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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (124)DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen Donald W. Detisch Sean D. Schwerdtfeger Of Counsel Harold O. Valderhaug November 6, 200 444 West C Street, Suite 200 San Diego, California 92101 Tel. (619) 236-9343 Fax (619) 236-8307 e-mail dclaw@adnc.com Mr. Jeffrey Segall, Chairman City of Carlsbad Planning Commis and Commissioners 1635 Faraday Avenue Carlsbad, California 92008 RE: ZC 98-08/LCPA 98-04-CT 98 - 14/PUD 98-05/CP 00-02/SDP 99-06/HDP 98- 15/CDP 98-68 - THOMPSON/TABATA P.C. AGENDA: November 7, 2001 - 6:00 p.m. Dear Mr. Segall and Commissioners: This letter responds to the proposed subdivision entitlement request. This firm represents Mr. and Mrs. Michael Burris, 1250 Veronica Court, Carlsbad California. The Burrisses property is located adjacent to the proposed subdivision and will be further negatively impacted by a proposed roadway 60' wide dedication which would link Lemon Leaf Drive and Lonicera. The Burrisses do not oppose the proposed subdivision; however they would like to see Condition No. 54 - P.C. Resolution No. 5073, page 13 eliminated. The elimination of this dedication requirement is supported by all three (3) affected property owners: Mike and Pat Burris, Standard Pacific (the developer) and, Mr. and Mrs. Tabata, the owner of an approximate 2-acre parcel. Lying adjacent to the Burris' property is an approximate 20-foot wide paved driveway which connects Camino de Las Ondas and the Tabata property. According to many months of title research there is no recorded easement for this roadway to the Tabata property as it is presently situated. This driveway area has been the source of problems for the Burrisses. Heavy agricultural equipment has historically used this driveway and has brought with it attendant noise problems. In addition, off roaders have used the driveway and have driven onto the Burris' property. The opposition to this existing driveway and its expansion because of increased noise, dust, fumes, security and privacy concerns. Mr. Jeffrey Segall, Chairman City of Carlsbad Planning Commission and Commissioners November 6, 2001 Page 2 DETISCH &THRISTENSEN The Burrisses property will, if this new roadway is created, be bounded by public roadways on three (3) sides of their property, Camino de Las Ondas to the North, Veronica Court to the East and now this proposed new 60 foot wide road to the South . At the present the Burrisses enjoy an unequaled view and living experience which will be seriously disrupted as a result of the proposed roadway. We understand that this proposed roadway is not necessary for circulation nor is it necessary for safety concerns. The Fire Department has indicated to the Burrisses engineers (Project Design Consultants) that if certain lots of the proposed subdivisions and the parcel lots of the ultimate subdivision of the Tabata property are properly "sprinklered" that the need for any through street would not be necessary, if a road connection to Lonicera is infeasible. We believe that Standard Pacific and Tabata support this proposal as well. We believe that a cul-de-sac could serve the Tabata property in the future and there is no need to construct this proposed 60' wide connection. Candidly, the Burrisses engineers, have explored the feasibility of constructing this proposed road connection and have found it infeasible. The roadway as proposed will require the relocation of water and sewer lines as well as the potential acquisition of off-site properties. If this is the case, the cost to the future developers of Tabata's 2 acre parcel will be prohibitive. It is understood that the gradient of the proposed roadway from Lemon Leaf to Lonicera is to steep at the existing grade and will require the relocation of water and sewer lines. In addition offsite right of way will be required and/or significant retaining walls constructed. This is problematic and unnecessary if Lemon Leaf were simply cul-de-saced into the Tabata property during any future development. It should also be noted that there are other instances within the City of Carlsbad within recent years has allowed cul-de-sacing and, in circumstances where the lot count has approximated or exceeded the lot totals envisioned here. This is a minor variation from any purported standard and in these circumstances is appropriate. All in all, the elimination of Condition No. 54 from the proposed subdivision will not have a harmful affect and would be welcomed by the Burrisses, the Tabatas and Standard Pacific. The Commission is respectfully requested to eliminate this condition from the map and allow the matter to proceed without this requirement. This office met with the Engineering Department early to urge them to eliminate this condition. One of the suggestions from Engineering was to engage an engineer and plot out a proposed land use for the Tabata property. The Burrisses did this and demonstrated to the Engineering Department that a cul de sac would work perfectly for the Tabata property. The second suggestion was to place a gate across the driveway access area which would allow emergency use -X Mr. Jeffrey Segall, Chairman City of Carlsbad Planning Commission and Commissioners November 6, 2001 Page 3 DETISCH £<CHRISTENSEN only. This alternative has apparently been rejected by staff. This letter should be included as part of the administrative record however it is our intent to speak at the Hearing on the 7th and to present the Burrisses position in a more graphic manner. Sincerely, onald W. Detisch, Esq. DWD/sll cc: Client Doug Vickery, Esq. Mr. David Ragland