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HomeMy WebLinkAbout2003-12-15; Parks & Recreation Commission; 1203-7; Status of Rosalena Trial RealignmentPARKS & RECREATION COMMISSION -AGENDA BILL AB#1203-7 MTG. DATE: 12-15-03 STAFF: KETABIAN TITLE : STATUS OF ROSALENA TRAIL REALIGNMENT X INFO f-| ACTION RECOMMENDED ACTION : Accept and file staff report. No Commission action is required at this time. ITEM EXPLANATION : Staff will provide an informational update to the Commission regarding the status of the Rosalena Public trail in the Southwest Quadrant of the City. (See Exhibit 1) Commissioners received a copy of a letter, (attached as Exhibit 2) and report from the law offices of Worden, Williams, Richmond, Brechtel & Kilpatrick regarding a "Request for Initiation of Permit/Code Enforcement Proceedings To Compel the Rosalena Howmeowners to Construct the Public Trail Required by Coastal Development Permit No. 6-85-482A3-R and City of Carlsbad Master Plan 175-A." At this meeting, staff will provide a verbal report to the Commission to update them on recent actions taken by the Community Homeowners Associations that are seeking action regarding the public trail. EXHIBITS: Exhibit 1- Location Map Exhibit 2 - Copy of letter from Worden, Williams, Richmond, Brechtel & Kilpatrick Exhibit 3 - Letter from Planning Department Legend Intended Location of the Rosalina Trail Existing Trail Trail Head Parking N 500 Feet Map Created by the City of Carlsbad CIS /cargis2/producls/parksrec/r328.02/RosalinaTrail.mxd City of Carlsbad Pacific Ocean EXHIBIT W. Scott Williams Tracy R. Richmond D. Wayne Brechtel Terry Kilpatrick Terry M. Gibbs Malinda R. Dickenson THE LAW OFFICES OF WORDEN, WILLIAMS, RICHMOND, BRECHTEL & KILPATRICK A PROFESSIONAL CORPORATION 462 STEVENS AVENUE . SUITE 102 SOLANA BEACH . CALIFORNIA 92O75 [858] 755-66O4 FAX [858] 75S-5198 www.solartalaw.com D. Dwight Worden Of Counsel E-Mail dwb(@solanalaw.com I i I I ft I I i I I i i October 22, 2003 California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 Attention: Permit Enforcement City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Attention: Code Enforcement Re: Request For Initiation Of Permit/Code Enforcement Proceedings To Compel The Rosalena Homeowners To Construct The Public Trail Required By Coastal Development Permit No. 6-85-482A3-R And City Of Carlsbad Master Plan 175-A. Dear Permit/Code Enforcement Officers: This office represents the San Pacifico Community Association ("San Pacifico Association"), a master organization for three separate homeowner associations and over 450 homeowners. Members of the San Pacifico Association are part of a larger residential development that includes the subdivision governed by the Rosalena Owners' Association ("Rosalena Association"). The Rosalena subdivision has over 70 homeowners, including 23 owners of residential properties that are on the southern edge of the development overlooking Batiquitos Lagoon1. The Rosalena Association is not part of the San Pacifico Association. The purpose of this letter is to request initiation of permit/code enforcement proceedings to compel the Rosalena Association to construct the bluff-top public trail (hereafter "Rosalena Trail") required as a condition of Coastal Commission and City of Carlsbad permits for their homes. Existing permits require and authorize construction of the Rosalena Trail along the bluff-top within a 45-foot wide section of dedicated open space. The trail requirement has been in place since 1985, and approved plans for the trail have been in existence since 1993. Unfortunately, the Rosalena property owners have steadfastly refused to construct the required trail. Most recently, the Rosalena Association has been attempting to eliminate the trail requirement altogether through a permit process that has stalled construction for the last two years. Set forth below is a detailed overview of the pertinent facts underlying the Rosalena Trail history. What the facts reveal is that there is no reason, other than refusal on the part of the 1 Lots 2 through 24, Exhibit 1. K:\Clients\Sanpaw\Letters\Code EnforcementOOl.CCC and Carlsbad.doc EXHIBIT 2 I\v •i i i i i i i i California Coastal Commission City of Carlsbad October 22,2003 Page 2 original developer and subsequently the Rosaiena Association, for the iailure to construct the Rosalena Trail.2 1. The Rosalena Trail Is One Portion Of A Trail System Required As A Condition Of The 1985 Coastal Commission Approval For The Master Development. The Rosalena Subdivision is part of a comprehensive, 167 acre Master Development on the hills north of Batiquitos Lagoon between Interstate 5 and the Coast Highway that was approved in 1985. (See Staff Report for Coastal Permit 6-85-482 attached as Exhibit 2,)3 A key condition of project approval was construction of a public access trail "along the north shore of Batiquitos Lagoon." (Exhibit 2, p.9.) This included a segment of trail along the edge of Area C in the map below, including 23 parcels within the Rosalena Subdivision that enjoy unprecedented views of Batiquitos Lagoon and the Pacific Ocean.4 . f NORTH 2 The San Pacifico Association recognizes that the Rosalena Association is comprised of a number of property owners who may not have been involved in the historical details outlined below. Some homeowners may not have any objection to construction of the Rosalena Trail. Unfortunately, the homeowner's ability to construct and/or block construction of the Rosalena Trail is as a group. The trail construction requirement is binding on all homeowners equally, and all homeowners have an obligation to ensure that it is completed. The project originally included educational facilities and was called the Batiquitos Lagoon Educational Park. The educational facilities were later converted to residential uses. 4 The Permit called for a public access trail along Areas C, H, K and L. California Coastal Commission City of Carlsbad October 22,2003 Page3 The Coastal Commission Permit required that the trail be completed prior to occupancy of any homes. The trail requirement was memorialized in recorded deed restrictions that are binding on all properties within the master development. (A copy of the deed restriction, which encompasses the Rosalena properties is attached hereto as Exhibit 3.) 