pursuant thereto.
OWNER(S):John C. Levy, Jr., an unmarried man
DESCRIPTION: (See Exhibit "A" attached)
NOTE: The description in Exhibit "A" attached has been provided by the owner of
the property and neither the City of Carlsbad nor any of its officers or
employees assume responsibility for the accuracy of said description.
Exhibit "8" is attached for clarity only.
This Certificate of Compliance shall have no force and effect if the abovs owners or any
subsequent transferee or assignee acquires any contiguous property other than a lot or lots
shown on a recorded subdivision map, parcel map or record of survey map filed pursuant to
and prior to repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business and Professions
Code;
This Certificate of Compliance shall in no way affect the requirements of any other County,
State or Federal agency that regulates development of real property.
DATE:hi
T
RCE 23889 EXP. 12/31/97
M! seel I atwous/M- 5. f rm ft«v. 06/21/95
Exhibit P
-me 3BA »(UC»T CO
HJZZ. SCA B8I6HT PvACE
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Exhibit Q
City of Carlsbad
Office of the Mayor
August 14,1998
Council Member Christine Kehoe
California Coastal Commission
202 C Street, MS 10A
San Diego, CA 92101
SUBJECT: CALIFORNIA COASTAL COMMISSION APPEAL #A-6-98-98
Dear Christine:
I received a telephone call from Mr. John Levy, who recently processed and was granted
approval of 2 Coastal Development Permit (Cl?P 97-59) by the City of Carlsbad to develop a
single family residence and a 2nd dwelling unit (granny flat) upon a legal lot adjacent to Buena
Vista Lagoon. Mr. Levy informed me that on behalf of the California Coastal Commission
(CCC), you have filed an appeal of this permit. I have been apprised of mis project by my staff.
It appears that Mr. Levy has diligently worked with California Coastal Commission staff as well
as the California Department offish and Game and U.S. Fish and Wildlife Service (USF&W)
for in excess of three years to resolve all project issues. In light of these on-going good faith
efforts of Mr. Levy to negotiate with and reach concurrence on his project design -with these
State and Federal resource agencies, I am surprised by your appeal.
I have enclosed documentation of Mr. Levy's efforts to process mis project through to resolution
for your review. This documentation includes:
1) Copy of the October 26,199S memo to the CCC requesting a review of the initial proposed
site plan;
2) Copy of April 9,1996 letter from USF&W indicating that CCC was an active participant in
negotiating project design and required mitigation;
3) Copy of February 6, 1997 memo to CCC staff with copies of the proposed Adjustment
Plats/Certificate of compliance; and a
4) Copy of February 13, 1997 letter from USF&W indicating mat CCC was involved in
establishing the conditions of approval from the resource agencies for the site plan.
There are other numerous documents, but I believe mat these clearly provide evidence of die
diligent efforts by Mr. Levy to achieve concurrence from the respective State and Federal
agencies regarding his project. The project as designed and conditioned (through CDP 97-59) is
consistent with the project that was conceptually approved by these agencies.
The aforementioned project appeal discusses several project issues including: (1) the legality of
the subject lots; (2) project access; and (3) whether the tot line adjustment on the subject
property (MS 471) required a Coastal Development Permit A review of project documentation
and records reveals the following:
1200 Carlsbad Village Drive • Carlsbad. CA 92008-1989 * (619) 434-2830 • FAX (619) 720-9461
•v* <w* 44t4_*st_<* tts witll UL* 1 *U1 ilVi
CALIFORNIA COASTAL COMMISSION
APPEAL 0A-6-98-98
AUGUST 14.1998
PAGE 2
• That the subject property includes two legal parcels as verified by Certificate of
Compliance issued by the City of Carlsbad in 1997.
• A private access casement was granted to toe site in 1971 and again in 1984, in
advance of the California Coastal Commission accepting an open space easement
upon this property.
