Coastal Commission puts Wavecrest on hold until frog habitat is secured

The Coastal Commission removed Wavecrest from its September agenda on Monday afternoon. This was the result of a letter US Fish and Wildlife Service sent Friday to the Coastal Commission saying that building Wavecrest as planned will result in a "taking" of an endangered species, according to Chris Kern, District Manager of the CCC.

This is a result of the discovery by the FWS of California red-legged frog habitat at the site.

Wavecrest will have to get the permission of the Fish and Wildlife Service to develop the land.  "The process could result in potentially significant changes to the project," Kern told me.

This finding by FWS sets into motion some fairly complicated machinery. Either a federal agency, such as the US Army Corps of Engineers, has to assert authority over the site and work with the FWS to develop a "biological opinion" or a habitat conservation plan must be developed in consultation with the FWS and the CCC. It’s too early to say what comes next.

No one is willing to say how long this process could take, and may only delay the development. However, it puts into limbo Cabrillo Unified School District’s agreement with Wavecrest, which required approval of the development at the September Coastal Commission hearing. According to the agreement, either party can proceed on its own if Wavecrest doesn’t obtain final approval of the development from the Coastal Commission and the period for all challenges and appeals before the CCC have expired before October 31.

Unless CUSD and Wavecrest rewrite the agreement, the site of the middle school will be the most important issue in yet another CUSD board election.