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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (96)o oDETISCH & 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 John F. Smith e-™111 dclaw@adnc.com Carl E. Sizemore Of Counsel Harold O. Valderhaug February 25, 2000 VIA FACSIMILE & U.S. MAIL Mike Grim City of Carlsbad Planning Department Senior Planner 1635 Faraday Avenue Carlsbad, California 92008-7314 RE: Poinsettia Properties tentative map CT 98-14 et al., Phase 2 Standard Pacific Homes Dear Mr. Grim: I represent Mr. and Mrs. Michael Burris, owners of a single family residence located at 1250 Veronica Court, Carlsbad, California.92009; which lies adjacent to the above-referenced proposed subdivision. It is my understanding that the above-referenced tentative map may come before the Carlsbad Planning Commission on April 5, 2000. While it is my intent to attend that hearing and present my clients' views, nevertheless, I would like to present in written format several of their concerns. Those concerns are as follows: (1) Noise, dust and fumes; (2) traffic and easement of access, (3) loss of views and interference with view and (4) the aesthetics of the project. First, the proposed extension and construction of Lonicera Street may create additional noise, dust and fumes. While my clients' understand that Lonicera Street will serve as a collector street they are concerned that the traffic noise may be or become a problem. Since Lonicera Street will accommodate multiple housing, traffic noise may be greater than that expected on a traditional collector. Although Poinsettia Lane will have noise attenuation walls to inhibit noise, they may prove of little help to my clients. My clients would like assurances that traffic noise from these sources will not be a problem and if it does become so, then corrective action can be taken. Closely conjoined with this issue is the easement road which exists between my clients' property and that of the proposed subdivision. This easement road appears to accommodate the use of the Tabata Property including the transport of agricultural goods by truck. My clients' use and Mr. Michael Grim February 25, 2000 Page 2 enjoyment of their property is affected by the number of large trucks moving produce and other goods. It is my clients' hope that with the new Thompson subdivision that access to the Tabata Property would be effected through Lemon Leaf Drive. They understand that this will occur, i.e., the access point will be developed at the Lemon Leaf location and thus if possible they would like to see the abandonment of use of this easement road by the Tabata Property. They understand further that this road serves as an easement road for the Water District, a use which my clients' can accept; however, if the Tabata property takes it access from Lemon Leaf Drive, perhaps this easement road could then be gated to discourage general public use of the roadway. As it is now, the noise, dust and fumes from use of this easement road by large mechanical equipment is a distraction and causes a diminution of value of my clients' property. Another extremely important consideration regarding this proposed subdivision is the preservation of my clients' panoramic view of the ocean. The view from my clients' property is grandiose and extends from La Jolla to Dana Point. They are rightfully concerned that the new subdivision may interfere with or impede their view for which they paid an additional premium. They have been assured by the Developer that the new housing structures will not impede or interfere with their view. They also have been assured by the Developer that the landscaping and trees will also not impede or interfere with my clients' line of sight. While my clients' are appreciative of these assurances they want to ensure, that once the Developer sells its units that these height restrictions survive. My clients' support whatever vehicle is available to the City to ensure that this is accomplished. With respect to the view consideration, they note the Developer proposes to include a small park (on proposed Lot 224). Their concern in this regard is that the park remain passive in nature and unlighted. Glaring lights from a park use is a source of concern to my clients. A more intense use of the park would also be unwelcome. They believe that a few walkways with picnic tables and barbeques are planned. No overhead lighting is anticipated. Their request is to keep the park as unobtrusive as possible. Regarding the aesthetics of the project, my clients, while they recognize the legal need for the inclusion of affordable housing, are concerned that such housing to be included in the proposed subdivision meet or exceed the standards of the surrounding community. They understand that this will be the case, however, my clients are interested in ensuring this result. They also are requesting that appropriate standards be included in the CC&R's for the project so as to ensure the maintenance of a quality product. One final concern is that of a potential or real drainage problem. My clients' reside at the bottom of Veronica Court (Mariners Point). Water runoff drains into a culvert immediately adjacent to my clients' property. An apparent overflow swale seems located to accommodate additional runoff. This overflow appears to be directed at the proposed subdivision. It may or not be a problem for this development and should be evaluated by the City Engineer's staff. Under separate cover, I will be asking the City Engineer to evaluate this matter. Mr. Michael Grim February 25, 2000 PageS My clients wanted to share these concerns with you, the Planning Commission and City Council. Please include this letter as part of the administrative record. They also wanted to advise you that they met and shared their concerns with Gregg Linhoff of Standard Pacific Homes. They are hopeful that Standard Pacific will address these concerns and make what accommodations it can. Should you have any questions, please call me. Sincerely, riS<5H & CHRISTENSEN DWD:sll cc: Mr. and Mrs. Michael Burns