The URL can be used to link to this page

Home My WebLink AboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (116)DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen ^^ - - 444 West C Street, Suite 200 Donald W. Detisch >^^ **^5:»V San Dleg°- California 92101 Tel. (619)236-9343 Sean D. Schwerdtreger f£? ^1 ~^\ Fax (619) 236-8307 e-mail dclaw@adnc.comr« k^. ••*' >n*. n\ Of Counsel Harold O. Valderhaug May 4, 2001 Via Facsimile & U.S. Mail Michael L Holzmiller, Planning Director City of Carlsbad Planning Department Senior Planner 1635 Faraday Avenue Carlsbad, California 92008-7314 RE: Mitigated Negative Declaration dated April 4, 2001 Case Name: Thompson/Tabata Publish Date: April 4, 2001 Case No.: ZC 98-08/LPCA 98-04/CT 98-14/PUD 00-02/SDP 99-06/HDP 98-15/CDP 98-68 Dear Mr. Holzmiller: I received the above Declaration on or about April 11, 2001. This was several days after the initial publication date. I was informed that this was due to an oversight on the part of staff and thus, staff was kind enough to extend our response date until May 11, 2001. (See my letter of April 25, 2001.) In any event our general comments follow: Overall the document generally covers the impacts associated with the project. The document seems to address the majority of environmental issues. It would appear that this is one of the last remaining agricultural areas surrounded by pre-existing residential communities being converted to multi- residential use. We have been in contact with Standard Pacific, the developer, during this process and have been favorably impressed with their willingness to work with this office and our clients, Mr. and Mrs. Michael Burris who reside at 1250 Veronica Court, Carlsbad. California, 92008. Ms. Baker has been particularly receptive to our concerns. My clients' concern with the proposed subdivision primarily relates to noise, visual pollution, traffic circulation, and the public safety and general welfare. These concerns are based upon the most recent iteration of the proposed subdivision. c Michael J. Holzmiller, Planning Director May 4, 2001 Page 2 oDETISCH & CHRISTENSEN We understand that any anticipated noise increase resulting from the proposed subdivision will arise through the use of Poinsettia Lane. The proposed mitigation refers to the use of noise attenuation walls. This makes good sense and is appropriate. While it would appear that this issue has been appropriately addressed, except as set forth below, we would like to suggest that monitoring occur to confirm the prediction of the noise consultants. Secondly, we understand that there will be passive and active park use. My clients' concern here is that these parks use low wattage or low luminous lights (if night lighting is used ) so that harsh piercing lighting is not used. My client's greatest concern relates to the proposed expansion and continued use of a driveway area which presently serves as access to the Tabata residence. By way of reference page 10 of the Declaration states: "The two portions north of Poinsettia Lane are separated by two existing lots totaling 2.40 acres that are not part of the proposed subdivision. The properties contain the existing single family residence and accessory structures for the previous agricultural operations. The residence currently takes access off of Lonicera Street, just south of its intersection with Camino de Las Ondas, via an access easement and paved driveway. The proposed subdivision does not affect this existing access and provides public street frontages to the east side of the lot through the extension of Lemon Leaf Drive thereby allowing future development of the site." Here, what has transpired is that our client's property which lies adjacent to this driveway access has been exposed to noise due to large mechanical equipment and off road vehicle use whereby vehicles have actually driven onto my clients' property. Overall this has proven to be an altogether unsatisfactory situation for my clients'. We understand that the proposed subdivision includes a condition to expand this access driveway area to a 50 foot wide easement, i.e., Standard is required to dedicate 30 feet of right of way for the use of the Tabata property. This is then supposed to be used in connection with a purported 20 foot easement to create a 50 foot wide righr of way. It is our belief that the road way area where the 20 foot wide alleged easement exists is not in the ownership of Mr. Tabata but is still dedicated open space owned by the Lennar Development Company. In addition, the Tabata property can and will be adequately accessed from Lemon Leaf Drive. Any future development of the Tabata property can