• The subject lot line adjustment (MS 471), which was processed by Mr. Levy and
approved by the City in October 1997, modified the lot lines between Mr. Levy's
two existing legal lots which front along Buena Vista Lagoon but did nor result in
the creation of a greater number of parcels or greater total lot acreage than existed
prior to the lot line adjustment. Pursuant to Section 21.201.030 of the Carlsbad
Municipal Code (CMC), "any applicant wishing to undertake a development
(defined in Section 21.04.107) in the coastal zone shall obtain a coastal development
permit. Section 21.201.107 of the CMC specifies mat "Development in the coastal
zone includes a subdivision pursuant to the Subdivision Map Act (commencing with
Section 66410 of the Government Code)". Subsection 66412(d) of the California
Government Code specifies that the Subdivision Map Act shall be inapplicable to "a
lot line adjustment between two or more existing adjacent parcels, where the land
taken from one parcel is added to an adjacent parcel, and where a greater number of
parcels than originally existed is not thereby created". In that the Subdivision Map
Act clearly does not apply to Mr. Levy's lot line adjustment, it does not qualify as
"development" in the coastal zone and therefore does not require a coastal
development permit.
In summary, these facts indicate that Mr. Levy acted responsibly in processing his project and
that the City of Carlsbad acted responsibly in approving CDP 97-59. Because the project as
designed is in compliance with all recommendations of the State and Federal Resource agencies,
including Coastal Commission staff, I request that you withdraw your appeal of this project.
Sincerely,
CLAUDE A. "BUD" LEWIS
Mayor
CALOSC*
Attachments
c: John Levy
Chris DeCerbo
Exhibit R
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
w TU ^T r AU6251998Mr. John C. Levy, Jr.
REFLEX Corporation
1825 Aston Avenue
Carlsbad, California 92008
Re: City of Carlsbad Coastal Development Permit 97-59
Dear Mr. Levy:
The U.S. Fish and Wildlife Service (Service) is in receipt of your letter dated August 21,1998,
regarding our comments on Coastal Development Permit (CDP) 97-59 presented in a letter to
Robert O. Sukup on February 13,1998. It is my understanding from your letter and phone
conversation with Julie M. Vanderwier this morning that the California Coastal Commission
(Commission) is appealing the City's issuance of this CDP on a number of issues, at least two of
which were conditions set forth by the Service in our February letter. These include:
• Establishment of a 100-foot buffer from the mean high water level to all structures, roads,
and fences as described in the January 7,1997 plan. The property owner shall make an
irrevocable offer of dedication (IOD) for this buffer area to the California Department of
Fish and Game (Department). The IOD should be recorded in a standard easement
document signed by the Department and the property owner, and should include language
that requires the IOD to be obtained prior to the receipt of a development permit from the
City.
• Installation of a 72-inch high perimeter fence along the western, northern, and eastern
portions of the project sites as described in the January 7,1997 plan to reduce the
likelihood of pets, particularly cats, entering the marsh.
Also, the Service included these conditions:
• Slope grading for the property and/or construction of barriers along the perimeter of the
property be conducted so as to prevent urban runoff from draining into the marsh and
Buena Vista Lagoon.
• Restoration of the 100-foot buffer areas prior to development which will include the
removal of non-native plant species and application of a coastal sage scrub-native
grassland seed mix.
Mr. John C. Levy, Jr. . 2
• Incorporation of a combination of shields and low-level lights on its outdoor lighting
fixtures to prevent unnatural lighting of the marsh and lagoon environments.
These recommendations were made part of the biological mitigation measures set forth in the
City's mitigated Negative Declaration (ND) for CDP 97-59/SDU 98-03, Because of this, the
Service did not need to comment on the ND when it was sent to us for review on April 6,1998.
Should any of the biological mitigation measures incorporated into the ND as part of project
approval be modified, in particular placement of a trail within the 100-foot buffer area or deletion
of the fencing requirement, the Commission needs to be aware that the Service could not concur
with the issuance of the City's ND or CDP 97-59.
It is also our understanding that you wish to install a "dusk to dawn" gating system for the future
trail. This system would not restrict access by the public during daylight hours, but rather is
intended to preclude access after dark and habitation by transients. The Service would support
the use of such a system as such unauthorized access into the marsh and lagoon can result in
impacts to sensitive habitats and listed species.
If you have any questions regarding the contents of this letter, please call Julie M. Vanderwier of
my staff at (760) 431-9440.
Sincerely,
i S. Stevens
ry Field Office Supervisor
cc: Chris DeCerbo, City of Carlsbad
Tim Dillingham, California Department of Fish and Game
Bill Ponder, California Coastal Commission