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.
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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
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