take access from Lemon Leaf and does not require a second access point from Lonicera Street. The Tabata property will more than likely not be able to obtain more than two or three lots for which a cul-de-sac street access from Lemon Leaf would be more than adequate. This would eliminate the need for the 30 foot wide dedication as well as the existing driveway access. Of course access to Lonicera would not be cut off until Lemon Leaf was opened to the Tabata property. In the area of the driveway access is an access point for the Municipal Water District which obliviously would remain. My clients simply are interested in eliminating any roadway noise which emanates from this adjacent roadway area as well as protect their property from vehicles driving onto their property. In discussions with Standard Pacific staff they have indicated a willingness to support the elimination of these roadway areas which are truly not c o DETISCH & CHRISTENSEN Michael J. Holzmiller, Planning Director May 4, 2001 Page 2 necessary. The Lemon Leaf access which would cul-de-sac on the Tabata property would adequately address this need and candidly would reduce all of the environmental impacts associated with the addition of another roadway, e.g., air pollution, etc. It is also our understanding that there are many other instances within the City of Carlsbad where the cul-de- sacing of a roadway into a small area has been allowed and endorsed. If this private access and 30 foot dedication occurs, my clients' property will become an island surrounded by streets. We do not believe this is appropriate. We think this would be most appropriate and should be favorably considered by the City staff. Finally and simply by way of reference we believe that the declaration should be updated relative to the discussion of energy use. Whether there is anything that can be done is debatable. Donald W/Detisch, Esq. DWD/sll cc: Mr. and Mrs. Michael Burr is Mr. Michael Grim DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen Donald W. Detisch Sean D. Schwerdtfeger 444 West C Street, Suite 200 San Diego, California 92101 Tel. (619) 236-9343 Fax (619) 236-8307 e-mail dclaw@adnc.com Of Counsel Harold 0. Valderhaug April 25, 2001 Mr. Mike Grim City of Carlsbad Planning Department Senior Planner 1635 Faraday Avenue Carlsbad, California 92008-7314 RE: Phase 2 Standard Pacific Homes Dear Mr. Grim: This will confirm your voice mail message of April 24, 2001 and your conversation with my assistant, Ms. Landry of the same date regarding the extension of time within which to make comments to the Environmental Assessment which was belatedly forwarded to this office. It is my unequivocal understanding that this office and my clients will have up to and including May 11, 2001 within which to provide you with comments regarding the assessment and related materials. If you regard this statement incorrect in any fashion I would expect you to contact me immediately. Additionally, I believe you originally thought the Planning Commission hearing on the Standard Pacific matter would be around the 6th of June. Is this date still valid? I would suspect it is not but I would certainly like to know the rescheduled date as soon as possible. Thank you for your courtesy, cooperation and helpfulness. DWD/sll cc: Mr. and Mrs. Michael Burris DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen Donald W. Detisch Sean D. Schwerdtfeger Of Counsel Harold O. Valderhaug April 25, 2001 Mr. Mike Grim City of Carlsbad Planning Department Senior Planner 1635 Faraday Avenue Carlsbad, California 92008-7314 444 West C Street, Suite 200 San Diego, California 92101 Tel. (619)236-9343 Fax (619) 236-8307 e-mail dclaw@adnc.com RE: Phase 2 Standard Pacific Homes Dear Mr. Grim: This will confirm your voice mail message of April 24, 2001 and your conversation with my assistant, Ms. Landry of the same date regarding the extension of time within which to make comments to the Environmental Assessment which was belatedly forwarded to this office. It is my unequivocal understanding that this office and my clients will have up to and including May 11, 2001 within which to provide you with comments regarding the assessment and related materials. If you regard this statement incorrect in any fashion I would expect you to contact me immediately. Additionally, I believe you originally thought the Planning Commission hearing on the Standard Pacific matter would be around the 6lh of June. Is this date still valid? I would suspect it is not but I would certainly like to know the lescheuuleu dale as soon as possible. Thank you for your courtesy, cooperation and helpfulness. DWD/sll cc: Mr. and Mrs. Michael Burris