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