The URL can be used to link to this page

Home My WebLink AboutLCPA 02-10; Habitat Management Plan; Local Coastal Program Amendment (LCPA) (20)* 4 ?.’ EDWARD E WHITTLER MARSHAL A. SCARR MATTHEW A. PETERSON LARRY N. MURNANE CHRISTOPHER 1. CONNOLLY KELLY A. GRALEWSKI VICIDRIA E. ADAMS ERIC J. PROSSER ELOISE H. FEWSTEIN OF COUNSEL PAUL A. PETERSON PETERSON & PRICE A PROFESS ION AL COR POR AT ION LAW YE RS - - ___.-zm Union Bank of California Building 530 “B” Street, Suite 1700 San Diego, California 92101-4454 Telephone (619) 234-0361 Fax (619) 234-4786 February 3, 2003 Mayor Claude A. “Bud” Lewis and Members of the City Council City Of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 Carlsbad Office 703 Palomar Airport Road Suite 200 Carlsbad, California 92009- 1042 Telephone (760) 929- 1920 Fax (760) 929-2206 File No. 6146.001 RECEIVED FEB 0 4 2003 CITY OF CARLSBAD PLANNING DEPT. Re: Tuesday, February 4, 2003 Habitat Management Plan LCPA 02-1O/EIR 97-01 Addendum/DI 02-01 (HMP Addendum #2) Dear Mayor Lewis and Members of the City Council: We represent Larry Krasnow and his family and Bob Kevane and his family with regard to the above referenced matter. Our clients own four (4) legal lots that comprise approximately 20 acres. The property is zoned R-1 and is located immediately east of Ambrosia Lane and to the west of Skimmer Court within LCP Segment Section Mello I1 (see attached Tab 1). Our clients have owned these 4 lots for over 30 years and have been, for the last 10 years, attempting to subdivide the property for development. In fact, over the last 7 years they have spent an extensive amount of time and money in negotiating with the US. . Mayor Claude A. “Bud” Lewis and Members of The City Council February 3, 2003 Page 2 Fish & Wildlife Service, the California Department of Fish & Game, and the City of Carlsbad to effectuate a ”Hard Line” for the Habitat Management Plan (“MP”) which would limit the amount of development on the site. This Hard Line was scientifically developed based upon specific biological mapping and surveys and in negotiations with the U.S. Fish & Wildlife Service and the California Department of Fish & Game. This Hard Line preserves the Oaks and a wildlife corridor through the center of the property (see attached copy of the approved Hard Line Figure 25 from the City of Carlsbad Habitat Management Plan dated December 1999 - Tab 2). As a result of the Hard Line that was approved by the City and the Agencies in December of 1999, our clients designed a subdivision which would have accommodated the wildlife corridor and would have achieved approximately 46 dwelling units. Recently, the California Coastal Commission Staff has taken a very aggressive stance concerning the HMP and has indicated that unless the City complies with all of the Coastal Commission Staff’s demands, that the Coastal Commission Staff will not recommend certification of the Plan to the California Coastal Commission. As a result of the Coastal Commission Staff recommendations, unfortunately our clients have lost the right to develop 75% of their property, including 2 of their 4 lots! ,- Mayor Claude A. "Bud" Lewis and Members of The City Council February 3, 2003 Page 3 The Staff recommended policies (that were dictated by the Coastal Commission Staff) for our clients' property restrict development to a maximum of 25% of the site and do not allow any development on the easterly 2 lots. This criteria was not based upon biological constraints. In fact, Caitlin Bean, the HCP/NCCP Coordinator and staff biologist for the State of California Coastal Commission (from Santa Cruz, California) recently visited the site on January 13, 2003 with our clients. Ms. Bean concurs with both of the projects' independent biologists representing the owners, that the site does not contain southern maritime chaparral, but rather has been appropriately categorized as chamise chaparral. These very restrictive development standards as contained within the Staff Report as Policy No. 3-8.14, clearly result in a taking of private property without just compensation. Development would be economically infeasible based upon the cost of the roads, infrastructure and other permitting fees associated with the construction of the project. Our clients do not believe it is appropriate or fair that the HMP should result in a taking of three-quarters of our clients' private property for public open space. Finally, we have reviewed Negative Declaration (Resolution No. 5360) for the LCP Amendment and HMP Addendum No. 2 and find that it has not been prepared in accordance with the California Environmental Quality Act. The implementation of Staff's Mayor Claude A. "Bud" Lewis and Members of The City Council February 3,2003 Page 4 recommendation would physically divide an established community. Our clients' property is an infill site virtually surrounded by development. Further, it would conflict with the applicable Land Use Plans, Policies and Regulations which allow for residential development on this property in accordance with the standards associated with the R-1 zoning. Further, we believe that the adoption of these standards as it relates to our clients' property will result in cumulative impacts to the City's housing needs. None of the above referenced items were considered or addressed within the Negative Declaration prepared for the HMP. As such, we assert that the environmental documentation for the adoption of this HMP and Amendment to the Local Coastal Plan is inadequate and does not comply with the California Environmental Quality Act. Based upon all the above, we would respectfully request that the City Council incorporate our clients' Compromise Proposal into the HMP which they have forwarded to you for your consideration. You will note that this Compromise Proposal provides for significantly more open space preservation than the originally negotiated Hard Line. This reduced proposal will result in a project that is economically viable and fair given the very long history that our clients have been attempting to develop their property. Mayor Claude A. "Bud" Lewis and Members of The City Council February 3,2003 Page 5 Should you have any questions, please don't hesitate to call. Sincerely, PETERSON & PRICE A Professional Corporation Matthew A. Peterson Enclosures cc: Ray Patchett, City Manager Michael Holzmiller, Planning Director Ron Ball, City Attorney Lorraine Wood, City Clerk Larry Krasnow Bob Kevane (All with copy of enclosures) ....._ ,- . ... ZONING MAP COMMERCIAL VlSlTORSEFNlNC OVERLAY ZONE & EL WINO REAL COHRIDOR OVERLAY @ 2W1 City 01 Carlrbad GIS wr~1~2:~1~~~~l?l~nn1nplion1n~~on~llxl7.aml 09/06/01 I @I We9 Clty of Carlebad GIs c/oa~is2/pm~uot~/hmp/hm~mJeot/~vansaml ll/24/99 I - .. FT