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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (134)Henthorn & AssociaC^ 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 March 25, 2002 Mike Grim City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Thompson/Tabata Aviara Trail Connection Dear Mr. Grim: As you are aware, during the public hearings for the Thompson/ Tabata residential development, members of the surrounding community requested that the project provide a connection to the Aviara Master Plan trail system. While the project could not be conditioned to provide a link to the trail, the Carlsbad Planning Commission and City Council strongly encouraged the project applicant, Standard Pacific Homes, to investigate the feasibility of a linkage to the Aviara trail system from the Thompson/Tabata residential development. I have conducted research into the status of the Aviara trail with the purpose of providing Standard Pacific with the information necessary to begin the process of locating the access easement and drafting the necessary agreements. In the course of my review, I encountered information which affects the applicant's ability to comply with the Council's directive. As you are aware, the evolution of the trail designation was a function of the Aviara Master Plan implementation. The master trail system, with the exception of the Batitquitos Lagoon segment, was considered to be a private trail system for the exclusive use of the residents of Aviara. However, in the course of implementing the Master Plan, the alignment of the trail system was altered, causing the Coastal Commission to find that a Local Coastal Program Amendment (LCPA) was necessary to bring the existing LCP into agreement with the implementing tentative maps. During the LCPA process, the Coastal Commission further determined that the entire Aviara Trail system should be a public trail system. The language in the Aviara Master Plan and trail development plans was subsequently altered to reflect the fact that the trails were to be open to the public. Although the City of Carlsbad has in their files the LCPA staff reports, modified Master Plan, and "pubic trail" improvement plans, there is no documentation indicating that the trail was dedicated to the public. I have spoken at length with the Coastal Commission's project manager, Bill Ponder, who was assigned to the Aviara project. Mr. Ponder concurred with the sequence of events above, and indicated that the Coastal Commission never took possession of the public access easement. According to Mr. Ponder, the Commission does not believe that the easement was ever recorded and currently, the Aviara Homeowner's Association remains the responsible party for the maintenance and management of the trail system. -1- c As a result, although the Aviara Master Plan, Local Coastal Program, and the trail signage all indicate that the trail is a public trail through the Aviara community, there apparently was no transfer of the trail to a public agency. Consequently, Standard Pacific cannot dedicate a public access to what is legally a private trail system. To do so would be misleading to the future residents and possible not permissible from a legal standpoint. However, in the interests of cooperating with the surrounding community and complying with the desires of City Council, Standard Pacific proposes to grant an irrevocable offer of dedication of a public trail access. This will reserve access rights until the offer is accepted by the City of Carlsbad. We would appreciate your feedback concerning this proposal. Please feel free to contact our office at (760) 438-4090. Jayne Haussler Associate Planner cc: Todd Palmaer, Standard Pacific Homes Kathy Baker, Standard Pacific Homes Jack Henthorn file \\jha-server\public\$ Projects\062 - Thompson\Issues\Aviara trails to Mike.doc -2-