2. Other Trail Segments Required As A Condition Of Master Development Approval Have Been Constructed. Trail segments along the north shore of Batiquitos Lagoon beginning at the railway and continuing east up to the Rosalena homes facing the Lagoon have been completed and are being enjoyed by members of the public. The completed portions of the public trail are shown in yellow below. These trail segments were constructed without objection, notwithstanding the fact that some portions run right along the backyards of residential properties. The San Pacifico Association is responsible for maintenance of the trail segments in front of its homeowners. The intended location of the yet to be constructed Rosalena Trail is shown in green. 3.Approvals For The Rosalena Trail Are In Place, But Construction Has Been Stalled By The Homeowners. The City of Carlsbad Engineer approved plans for construction of the Rosalena Trail on February 2,1993. (See Project No. PE2092-07 and plans attached as Exhibit 4.) As approved, the trail is to be located on the top of the bluff overlooking Batiquitos Lagoon and within a dedicated 45-foot wide-open space area. The Rosalena Homeowner CC&Rs expressly provide for placement of the public trail within the 45-foot open space setback and further provide for maintenance of the trail by the Rosalena Association. (Exhibit 5, p. 12.) I XV California Coastal Commission City of Carlsbad October 22, 2003 Page 4 All discretionary approvals for construction of the Rosalena Trail have been issued, and no further environmental review is required. Construction of the trail is to be done within areas previously graded as part of the original project construction. (See photos included with 2/22/1998 letter attached as Exhibit 6.) Environmental review for trail construction within this area was completed as part of the original project approvals. In 1994, both the City of Carlsbad and the Coastal Commission confirmed that no further approvals were required and directed that the developer construct the Rosalena Trail segment. (Exhibit 7.) Kaiza, the successor to the original project developer, had indicated its willingness to construct the trails along the north shore of Batiquitos Lagoon, including the Rosalena Trail segment in question in 1993, pending Coastal Commission go authorization. (Exhibit 8.) The 23 Rosalena homeowners then embarked on a new campaign in opposition to the trail, causing Kaiza to abandon construction of the east segment of the Rosalena Trail in front of the 23 lots overlooking the lagoon. Construction of the west segment was completed by Kaiza, as directed by the City. (Exhibit 9) Construction of other trail segments, excluding the segment in front of lots 2-24, was completed as each subsequent phase was developed. 4. The Rosalena Homeowners Have Consistently Violated Conditions Of Coastal Commission And City Approvals By Failing To Construct The Public Trail And By Constructing Unauthorized Backyard Improvements. Occupancy of the Rosalena homes prior to construction of the public trail violated express conditions of the Coastal Development Permit for their homes. "The construction of the bluff-top trail segment was to have been done concurrent with the development approved in CDP #6-85-482. The fact that the trail is not yet constructed is a violation of that coastal development permit." Coastal Commission Letter dated November 28, 1994 Exhibit 7. Although the public trail was not completed, private improvements within the dedicated, 45-foot open space area were constructed in violation of permit conditions. Original Coastal Commission conditions prohibited construction of any private structures within the 45-foot open space area. (See Exhibit 2, p.7-8) In 1988, the City became aware that backyard structures were constructed in violation of setback requirements and initiated enforcement action. (See Letter from Delores Welty indicating the extent of grading and backyard structures, Exhibit 6) The result was an application by the developer and the existing homeowners for a permit amendment to allow some private structures within the open space area. As part of the Permit amendment process, the Coastal Commission required submittal of plans identifying the location of the public trail to be constructed. Plans identifying the 10-foot wide location of the Rosalena Trail were submitted to Coastal Commission staff. Copies of the plans submitted to the Commission, which clearly delineate the intended location of the trail, are attached as Exhibit 10. The specific trail location was also staked at this time. These efforts W-\v 1 California Coastal Commission City of Carlsbad October 22, 2003 Page 5 were used by the homeowners as support for their request for relaxation of building requirements. (See letter Exhibit 11 from C.D. Donate dated October 12, 1989.) The Bluff top homeowners have met the Coastal Commission requirements as follows: c. Within the 45' setback area the 10' public access trail and fencing have been staked for this location. The City of Carlsbad and, ultimately, the Coastal Commission approved a Permit amendment that allowed for a limited construction of private improvements within the open space area. The approval process included specific conditions identifying the size and location ^^ of private improvements. The conditions required that improvements be kept a certain distance • back from the 10-foot wide public trail. (Exhibit 12, Coastal Permit 6-85-482 A3.) The permit requirements also required that conditions Limiting the size of structures and their proximity to • ' 'v., the public trail be recorded in the chain of titles for the Rosalena properties. (See Exhibit 5, ;| Rosalena CCRs.) The Rosalena property owners accepted the benefits of the Permit amendment to the extent it concerned their private improvements. However, when it came to construction of the trail, the Rosalena Association has continued to block its completion. 