The URL can be used to link to this page

Home My WebLink About1978-03-07; City Council; 3528-9; SUMMARY OF THE FEBRUARY 14 STATE COASTAL COMMISSION HEARING ON THE AGUA HEDIONDA SPECIFIC PLAN---_ -. .-- -. . x I * @ Xnr'tial: - -_______ Dept. Hd. -5 !kEriiiA BILL 149. 35&g Dl"iTE: March 7 , 1978 City Atty 4 D k PA RT M E NT : ---- PLANNI NG City Mgr. __ SUBJECT: 1 ll7 -* .. "1 - SUMMARY OF THE FEBRUARY 14 STATE: COASTAL COMMISSION HEARING ON THE AGUA HEDIONDA SPECIFIC PLAN (AHSP) - STATEMENT OF IT,: "ATTE.K -- - 1. On February 14, 1978, the State Coastal Commission held its first public hear- on the Regional Commission approved Agua Hedionda Local Coastal Program. Plos- the discussion centered on the content of the state staff report which the Ci- staff had limited time to review. segmentation of the AHSP as a separate Local Coastal Program. On March 14, the State Comrriission will hold another public hearing on the Cit: appeal of the Regional Commission action and on a revised state staff report. (City staff has not received this revised report as of this date.) A final VI hearing has been established for April 18, 1978. Both the March 14 and April meetings will be held in southern California. EXHIBITS Two items of correspondence were received by the City staff at the February 1 meeting that may be of interest to the Council. Letter from l.1.G. Allen, dated February 10, 1978 Letter From Larry D. Hunts, dated February 13, 1978 RECOMMENDATION That Council direct staff to proceed. in the processinc of the AHS the established dates. Council action 3-8-78 Council directed staff to proceed in the processing of th However,, the State Commission did approve They are: AHSP on the established dates. , TCH:le FORM PLANNING 73 0 a z 9 9. ,* IG Februmy 1978 Mdyor Robert Frazee and Members of the City Council City of Carlsbad Carlsbad, California Dear Mayor Frzzee: The California Coastal Commission Szeff rscommendations on the Agua Hedionda Specific Plan, to be presented in Los Angeles on F2b. 14, 19' call for additional lands 'io be dedicated and increased setbacks on mar parcels. The area in bold outline on the attached map has been held by fivs fami in fee title and as a. first trust deed for about twenty five years. They ( alrnost totally dependent on this property for their future financial welfc This lot on the Agua, Hedionda Lagoon includes nearly 700 foot of lagoo: frontage e If Staff recomendations'are approved the only property remaining to be f on is the blacked out sliver in the top portion of the cross hatched lot. This sliver is less ihaa one fifth of an acre and impossible to use, Should the State Commission accept staff recommendations and implemc them, we implore the Carlsbad City Council to disassociate themselve: from his wild scheme. We view this proposal as complete inverse condemnation, making OUT 1 valuable "First Trust Deed" completely worth?fess c b Oceanside, California 92054 Enc: Map , - - - - -__ - - - ------ --- . __ - . ___ __ z0&- /c ab a a 4- U Y r 0 Z i \ \ _-- .y .\ February 21, 1978 Mayor Robert Frazee and Members of the City Cot ncil The City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Agua tied ionda Specific Plan State Coast Commission Staff Recommendations Dear Sirs and Madam: The Agua Hedicnda Specific Plan as originall3y adopted by the Carlsbad City Council and presented to the Regional Coast Commission was equitable and reasonable e With the exception of the conditions being appealed by the City, Regional action reinforce the plan. State staff recommendafims, if ada'pted, would undo all of the hard work put into the plan and would make it unjust and unreasonable. The staff recommendations were deviously slanted to persuade the State Cornmission to adopt conditions that would render much of thle lagoon-front property virtually unusab Many of the comments by the staff, both written and oral, in regards to the Papagayo property and other properties were totally erroneous. The degree of specificity that the state staff is recommending is not advisable; it woui allow very little flexibility or creative thinking. It is impossible to foresee every des able solution for the best use of a piece of property today much less ten years from no' and the lack of flexibility will hamstring the City Planning Department, the City Cou and the private sector. Compounding this problem is the fact that many of the specifi of this long range rigidity are being suggested by the state staff, whose expertise is nc in local land planning. I have enclosed a copy of a letter and maps which 1 submitted to the State Coast Com mission. The maps clearly iindicate that the ten acres we own adjacent to the Agua Hedionda Loagoon will be rendered completely unusable e If the City of Carlsbad wishes to purchase this ten-acre parcel for a park, Papagayo Developers would be de- lighted to sell the property, but we will not dedicate it under any circumstance. P.O. Elox 787, Carlsbad, Caliiornia 92008 (714) 291-3813 e e We urgs that the City Council take a very firm position in support of the original Agua Hedionda Specific Plan and, if necessary, withdraw the plan. Sincerely, &D@ /&T --- * Larry D. Hunts, A. I.A. Papugayo Developers LDH:jh E nc I osu re - i I- a1 e - 3- ? 