HomeMy WebLinkAboutHDP 96-10; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (8)January 9, 1997
Mr. Michael Holtzmiller, Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
SUBJECT: Cade Residence - HDP 96-10/MS 96-01
Dear Mr. Holtzmiller:
I understand that you will be considering the approval of a Hillside Development Permit for the
proposed Cade project sometime next week. On June 30, 1996, my wife and I wrote the City
Engineer a letter expressing numerous concerns regarding the Tentative Parcel Map which is
associated with the pennit that you will be considerhg. A copy of that letter is enclosed for
your information. On January 8, 1997, I met with Clyde Wickham of the City's Engineering
Department to discuss the modifications that the applicant has made to the Tentative Parcel Map
since his initial submittal. Based on that discussion, I believe that the majority of my concerns
have been addressed. However, the timing of restoration of public access along the north shore
of Agua Hedionda Lagoon needs to be addressed in your action on the Hillside Development
Permit.
In my capacity as the President of the Board of Directors of the Bristol Cove Property Owners
Association, which represents 261 property owners in the vicinity of the project site, I have been
charged with working with City and California Coastal Commission representatives to achieve
restoration of this public access which is very important to the residents of Bristol Cove and
other Carlsbad residents. As stated in my June 30, 1996, letter to the City Engineer:
"Last fall [1995], without benefit of a Coastal Development Permit from the
California Coastal Commission, the property owner erected a fence effectively
blocking public coastal access. Prior to the erection of the fence, the beach on the
property proposed to be subdivided had been publically accessible for at least ten
(10) years. The accessibility of this beach area provided an important pedestrian
linkage between the Bristol Cove public access at the terminus of Cove Drive and the
commercial recreation uses west of the property. Since the erection of the fence
public access has been blocked. We believe the City, in its consideration of the
proposed Tentative Parcel Map, should consider restoration of public access to the
shoreline a high priority."
Thus, with regard to the project site, the Bristol Cove Property Owners Association is requesting
that the City of Carlsbad not issue any further development permits or grant any further
approvals, beyond the Hillside Development Permit/Tentative Parcel Map approval, until public
access along the shoreline is restored. In order to achieve this, I recommend that the following
Condition of Approval be placed on the Hillside Development Permit:
-.
c Mr. Holtzmiller
Page 2
Prior to issuanm of any permit or recordatioLl of the Final Map, the applicant shall offer
the 25 foot public access easement along the north shore of Agua Hedionda Lagoon to
the City of Carlsbad or its designee.
Thus, if the applicant would like to pursue development of his property, such as grading, prior
to recordation of the Final Map, he would be required to record the public access easement by
separate instrument. Further, requiring dedication to the City or its designee would allow the
City to determine the appropriate entity to receive the dedication. A public agency such as the
State Coastal Conservancy or a non-profit corporation such as the Agaa Hedionda Lagoon
Foundation may have an interest in accepting the dedication, if City acceptance of the easement
is a concern.
Thank you in advance for your consideration of my request to impose a condition of approval
on this Hillside Development Permit to expedite the restoration of public access to the shoreline
of Agua Hedionda Lagoon. Please contact me at 729-0294 if you have any questions regarding
the information and request presented in this letter.
Sincerely,
Richard K. Mahler
President, Bristol Cove Property Owners Association
c/o The Kelly Group
5731 Palmer Way, Ste. C1
Carlsbad, CA 92008
Enclosure
cc. Honorable Mayor Lewis and Members of the City Council Ms. Anne Hysong, Project Planner
Mr. Bill Ponder, Cazifornia Coastal Commission
Ms. Debra Lee, California Coastal Commission
Mr. Chuck Damrn, California Coastal Commission