5. The Rosalena Homeowners Have Again Delayed Construction Of The Public Trail By Submitting An Application To Relocate The Trail From The Bluff- Top Overlooking Batiquitos Lagoon To The Interior Street And, Thereafter. Failing To Provide Information Necessary To Process The Application. <In August 2001, the Rosalena Homeowners Association submitted an application to the City of Carlsbad for a trail amendment that would allow relocation of the bluff-top trail to the interior street.5 The San Pacifico Association is vehemently opposed to the application because«it would eliminate an important public amenity intended to benefit the community and public in general. The proposal would exchange priceless views of the Batiquitos Lagoon and Pacific Ocean for views of garage doors and bumpers. The proposed amendment would also be unfair • to other homeowners who have built and now maintain other sections of the public trail required ™ as a condition of the Master Development approvals. I I I I I The San Pacifico Association has been monitoring the permit process with the intent of presenting its objections as the application proceeded forward. Unfortunately, the application has been stalled due to the failure of the Rosalena Owners' Association to provide information required by City staff. Specifically, the San Pacifico Association is informed that staff has 5 The application was submitted, in part, in response to a Coastal Commission staff letter that indicated staff would support trail relocation if certain conditions were met, including, among others, City of Carlsbad approval. The letter was limited to a staff recommendation only. It did not, and could not, commit the Commission to approval of a relocated trail. ri i i i i i XV r i California Coastal Commission City of Carlsbad October 22, 2003 Page 6 requested survey and detailed information to help it evaluate the application. To date, the information has not been provided and there is no indication of when, if ever, the Rosalena Owners' Association will provide the requested surveys. At this point there is no certainty that the Rosalena Trail application will ever be completed. The Rosalena Homeowners must not be allowed to use their refusal or failure to respond to City requirements as an indirect way of accomplishing their goal of preventing construction of the Rosalena Trail. 6.Conclusion. The Rosalena Homeowners have improperly delayed construction of an important public trail for more than a decade. This trail is identified as a "citywide" trail in the Poinsettia Shores Master Plan. MASTER TRAILS CONCEPT POINSETTIA SHORES MASTER PLAN KAI7A POINSFTTIA TORPORATfON All discretionary permits necessary for construction of the public trail have been in place since at least 1993. Members of the San Pacifico Homeowners Association and the general public have waited long enough for completion of a public trail required as condition of a development permit issued in 1985. The San Pacifico Association respectfully requests that the Coastal Commission and City of Carlsbad initiate code enforcement proceedings to compel construction of the Rosalena Trail at the earliest possible date. \California Coastal Commission City of Carlsbad October 22,2003 Page? I appreciate your attention to this matter and am available to answer any questions or provide additional information as necessary. Very truly yours, WORDEN, WILLIAMS, RICHMOND, BRECHTEL & KILPATRICK, APC D. WAYNE BRECHTEL DWB:lg Enclosures cc: Michael Holzmiller, City Planning Director Anne Hysong, City Planner, City of Carlsbad City of Carlsbad Parks & Recreation Commission David Allgood for Scott Peters, San Diego Coast Representative Coastal Commission Bill Ponder, California Coastal Commission San Pacifico Community Association City of Carlsbad Planning Department November 24, 2003 Rosalena Homeowners Association c/o Mr. John Burns 7564 Navigator Circle Carlsbad, CA 92008 SUBJECT: MP 175(I)/LCPA 01-10 - ROSALENA TRAIL REALIGNMENT Dear John: The City's Trails Committee and I met recently to discuss the issues surrounding your applications to realign the remaining bluff-top segment of the Rosalena trail. I explained to the committee that Planning staff had met with you and another representative from the Rosalena HOA regarding reactivating your application to realign the trail. We discussed the information that has been requested by the City on different occasions to assist staff in making a determination regarding the proposed trail realignment. The committee decided that prior to requiring any further studies, the approved trail alignment should be surveyed and staked. After this has been completed, staff will have the opportunity to review the actual physical alignment of the trail and determine what additional information may be necessary to proceed with the subject applications. The surveying operation will be completed at City expense; however, permission from each property owner must be granted prior to surveying of the bluff-top properties. Please secure signatures from each of the property owners of Lots 2 -24 on the attached "Permission For Right of Entry" forms, and submit the forms to me as soon as possible to enable this work to be completed in a timely fashion. If you have any questions, please contact me at (760) 602-4622. Sincerely, ANNE HYSONG Associate Planner Attachments Julia Coleman Chris DeCerbo Joe Garuba Don Rideout Liz Ketabian File EXHIBIT 3 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us