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Wavecrest development could face further hurdles
By MATT KAPKO
Half Moon Bay Review
March 16, 2005
With a formal decision still pending, it appears the U.S. Army Corps of Engineers won't be taking jurisdiction over the development slated to occur at Wavecrest Village.
Wavecrest Partners expects the federal agency to determine where wetlands may be located on its large span of coastal land next month, but those beholden to the process say it's likely the agency will only concern itself with wetlands on the site and not the areas to be developed.
"The development portion is outside of our jurisdiction," said Holly Costa, regulatory project manager with the corps.
The delineation, which will pinpoint the location of wetlands on the entire property, is scheduled for the first week of April, Costa said.
The corps will then corroborate its collected data with assertions made in Wavecrest Partners application for the agency to take jurisdiction over the project.
The developers applied for the permit to speed up the process allowing them to finally break ground on a project that's faced consistent delays for years on end.
If the federal agency were to take jurisdiction over the entire project, it could mean a rapidly accelerated construction schedule as there would be fewer government bodies to oversee the project.
The Wavecrest Partners applied, under Section 404 of the Clean Water Act, to construct breeding ponds for red-legged frogs within the wetlands portion of the property.
The creation of red-legged frog habitat hasn't ever been a requirement of the project. But the developers are asserting that creating breeding ponds in the wetlands will mitigate any habitat damage in the non-wetlands portion of the site.
It comes down to whether that mitigation is required.
Dave Johnston, a biologist with the California Department of Fish and Game who's familiar with the project, says it isn't and added that it would only be required if a wetland was to be filled.
The corps can only get involved in the entire project if all the involved agencies required that mitigation to occur, Johnston said.
"The project as it is currently proposed is not jurisdictional," he said. "Even though what they're applying for is jurisdictional, that doesn't mean the whole project is jurisdictional."
While Costa emphasized that no decision has been made, the signs do not favor Wavecrest Partners.
Pat Fitzgerald, one of the project's developers and primary manager of late, said he hasn't heard anything about the corps' pending decision.
He said he'd rather wait for the delineation to occur and see how that will play into the corps' decision.
The latest agreement struck on July 7, 2004, between the developer and city allows for the construction of 217 homes, a Boys and Girls Club and the new middle school among other amenities.
Approximately 132 acres out of the total 206-acre property are to be permanently dedicated as open space, view protection and wetland habitat management.
The agreement also deleted a significant commercial element in the development and clustered the remaining development into the southeastern portion of the property rather than spread out overall.
The baseball fields at Smith Field were also to be dedicated as city property along with a $1.2 million contribution to the city for renovation of the fields.
The developers also agreed to install a traffic signal at the intersection of Highway 1 and Wavecrest Road along with the construction of additional turning and merging lanes.
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