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HomeMy WebLinkAboutCDP 98-32; Kevin Sturdy Lot 20; Coastal Development Permit (CDP) (12)2076 Sheridan Road \e^ £^4 ®>] Febraary 5,2002 Encinitas, CA 92024 Michael Holzmiller Carlsbad City Planner 1635 Faraday Avenue Carlsbad, CA 92008 Dear Michael Holzmiller: I am writing you in regards to the blatant disregard of common sense and violations of the Carlsbad Habitat Management Plan, Poinsettia Shores Master Plan, California environmental laws, and Federal environmental laws by developers, the Rosalina Homeowners Association and homeowners in the Rosalina Development in Carlsbad. I am living directly across the Batiquitios Lagoon from this development. Specifically I am talking about Lot 20, Map no. 11616 - 7558 Navigator Circle, Carlsbad and Lot 21, Map no. 11616- 7560 Navigator Circle, Carlsbad. These homeowners have removed protected sage not only from their property, but have gone beyond their property lines and have removed coastal sage from state property as well. In addition these homeowners have violated other land use ordinances in the Poinsettia Shores Master Plan. Attachment A in this correspondence is a reconstruction exhibit that was surveyed on Dec 14, 2001 showing these violations. I am frustrated at the slow pace of resolving these illegal activities. I contacted your office with my concerns on November 7,2001. I spoke to Eric Munoz on that date. I traveled to your offices on November 8, 2001 to speak with Anne Hysong in more detail. Anne was very helpful in explaining and pulling maps and plans to better help me understand how this all happened. However, no one seemed overly concerned at the time I brought these violations to your city's attention. Anne talked about a compromise with the Rosalina Homeowners Association in regards to an already approved trail plan by your city. These violations and the homeowners wanting to amend an already approved plan are two different subjects. There need be no compromise made by the city, the Coastal Commission, or any federal agencies. I returned to your city offices with photos of the violations and dropped them off with Anne Hysong on December 18, 2001. Still no one could tell me who in your city government over sees this type of problem. Who in your city is tasked with investigating these violations? And once you have the information that city, state, and federal laws have been violated who is responsible to ensure fines are paid, and these homeowners dutifully carry out refurbishing the destroyed land? Why are homeowners given permits to live in these houses when your city has been aware of the violations since early November 2001? Hydro- seeding is not the answer. Complete restoration done in conjunction with a federally approved botanist is the only answer. I am a reasonable person. If I buy a home lot that has an open space easement running through my backyard, I am legally responsible to abide by that easement. You cannot remove a federally protected plant to improve your view. You cannot go into state land and remove a federally protected plant. The city of Carlsbad needs to step up to the plate in enforcing laws. As a homeowner asking forgiveness, rather than permission or not knowing the law- that is not an excuse. These homeowners bought these homes knowing the trail system was approved in the Poinsettia Master Plan. If they did not want a trail near their back yard no one forced them to buy the lot. Your city need not compromise these issues. What will happen if lots 22 and 23 want to remove the protected coastal sage? Are you aware that there are protected species that are on the federal endangered list that live in and near this coastal sage? I am not against development. But there needs to be balance. And more importantly laws need to be enforced and homeowners held liable for their illegal activities. I am requesting a timely response from you regarding these issues I have brought to your attention. I am also requesting you notify me and notice me on any meetings Carlsbad will be having on the trail system. If the city is not going to step up to enforce environmental land usage issues, I will need to explore and exhaust all my legal options to see laws are enforced by the cities and agencies that are responsible. Sincerely, Mayor of Carlsbad Sara Wan, Coastal Commission Patricia McCoy, Coastal Commission William Ponder, Coastal Commission John Martin, U.S. Fish & Wildlife Service Joel E. Walker, Esq. Batiquitios Lagoon Foundation LOT 20, MAP NO, 11616 REAR SLOPE RECONSTRUCTION EXHIBIT AS SURVEYED ON DECEMBER 14, 2001 NAVIGATOR CIRCLE (PRIVATE) N45'04'30"E 60.00' LOT 21 CONCRETE DRAINAGE SWALE LOT 20 Oo /_ SLOPE AS RECONSTRUCTED f AND PULLED BACK OUT OF LOT 181 N45'04'30 E 60.00'p OJo * LOT 19 N300 OO -10' PRIVATE DRAINAGE EASEMENT AREA CLEARED OF VEGETATION LOT 181 OPEN SPACE EASEMENT ILL.. J- A