'f Eos: CFfice BOX 787 Carlzbad, California 92003 February 13, 1978 CcrIifor-nia Coastal Cornmission 631 f-toward Street San Francisco, Cal ifonicl 941 05 MenrSen of the Californici Coastal Commissim: Papclgayo Developers endoires the kgua Hedimda Specific Pisn as orig Inaf ly pee- sentecf by the City of Cnrlshad. We atso c:r?doc;e i'nose condi:ions iytqxseif by $hi Scn Diego Regional Commission which have not been appealed by the City cf CO ri &ad . The State Commission staff recommendations, however, are u:ttenable I Using the attached three maps, I would like to point otit some of fhe err~rs in futt and in judgement which were made by the stuff. LAND NOT UNDER CONSIDEWTION FOR PERMIT (Map A, Note 1) On page eight of the staff recommendations it is stated that the State Commission has appi only the first phase of this development. This is an error. Pernit Number 81-7 was issued for the first five phases of Pupcq;uyo to be built on the 14.5 acres nc of the sewer line. This land wilt not be ciffecfed by the Agua Hedionda Specifi Plan. EXISTING DEDICATED OPEN SPACE EASEMENT (Map A, Note 2) At the time Permit Number 81-73 was granted a dedication of 3.2 acrei was required to pro) c9 neighborhood park and adequate buffering for residential areas. It was agreed this dedication could be reshaped to optimize its public usefulness. Given the cho5ce, the yenem! public wi!l/ choose to use the five miles of Carl beaches for recreational pilrrposes rather than the mddy shoreline of the middle I The area will, however, make a destmble neighborhood park. One Sur! Diego gionsl Commission condition to the Agua Hedionc1.s Specific Plan requires G half overlook park. An odditanal fwenty foot ciccess easement from hard?^^ Drive to shoreline has already been, dedicated and ?apcqayo's P-C ordinance with the Cit Ccarlshd calls for us to provide a sfair to i-he wafer. The cul-dc-sac ci: the en( Harbor Drive has adequate morn fer about twelve uu~cxnohfles. Enowyh land has been provldecl for bicycle paths and waII<ways. I originally pre the concept of such c system along the entire lagoon shoreline BO the City of CC in 1972 and to the Coast Commissicn in 1573. e 0 3. .M . a,.;+ CiTY OF CARLSS.?+('j SEi-'/ARATE t@T NlJ>;',$tf< FIVE (Map A, N<>f:? 3) This ?O.I( acre legs1 lot is the oniy land owned by Pcy~ssi"j Developers which wili be affec by the Agua Kediondc; Specific Piail. rnii-s i.0 build on this !grid under' Appect] Pdm-,b~; $1 -73, the request '$\'a5 denied in order i.0 avoid estab1 isi?ir:y precedeni for lagj~~~n development. For this reason the vios divorced from ik permitted section of the Papapyo project. Ali\w~gh af sor f~tu~~f date it mrghi- becorn<: cy pcfi of the p,i;:?iecf, at this tis~e it ~tiil is T~oP. S!!GGESTED ADD17fOb:AL DEDICATION (, 1p 9, NDt2 4) The s: 5ia.rf has reconlmencied sn CIddifionGl dedicaf original dedication. rial pernit and when co:~sid.~:red in fei-ms 05 ijnusable corisjdering the configuraticn of ttit- :-enmiKing land. SUGGESTED FIFTY FOOT ADDITIONAL SETBACK map El, Noie 5) This increc limitation further reduces the usability of the land. Further, it seem diFficutf to justify: by what rationale daes one decide to buffer on open spcce with an open ii wwld seem that the staff proposed the restrT-iction somewhai automatically with0 really considering what they were suggesfirg. LESS THAN AN ACRE PSR4AINfi'aG FROM ORIGINAL 10.16 ACES (Map C, r\ Map C is perhaps the most important of the three maps; the red portion is the OR remaining to be used if th'e staff recornrnendnfions are followed. There are uppro 32,009 square feet available for use out of cn original 44.2, 569 square feet., Th only seven percent of the original fcnd! This Figure does not include provision i fact that much of the tiny area which i-he staff would leave available is too nar be of any reascnable use. Further compounding the problem is the absence of st QCC~SS. We urge you to ratify the Agua i-iedionda Specific Plur! as presented ~o you by I of Carlsbad. SI nce re 1 y , '2>~!>~i~~ 'r'.;:pa~~~yo Developers c of approximoiely SIX 7.1 ' gnis dedication cwr;r.s!- be ;cquesied as Q coi:!:iif;c?ri to the 0;' t Five, it wov3d rerdzr i-he lot virf This proposal is totally unacceptable. It is an equitab!e propixa'Yt with ample provisions for public use. &pe7 ,&e!& <-- Larry D. Hvnts, A,I.A. General Partn.zi-, Papagap Developers LDH: jh E rr c I osu res .... . . ._ ..,._ -. u, 2. e .i Qd 8 rn ,; - @b 85: >-Q- I- a- * - -wo b: WW- H ozZ>oO/-9oZ !.L E &Z ha) -u;;;a Uk< .. on22 p ~OuCv,, 0 -1 0 I & $2 IlJ -0) \, $OYLa u .. b* ~Qcnwt w .: I- 3 v) T;r c OZZ~O~/ -30;3 "72 -G+u 1ZQ)d: "UJrz Z"0 wucz.d * ;<c5* 0 -1QL.- 9 Q bo 8 Z 0 ,J 1 r *$ ---A,-.,-,. nn-x