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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (126)DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen 444 West C Street, Suite 200 Donald W. Detisch San Diego, California 92101 Tel. (619) 236-9343 Sean D. Schwerdtfeger Fax ^619) 236-8307 e-maildclaw@adnc.com Of Counsel Harold O. Valderhaug /&November 28, 2001 A Via Facsimile & U.S. Mail ™" ^ PUNNING DEPARTMENT Mr. Jeffrey Segal!, Chairman City of Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 Commissioners City of Carlsbad Planning Commission 1200 Carlsbad Village Drive 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 SUBDIVISION P.C. AGENDA: December 5, 2000-6:00 p.m. Dear Mr. Segall and Commissioners: This letter is a summary and elaboration of our remarks presented at the hearing on November 7, 2001 related to the above-referenced subject. First, this material is presented on behalf of Mr. and Mrs. Michael Burris, owners of 1250 Veronica Court, Carlsbad, (Lot 18 of Mariner's Point), a cul-de-sac lot immediately adjacent to the proposed subdivision. The following bullet points represent the majority of our comments: Their concerns relate to the proposed extension of Lemon Leaf Drive to Lonicera Drive - Increased traffic noise, dust and fumes, security and privacy, (e.g., off readers have driven onto portions of their property from existing driveway); o DETISCH & CHRISTENSEN Mr. Jeffrey Segall, Chairman and Commissioners Page 2 November 28, 2001 At the time of their purchase, the Burrises were aware of the driveway use and open space but not construction of a major collector street adjacent to their cul-de-sac lot; All three (3) of the affected property owners in the area, including the developer here, support the elimination of Condition No. 54 of proposed P.C. Res. 5073 - the Burrises, Standard Pacific and Mr. and Mrs. Tabata (see attached letters from Standard Pacific and Steve Angus, Tabata's attorney); The proposed roadway is not necessary for circulation and is not necessary for safety reasons; the roadway is not necessary for the future development of the Tabata property. The extension of the Lemon Leaf cul-de-sac into the Tabata property will work fine; The proposed roadway to be dedicated is not necessary to develop the Thompson property; it is not included in the circulation element of any general or specific plan, and the traffic study of Linscott, Law & Greenspan of December 6, 2000 does not even mention this proposed roadway; The traffic to be generated on this proposed roadway does not justify its construction; The proposed roadway, if constructed, is too steep at the existing grade to meet City standards. Future costs to develop the roadway will be excessive; The proposed subdivision of this property and that of the future subdivision of the Tabata property will include a ''sprinkling requirement;" and, thus, any alleged need to have Lemon Leaf connect to Lonicera is removed; Any future construction of the proposed roadway will require the relocation of water and sewer lines and also the acquisition of off-site right-of-way and/or construction of significant and expensive retaining walls; There are other instances in the City of Carlsbad where the cul-de-sacing of roadways has occurred in similar circumstances (at Aviara, Sea Brite, and Sea Breeze); o DETISCH & CHRISTENSEN Mr. Jeffrey Segall, Chairman and Commissioners Page 3 November 28, 2001 • There are major inconsistencies between the vertical alignment of proposed Lemon Leaf Drive between the proposed Tabata Ranch tentative parcel map (MS 01-14) and the Thompson/Standard Pacific (T/SP) Tentative Subdivision Map at the northerly boundary of the Tabata property. If the T/SP grades are lowered to match the Tabata grades, then the T/SP will need off-tract sewer easements to achieve gravity flow. If the Tabata grades are raised to match the T/SP grades then the future grade of Lemon Leaf Drive will significantly exceed the City allowable maximum grade of 12 percent. • The City's Standards for Design and Construction of Public Works Improvements (STANDARDS) recommends that the number of dwelling units on a cul-de-sac not exceed 50. This standard has been commented upon above; however, if Lemon Leaf were to cul-de-sac in the Tabata Ranch project, 52 dwelling units would be served. This is a minor increase over the arbitrarily established limitation and only affects a 300 foot long section of Lemon Leaf Drive. My clients support a waiver from the STANDARDS to allow 52 lots and the cul-de- sacing of Lemon Leaf into the Tabata project; and • The separation between the proposed future intersection of Lemon Leaf Drive with Lonicera Street and the Lonicera/Camino de Las Ondas intersection does not meet the minimum separation distance required by the STANDARDS. In consideration of the conflicts with existing easements created by the extension of Lemon Leaf Drive to Lonicera Street, the required waiver of maximum street grade standards and the waiver of minimum street intersection separation standards, it is believed that a single waiver to allow 52 lots in lieu of 50 lots on a cul-de-sac be granted for the Tabata Ranch and that the Thompson/Standard Pacific subdivision be relieved of the requirement to provide a 60 foot wide L.O.D. adjacent to proposed Lot 224. In light of