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HomeMy WebLinkAboutRP 88-03; Carlsbad Inn Tennis Courts; Redevelopment Permits (RP) (3)RESORTS International, Inc. October 21, 1988 Mr. Gary Wayne CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Drive Carlsbad, Ca 92009 OCT mi CSTV Of CARLSSAD RE: Carlsbad Inn Tennis Facility AT & SF Railway Right-of-Way City Planning Reference Site No. RP883 Dear Mr. Wayne: This letter is to inform you that we are withdrawing our application for the above-referenced project. Should you have any questions, please feel free to call. Thank you. Very truly yours, WINNERS CIRCLE RE^RTS INTERNATIONAL, INC. Howard D. Meacham Director of Development HDM:mc Post Office Box 4068 • Carlsbad, California 92008 • (619) 721-5333 • Fax (619) 721-5337 P.O.Box1099 • 311 South Tremont Street • Oceanside, California 92054 • Phone (619) 967-2828 W NORTH COUNTY TRANSiT >} ! ' ^> ^^^m^ NORTH SAM DSEGO COUNTY July 19, 1988 Nancy Rollman, Project Planner e^%> City of Carlsbad '% Planning Department 2075 Las Palmas Carlsbad, CA 92009 Dear Ms. Rollman: NCTD staff has reviewed project number RP 88-3 (Carlsbad Inn) and has made the following comments concerning the proposed project: 1. The project is located within a Transportation Corridor Zone in which NCTD intends to operate rail service starting in Fiscal Year 1991-1992. As part of this rail service, NCTD plans to operate a rail station within the City of Carlsbad. A preliminary study to determine the location of the Carlsbad Rail Station will be done this fiscal year. The approval of project number RP 88-3 will effectively eliminate this site from consideration as a site for the rail station. NCTD, therefore, believes that project number RP 88-3 is premature and should only be approved after VJI^ this site has been evaluated and rejected as a possible A A " / site for the Carlsbad Rail Station. 2. The NCTD rail service will require a fifty-foot (50') right- of-way. Project number RP 88-3 will leave a thrity-foot (30') right-of-way; therefore, a twenty-foot (20') right-of-way must be present on the opposite side of the railroad track from this proposed project. 3. NCTD staff would prefer that a minor change in the site plan be made. Staff feels that the six-foot (6') chain link fence separating the development from the railroad right-of-way is too small. Due to safety considerations, staff feels that a twelve-foot (12') chain-link fence should be erected to separate the development from the railroad tracks. Furthermore, in order to protect the users of the development from debris "kicked up" from passing trains, slats should be placed in the chain-link. O.Box 1099 • 311 South Tremont Street • Oceanside, Calitornia 92054 • Phon Ms. Nancy Rollman July 19, 1988 Page 2 If you have any questions or comments concerning NCTD's review of this project, please do not hesitate to contact me at (619) 967-2859. A schedule of NCTD services available to your community is enclosed. Serving the Public Interest, [ightower Assistant Transportation Planner Enclosure cc: Ann Kulchin JH:ie 4z • Costa Rea icipol Water Distric 5950 El Camino Real Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 June 14, 1988 Mr. Rod Imming West Coast Design, Inc. 2011 Palomar Airport Road, Suite 100 Carlsbad, California 92008 Subject: Carlsbad Inns Tennis Courts, West Side of A.T. & S.F. R/R R.O-W. between Oak & Pine Avenues CRMWD Project-No. 85-601.141 Dear Mr. Imming: In response to your letter of inquiry dated June 6, 1988 regarding the Water District's requirements for tEae subject project, the District has reviewed subject project and has the following conditions which will be required: 1. Developer shall perpare an improvement plan for District Engineer and City Fire Marshal approval. 2. Developer shall resolve all water needs for project such as fire, domestic and irrigational needs ajnd vehicular access to existing water syst«n. 3. Developer sball at his expense "potihole" existing 8" and 10" water lines to verify exact horizontal and vertical location and adequate coverage (F-G. to T.P.) and to insure no conflicts with new storm drain syst«n. 4. All existing water valve boxes shall be adjusted to new finish grade. 5. No structures or trees shall be placed within six feet (6') of water system. 6. Developer shall be required to pay for plan checking, processing and inspection expenses incurred by the District. r m ^ Page two r Rod Imming / June 14, 1988 ' /• Pistrict will require developer to enter into a hold harmless •'. .: f.pT-igigreement. