HomeMy WebLinkAboutLCPA 96-13; Aviara Lot 308; Local Coastal Program Amendment (LCPA) (4)January 8,1998
Mr. Chuck Damm
California Coastal Commission
Regional Director
3 1 1 1 Camino Del Rio North, Suite 200
San Diego, California 92 108- 1725
Re: City of Carlsbad
Major LCP Amendment 1 -97B
Aviara Lot 308
Dear Chuck:
Aviara Land Associates has reviewed the Staff Recommendation for the above-referenced
LCP Amendment request for Aviara Lot 308. We concur and have advised the City to
agree to the Suggested Modifications to the amendment request on page 6 of the
document. We appreciate the Coastal Staff support of the amendment, as modified. ,
We are however, very concerned with the wording of the FINDINGS FOR DENIAL, AS
SUBMITTED (Chapter 3 Consistency) relative to the access drive to Lot 308 (Page 10,
para. 1). This wording suggests that the existing public utility access easement road (for
cleanout of storm drain and sewer manholes) has not been properly permitted.
Specifically the Findings state:
"....thus the utility corridor has been inappropriately graded as private access
and has destroyed habitat that was within the corridor. This apparent
violation will be addressed as an enforcement item. Additionally any
future legal private access that is provided to the site will have to go
through deed-restricted open space areas and the routing of such access
and mitigation of any associated impacts will have to be reviewed as an
amendment to the existing coastal development permit or as a new
coastal development permit."
This is not a statement of the facts of the matter. City of Carlsbad policy requires
developers to provide an all-weather access road over public underground utility
easements in order to provide maintenance vehicle accessibility to all manholes. The
existing all-weather road was installed in 1989, as required by the City, upon installation
c
Mr. Chuck Damm
California Coastal Commission
January 8,1998
Page Two
of Phase I utilities, to provide permanent City access to storm drain and sewer line
manholes. In anticipation of circumstances such as this (which occur frequently within
Aviara), the Coastal Commission deed restriction documentation encumbering the area
allows exemption for "installation and maintenance of underground utility lines and
septic systems.
So the existing access road was not "graded as private access." It was graded as an all-
weather underground public utility maintenance road.
Further, this utility maintenance road was chosen to provide dual purpose as driveway to
Lot 308 simply because it is preferable to utilize existing disturbed corridors rather than
creating new disturbances through the deed restricted open space vegetation. Lot 308 is
surrounded by natural vegetation or golf course on all sides, with the exception of this
permanent all-weather access corridor (Please see attached aerial photo). The City and
Aviara continue to believe that this corridor is the superior location for driveway access
to Lot 308.
As a result of these factors, we disagree that the utility maintenance road is an "apparent
violation," and request that Coastal Staff remove the above discussion fiom the Report
findings.
Sincerely,
*5 D. Larry C emens
Vice President' General Manager
cc: Deborah Lee
Bill Ponder
Mike Grim
Paul Klukas
Christopher Neils, Esq.
CoravrlDamm308.alk