these considerations and in light of the non-existent evidence of any need for this particular roadway and especially its proposed size, the Commission should order the deletion of this condition. Of all of the proposed roads to be established by the Thompson Subdivision this proposed extension of Lemon Leaf makes the least sense. The Thompson map does not lower the elevation of Lemon Leaf Drive and thus off-site acquisition will be required in the future to make this road arguably work. The future use of the Lemon Leaf extension is almost non-existent and there is no traffic count which supports any conclusion to build the road. DETISCH & CHRISTENSEN Mr. Jeffrey Segall, Chairman and Commissioners Page 4 November 28, 2001 On behalf of my clients, please eliminate the proposed extension of Lemon Leaf Drive as a condition of the Thompson subdivision map. This letter should be included as part of the record. DWD/sll Enclosure(s) cc: Mr. and Mrs. Mike Burris Donald W. Detisch, Esq. STANDARD PACIFIC HOMES ocr - 4 September 26,2001 Donald W. Detisch Detisch & Christensen 4444 West C Street, Suite 200 S an Diego, C A 92101 RE: Poinsettia Properties Tentative Map CT 98-14 et al. Phase 2 Dear Mr. Detisch: It appears that we are on the agenda for the November 7, 2001, Planning Commission Hearing. As you are aware we have had numerous issues to resolve on this project; therefore, we are very pleased to be moving forward. We are aware that your client wishes that the "secondary access" easement, adjacent to his property, be eliminated from the project design. The City Engineering staff has consistently requested that we provide this easement. The overall project design is not dependent on this easement as a means of access nor do we need it for traffic flow. The intent of the easement is to provide the Tabata property "secondary access" in the event that the Tabata's subdivide their property. Therefore, at the City's request, we are providing this easement to the Tabata property. If during the public hearing process the City determines that this "secondary access" is not necessary, we would not object to eliminating this easement from the project design. I have encouraged the Tabata's engineer to look at a couple possible alternative designs, to show the elimination of this easement or as an emergency only access design. This would provide the City with some alternative designs if the City Council agrees with the request to eliminate the easement. We appreciated your patience and support through this process and if you have any further questions please do not hesitate to call me at (760) 602-6813. Sincerely, STANDARD PACIFIC HOMES Kathy Saker Project Manager San Diego Division 5750 Fleet Street, Suite #200, Carlsbad, CA 92008 TEL (760) 602-6800 FAX (760) 602-6880 STEVEN M. ANGUS ATTORNEY AT LAW 2611 SOUTH COAST HIGHWAY 101, SUITE 204 DECEIVER CARDIFF-BY-THE-SEA, CALIFORNIA 92007 TELEPHONE (760) 942-5050 CCD 4 « Onfil FACSIMILE (760) 436-7483 Otr 1 g £UUl September 17,2001 Donald W. Detisch, Esq. Detisch & Christensen 444 West C Street, Suite 200 San Diego, CA 92101 Re: Tabata property Dear Mr. Detisch: Thank you for your letter, dated September 13, 2001, regarding'the Lemon Leaf access matter. My clients have expressed no objection to taking access off Lemon Leaf Drive, but have indicated that they and their Civil Engineer, Wayne Pasco, have been advised that the City objects to such access. While I don't believe Wayne Pasco has made any formal application to the City of Carlsbad for the subdivision, he has discussed the matter with City staff and will continue to prosecute the subdivision for the benefit of the Tabatas in accordance with his own professional judgment. I have not discussed the matter with Standard Pacific and, as the Tabatas are trying to keep their costs down, will not do so at this time. I hope this makes the Tabatas' position clear to you. My office will be closed from September 20 through October 3, as I will be out of the state. ' v • Sia SMA/sta cc: Mr. and Mrs. Tabata Wayne Pasco, RCE lg]U07 STEVEN M. ANGUS ATTOBNEYATLAW 2611 SOUTH COAST HIGHWAY 101, SUITE 204' DECEIVED CARDIFF-BY-THE-SEA, CALIFORNIA 92007 TELEPHONE (760) 942-505 FACSIMILE (760) 436-7483 TELEPHONE (760) 942-5050 CCQ « gUr '0 September 17,2001 Donald W. Detisch, Esq. Detisch & Christensen 444 West C Street, Suite 200 SaaDiego, CA 92101 Re: Tabata property Dear Mr. Detisch: Thank you for your letter, dated September 13, 2001, regarding'the Lemon. Leaf access matter. My clients have expressed no objection to taking access off Lemon Leaf Drive, but have indicated that they and their Civil Engineer, Wayne Pasco, have been advised that the City objects to such access. While I don't believe Wayne Pasco has made any formal application to the City of Carlsbad for the subdivision, he has discussed the matter with City staff and will continue to prosecute the subdivision for the benefit of the Tabatas in accordance with his own professional judgment. I have not discussed the matter with Standard Pacific and, as the Tabatas are trying to keep their costs down, -will not do so at this time. I hope this makes the Tabatas1 position clear to you. My office mil be closed from September 20 through October 3, as I will be out of the state, - -' Si SMA/sta cc: Mr. and Mrs, Tabata Wayne Pasco, RCE