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.. . . . . . . . . . . , . . . , . . . .
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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.
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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) .
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7-12-1999 2:02PM FROM REFLEX CORPORATION 760 931 9089
mr. Koaerc u. su~cyo
P. 3
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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)