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HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (9)7-12-1999 1 :57PM FROM REFLEX CORPORATION 768 931 9089 re. - P. 1 1825 Aston Avenue + Carisbad, CA 92008 Phone (760) 93 1-9009 X- 105 +Fax (760) 93 1-9089 July 12, 1999 From: Mr. John C. Levy Jr. To: Mr. Chris Decerbo Howdy Chris. As promised I have attached the documents being sent to Barbara Brill. When you get these give me a call. 7-12-1999 1 :58PM FROM REFLEX CORPORATION 760 931 9089 - - P. 2 1825 Aston Avenue Garlsbad, CA 9200% Phone (760) 931-9009 X-705 #Fax (760) 931-9089 July 12, 1999 From: Mr. John C. Levy Jr. To: Ms. Barbara Brill Good Afternoon Barbara, Thanks so much for taking the time to visit with me this afternoon. As promised I have attached the documents as follows: 1) Excerpt from Pacific Southwest Biological Services, Inc. report dated 10/15/96 for “Recommendations to Mitigate tmpacts” Please refer to paragraph #3 for the need to protect off the Clapperail Habitat Area. Thi$ biological report was prepared on behalf of the property for the resource agencies. USF@W mandated that the 6’ fence be installed per this report. 2) USF&W letter dated February 13, 1997. Ptease refer section 1 and 4 which makes reference to the fence. This was the “conditions of development“ that was agreed upon the respective resource agencies. 3) Revised Plot Plan dated 1/27/97 which was part of the 2/13/97 document. This clearly shows the eastern fence intersecting the north fence and then extending into the lagoon. 4) USF@W letter dated August 25, 1998. Please refer to the first and second bullets that address the setback and fencing mandates. 5) Recorded conservation easement in favor of CDF&G page 4 and 5 #7 mandating the fence area as described by USF@W. 6) Site plan map. 7) Exhibit “6” site map showing metes and bounds of the recorded consewation easement. 7- 1 2- 1 999 1 : 58PM FROM REFLEX CORPORATION 760 931 9889 - - P. 3 The eastern fence was installed because of the need to protect the Clapper Rail habitat setback area. The recommendation was initially made through the Pacific Southwest Biological Services 8iological Report of Environmental Conditions. This recommendation was incorporated into the following: 1) 2/13/97 “conditions of development” 3) CDF&G recorded conservation easement. 2) COP 97-59 The resource agencies and the city base their decisions upon staff and independent biologists environmental reviews. In this particular case the eastern tule is a designated nesting area for the California Light Footed Clapperail. All of the biologists felt that it was mandatory a wildlife habitat area be established and protected. To guarantee the integrity of the site, a 6’ fence was mandatory. Albeit habitat protection clearly takes precedence over public access. A balance was achieved in allowing public access along the southern shore of the Buena Vista Lagoon. Barbara, I hope that this answers any of the questions you might have. Thanks far listening.. . . . . . . . . . . , . . . , . . . . I I I I I I I I I i 7-12-1999 2:QlPM FROM REFLEX CORPORATION 760 931 9089 .- P. 1 _- - PSBS #TO160 15 7.0 RECOMMENDATIONS TO MITiGATE IMPACTS Many of the potential impacts associated with the development of this property have been *ed by the design of the project. These design factors include the following: 1) A total of 1.62 acres dedicated in buffers estabiished dong rhe shoreline have been proposed and respected in the design of the development, with a 0.08-acre encroachmem necessary for access onto the property. This encroachment has been rmnimized to the extent possible. An mempt was made to gain ~II additional easement into the pard from the south side of the sitc so &at no encroachment into the 100' buffer would be required, but this was not acceptable to the adjacent home owners's association (Appendix 5). Access to the site will be predohdy dong an established dirt road through ruderal non- sensitive vegetation and wiil nor impact sensitive resources. A Habitat Protection Fence is proposed along the 100' Mer to ensure that foot dc 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., BougainvifZea sp., Rosa sp., or GrisJa sp.). 2) ?\(3) In addition co these design specifications, there are additional recommendations for minimizing impacts: 1) Due to the potential presence of the light-footed clapper tail, construction should avoid the breeding season. In the event that construaion overlaps with &e breeding season, it may be necessary ro conduct focussed surveys for the rail immediately before and after the proposed activities are conducted. Basehe determinations will help avoid impacts to sensitive resources. This issue may also be dealt with through negotiations with the USFWS and CDFG. Any outdoor light fwe should be shielded on the east side to minimize the amount of Light entering the marsh, which may impact the nil at such a proximity. 2) 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 th;s to be a significant impact. However, the agencies may require mitigation. Appendix 5 includes a lmer correspondence from USFWS which describes some of the potential mitigation measures. r 10/15/96 Pacific Souht Biological Services, Inc. li. i P. 2 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, SM Diego County, California. V Dear Mr. Sukup: The U.S. Fish and Wildlife Semice (Service) has reviewed your revised, cbnceptual blue-lined plan, dated January 27, 1997 (1-7-97 Plan) to c6nstruct 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 mitigakion recommendations regarding potential impacts to the federally listed endangered California light-footed clapper rail (Rallus 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 I), a document titled “Biological Report of Environmental Conditions at a Site Adjacent to Buena Vista Lagoon, Carlsbad, CAYprepared 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 (CI3F&G), and Bill Ponder of the California Coastal Commission (CCC) and Martin Kenney and Jeff Manning of the Service. The Senice‘s primary concern and mandate is the protection of fish and wildlife resources and their habitats. A priority of the Fish and Wildlifk Service (Senrice) is to provide comments on any public notices issued for a Federal permit or license affecting the nation’s waters (c.g., clean Water Act, Section 404 and River and Harbor Act of 9 1, Section 10) . EZldangered Speci The Service is ah .es Act of 1973, a8 o respons amended ible for adminiatering (ESA) . I I II! c 7-12-1999 2:02PM FROM REFLEX CORPORATION 760 931 9089 mr. Koaerc u. su~cyo P. 3 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 with the City of Oceanside to identify potential conflicts between the City's proposed pro] ect and yours. ' contours of Lagoon. The Service recommends that you should consult 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 CDFW and the property owner, and should include language that requires the offer of dedisation 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. dy4. 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. 7-12-1999 2:@3PM RXN REFLEX CORPORATION 760 931 9089 - Mr. Robert 0. Sukup 3 5. To prevent lighting of the marsh and lagoon environm&ts, the project shall include a combination of shields' and Ibw level lights on all outdoor lighting fixtures. P. a 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, C. Kobetich Field Supemisor cc: * Corps Regulatory, San Diego Office, CA (Attn: David Zoutendyke) * CDFbrG, Long Beach, CA (Attn: Tim Di1lingham) * 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 * City of Oceanside, CA (Attn: Micheal Holzmiller, Planning Dir.) Department and Peter Weiss, Engineering Department)