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, F.CAferrfy/Whitley Engineering Supervisor FJW:sja cc: Nancy Rollman, City of Carlsbad, Land Use Planning Mike Smith, Fire Marshal KenrCriss, 4 Design CRMWD 85-601.141 ^"i:. Costa Real Municipal Water Distrbt ^vOT^B^ 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 July 12, 1988 To: City of Carlsbad Land Use Planning 2075 Las Palmas Drive Carlsbad, California 92009 Attn: Nancy Rollman Subj: RP 88-3, Carlsbad Inns Ltd., 3 tennis courts, parking & kiosk Westside R/R between Oak & Pine Avenues, CRMWD Project No. 85-C-141 The subject project has been reviewed by the District's Engineer- ing Department to determine the extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that affect project? (X) ( ) Are there existing facilities that will have to be reconstructed? (X) ( ) Are there new facilities that will have to be constructed? (X) ( ) Are there existing District agreements that have a financial impact on these projects? (X) ( ) We have the following specific recommendations: 1. The extire water system for subject project be evaluated in detail as assurance that adequate capacity for domestic land- scaping and fire flow demands are addressed. 2. The Developer's Engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 3. Attached is a letter sent to West Coast Design, Inc. on June 14, 1988 listing seven (7) District conditions that developer must meet and/or resolve. Please incorporate as part of condi- tions of approval. Page two Nancy Rollman July 12, 1988 Regarding fees and deposits: The developer will be responsible for the major facility charge which will be collected at time of issuance of building permit. Please contact the undersigned if you have any ques- tions regarding this project. Very truly yours, F. Jelyry Whitley EngineeriWg Supervisor FJW:sja cc: Mike Smith, Fire Marshal West Coast Design, Inc. 4 Design Jt 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT m43B JM (619) 438-1161 Citp of CarliB(&ab April 15, 1988 Carlsbad Inn, Ltd. 2110 So. Hill Oceanside, California 92054 The Planning Department of the City of Carlsbad has reviewed your Major Redevelopment Permit, application no. RP 88-3, as to its completeness for processing. The subject application is incomplete, as submitted. Attached is a list of information which must be provided to complete your application. You should be aware that no processing of your application can occur until it is determined to be complete. Please contact Nancy Rollman or Clyde Wickham, at (619) 438-1161, if you have questions or wish to obtain additional information. Sincerely, MICHAEL J. HOLZMILLER Planning Director RESORTS International, Ine. April 12, 1988 Mr. Chris Salomone Housing and Redevelopment Manager 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Dear Chris: We submitted our major development project application on March 25th to Nancy Rollman at the City of Carlsbad Planning Department. Several days thereafter I telephoned her to confirm her receipt of the complete package. She indicated that all required materials were submitted and that Clyde Wickersham of the City Engineering Department was reviewing the engineering plans. At that time, Nancy would not commit to when the staff report would be completed. Assuming we can obtain all necessary approvals, we are anxious to have the facility operational as soon as possible. scheduling possible . possible. I would appreciate your assisting us with the Design Review Board Hearing as soon as Please let me know what is the earliest date Thank you. Very truly yours, Howard D. Meacham Director of Development 1442 Camino Del Mar • Post Office Box 2089 • Del Mar, California 92014 • 619 / 755-7778 PLANNING DEPARTMENT Citp of Carlflfbab 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 December 10, 1987 Howard Meacham Carlsbad Inn, Ltd. P.O. Box 2089 Del Mar, CA 9201^ RE: RP 87-2 CARLSBAD INN TENNIS CLUB Dear Mr. Meacham: The six-month processing time for the above referenced application is over on January 18, 1988. Since revised plans have not yet been received, we need a 90-day time extension to process the application. I need to receive, in writing, your request for a 90-day time extension by Thursday, December 17, 1987. Otherwise, the project will be scheduled for Desiqn Review Board for a "denial without prejudice" which we do In