HomeMy WebLinkAboutCT 02-28; La Costa Condominiums; Tentative Map (CT) (14)c
Hofman Planning
Associates
September 12: 2003
Frank Jimeno
Engineering Department
City of Carlsbad
1435 Faraday Avenue
Carlsbad. CX 92008
SUBJECT: History of Negotiations with the Marbella Townhomes Homeowners .4ssociation
Regarding Secondary Access for the Proposed La Costa Condominiums
Dear Frank:
This letter is written to provide you a concise history of the negotiations that have taken place
with the Marbella Townhomes Homeowner's Association (HOA) since 1999. The history dates
back to our proposed development project that was reviewed on a preliminary basis by the City
of Carlsbad in 1999. At that time, the issue of an access driveway through the Marbella project
was discussed. It was the City's first desire to have an access through this development to
supplement the eastern entry driveway. This proposal was presented to the HOA in 1999. The
HOA adamantly opposed any such access claiming that the increased traffic through its complex
would become a nuisance to the existing residents. They stated in no uncertain terms that they
would oppose any such access.
A meeting with the Marbella HOA. the applicant and City staff was held. As I recall. Mike
Shirey of the Engineering Department was in attendance at this meeting. It became clear KO both
the applicant and staff that the HOA was not going to give up its adamant opposition. The City
decided it. would not recommend that this secondary access be provided. Unfortunately, not too
long after this decision was made. financial problems caused a three year delay to the project and
it was never formally submitted to the city.
The current proposal for the La Costa Condominiums was resurrected in late 3,001 with a new
design and lower density. As part of our pre-application process, we met with the Marbella
HOA board members at Hofman Planning Associates offce on January 18, 2003 to solicit its
input on our project. Once we showed the Board that we were not proposing a secondary access
through its property, the Board had no major concerns with the project. The issue of secondary
access was discussed and the Board made it clear that it would continue to oppose any proposals
for a secondary access.
We formally submitted our application to the City in November 2002. The City raised the
secondary access issue and asked that we explore this issue once again with the Marbella HOA.
We contacted the President of the HOA. Virginia Walters, on June 12, 2003 who made it very
clear that the HOA would adamantly oppose a secondary access road. She indicated that the
Board had discussed the issue and that there was unanimity in its position. After their position
became clear, you requested that we obtain a letter from the HOA stating its position.
Subsequent phone calls were made to the President to ask for such a letter. On July 22, 2003, the
President stated to me in a phone conversation that she would bring it up to the Board at its
meeting to be held the same evening. On August 7,3003 a subsequent phone call was made to
the President to determine the outcome of the Board meeting. Ms. Walters stated that the Board
did not want to waste its time writing such a letter and that the Board would never allow any
access and that basically the Board did not want to get involved in our project. This phone
conversation was the last contact our office has had with the blarbella Townhomes. I have
attached a summary of this phone conversation for your review.
We are reluctant to further pursue this avenue with the Board for fear of them negatively reacting
to the overall project because they may think we are harassing them. We are convinced that
there is no way that the HOA would ever consider a secondary access through their property.
We hope you tind this information useful. If you have any questions or need additional
information, please call me at (760) 438-1465.
Sincerely.
L Bill Hofman
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Planning Fiscal Analysis Environmental
DATE: September 12,2003
PROJECT:
DELIVERED BY: Hand Delivery
ATT E NTI 0 N:
FROM: Bill Hofman
La Costa Condominiums (CT 02-28/CP 02-13/HDP 02-14)
Frank Jimeno
The following is a summary of the 8/7/03 phone conversation between Roy Publico of my office
and Virginia Walters (President, Marbella Homeowners Association) concerning access through
the Marbella Townhomes:
Roy called Virginia to follow up on the Board meeting, where the request was made to provide a
letter stating the Marbella HOA’ s position regarding access through their property. Virginia
stated that they have no interest in sending us a letter, they have their own issues that they are
dealing with. Roy then asked what happened during their Board meeting and Virginia said they
are spending hours on their issues and they are not going to get involved in ours. It is our
problem not theirs. When Roy tried to explain the benefits of having this letter, Virginia replied
they have no time for us. Roy then thanked Virginia for bringing it up with her Board and that it
was unfortunate since it would benefit the parties involved. Virginia then said it has no benefit to
her, one way or another. Roy mentioned that if we don’t get this letter, the City may require
access through Marbella. Virginia then said you know what, you ain’t putting your access
through our property, you’re wasting my time, I already spend forty hours a month on my own
issues, I don’t have any interest with dealing with yours. Roy then ended the conversation,
thanking Virginia for bringing it up with her Board.
We hope you find this information useful. If you have any questions or need additional
information, please call me or Roy Publico at 438-1465.
5900 Pasteur Court . Ste 150 . Carlsbad . CA . 92008 . 760-438-1465 . Fax 760-438-2443