cases where time runs out in processing a project (that action essentially turns the time clock back to zero). Please decide which action you would like to pursue. I need know by December 17th. If I don't hear from you by then, th project will be scheduled for the next available hearing as "denial without prejudice". Please call me if you have any questions. to Sincerely, 1. NANCY r: ROLLMAN Associate Planner NER:af 'Quality You Can Trust" K&K LAfc)RATOFMt-:s, INC. September 15, 1987 Design Review Board City of Carlsbad Housing & Redevelopment Department 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Re: Case File RP 87-2 Carlsbad Inn Tennis Club Dear Board Members: I am writing to express my concerns relating to the proposed redevelopment permit for the building of tennis courts and a clubhouse on the railroad right-of-way south of Elm Avenue. The sights, sounds, smells, and traffic of the industrial area on the east side of the railroad are buffered from the residential west side by the right-of-way. This is of benefit to the businesses that border this section of the railroad, insofar as we can avoid complaints and friction with the residents of the nearby neighborhood. It is not the particular land use of the proposed variance that is of importance to me, but that granting this permit will lead to further development along the west side of the right-of-way in a manner not compatible with preserving the buffer. Conceivably, the drainage ditch along the east side of the track could be filled and that side could also be open for development. My long range concern is that dwellings, any form of which would be incompatible with an industrial zone, would be built in the existing corridor. Eventually a situation could develop akin to the one in San Diego, in which people move into airport landing paths and proceed to organize and complain about the noise, even though they are newcomers who should have known about the pre- existing situation. The industrial area provides both jobs and services to the people of Carlsbad. I believe that both the businesses and residents adjacent to the railroad would be best served by resisting encroachments upon this valuable buffer. Thank you for your consideration. Since cc: Planning Commission Alex'^on'onchuk President 3305 TYLER STREET • CARLSBAD, CA 92008 (619) 434-6044 The Atchison, Topeka ana Santa Fe Railway Compan^ One Santa Fe Plaza, 5200 E. Sheila St., Los Angeles, CA 90040 213/267-5227 November 7, 1986 File: 11002023-26 Mr. Scot Leeger Construction Manager Carlsbad Inn, Ltd. 1442 Camino Del Mar Del Mar, CA 92014 Dear Mr. Leeger: Enclosed is Carlsbad Inn, Ltd,'s fully executed copy of Commercial Land Lease agreement covering use of a 65,800 sq.-ft. parcel of our right of way at Carlsbad, California as a site for construction of Lessee-owned improvements consisting of a clubhouse, tennis courts and vehicle parking. Please note, your Certificate of Insurance submitted in accordance with the requirements of Section No. 35 is designated to expire on March 22, 1987. Please arrange, when renewing your insurance, for subsequent Certificate of Insurance to cover a full one year period; and arrange for submission of such Certificate prior to expiration of your current Certificate, to assure continual insurance coverage. Any lapse in coverage would necessitate termination of your Lease. Thank you for your cooperation in this regard. If you have any questions, or need further assistance involving this subject matter, please contact Wayne Tyson at the above telephone number, citing the file number indicated above. Very truly yours, Q. W. Torpin, General Manager By INVI W. E. Tyson Contract Specialist A S*nf F» Southern Ptcifte Company October 3, 1986 RESORTS Iniernaiional, Inc. Mr. Hayne Tyson THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY 1 Santa Fe Plaza, 5200 E. Sheila St. Los Angeles, CA 90040 RE: Carlsbad Inn Tennis Club Property Lease File : 11002023-26 Dear Wayne: Enclosed is the rental agreement between the Carlsbad Inn Beach and Tennis Club and The Atchison Topeka Railroad. As you requested, we have enclosed the first month' s rent and a security deposit. Additionally, a copy of the required insurance is enclosed. Should you have any questions regarding this or should you need any other information, please feel free to call me at ( 61 9) 755-7778. Scot Leeger Construction Manager SL/ mc Enclosures 1442 Camino Del Mar • Post Office Box 2089 • Del Mar, California 92014 • 619/755-7778 STEPHEN M. L'HEUREUX ATTORNEY AT LAW POST OFFICE BOX 498 PACIFIC SAVINGS BUILDING Sto MISSION AVENUE. SUITE 20I OCEANSIDE. CALIFORNIA 92054 TELEPHONE l«l») 722 1306 December 2 1985 ^f"" December 2, 1985 INFORMATION Attorney John W. Dickersen, Jr. 1241 State Street San Diego, CA 92101 RE: Fishermen's Supply Center - Twin Inns Dear Mr. Dickersen: Having received no response from you to my letter of November 14, 1985, I am assuming that your client will in fact instruct SAFECO Title to execute the Abandonment of Sewer Line Easement as I outlined in that letter. Accordingly, please find for your review the original of that document along with a copy of the Encroachment Easement that has been sent to Mr. Burke for his signature. Please have the original Abandonment delivered directly to SAFECO for signature with the request that they then return it directly to me within the next ten days. Upon my receipt of the documents, I will hold then in trust pending completion of the work and acceptance by the City. Once the work is finished I will give you written notice and your client will there after have five days within which to object to the installation. If no objection is received within that time period, then I will authorize without further notice to record the Abandonment and Encroachment Easement. Because the City would like to have the work done as quickly as possible^ I would request that you expedite this matter. AlsO/ would you please sign a copy of this letter and return it to me evidencing your client's consent. As before, all costs incurred with this project will be borne by my client. Also, I would request formal permission to enter upon the property, if necessary, in order to actually connect the property to the new lateral that will be installed. Attorney John W. Dickersen, Jr. December 2, 1985 Page Two If you have any questions concerning any of these terms and conditions please contact me immediately. Very truly yours. Stephen M. L'Heureux SML:js Enclosures cc: Chris Salomone, Community Redevelopment Manager Marty Orenyak, Building and Planning Director Dan Hentschke, Assistant City Attorney Robert B. Burke The above referenced documents and terms as set forth are acceptable and T.I.L. is granted permission to, at its sole cost and expense, connect the property at 2906 Carlsbad Boulevard to the public sewer located at Grand Avenue. Further, T.I.L., its employees and workman are specifically granted permission to come on the property in order to connect the same to the sewer. Dated: ' John W, Dickersen, Jr, Attorney for Fishermen's Supply STEPHEN M. L'HEUREUX ATTORNEY AT LAW POST OFFICE BOX 4S8 PACIFIC SAVINGS BUILDING BIO MISSION AVENUE. SUITE 201 OCEANSIDE. CALIFORNIA 92054 TELEPHONE I«t9l 722 1306 July 24, 1985 Chris Salomone Community Redevelopment Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Fishermen's Supply Center Notice to Connect to Public Sewer Dear Chris: The purpose of this letter is to formally inquire as to the status of the Notice to Connect to Public Sewer that was sent by the City to Mr. Dye on April 25, 1985. In that letter, Mr. Dye was given 90 days from that date within which to connect to the sewer (to July 25, 198 5). It is my understanding that Mr. Dye has totally failed to respond to the request. As I have indicated to you on a number of occasions, the construction of the hotel at the Twin Inns may be delayed pending resolution of this matter. Therefore it is very critical that the City take immediate steps to either force Mr. Dye to connect, or to have it done. You have indicated to me that the City attorney feels it will be necessary to have formal council action on this matter. If that is still his position, I would request that the matter be brought to the Council immediately so that the appropriate procedures can be instituted and the lateral installed, and the easement abandoned. I would appreciate it if you would please give this matter your prompt attention. Please let me know at your earliest conve- nience as to how the City is going to proceed in light of Mr. Dye's failure to respond. Very truly yours. Stephen M. L'H^Afreux SML:ar cc: Robert Burke STEPHEN M. L'HEUREUX ATTORNEY AT LAW POST OFFICE BOX 458 PACIFIC SAVINGS BUILOING BIO MISSION AVENUE. SUITE 20I OCEANSIDE. CALIFORNIA 92054 TELEPHONE 16191 722 130« COPY FOR YOUR INFORMATI May 6, 1985 Attorney John W. Dickensen, Jr. 1241 State Street San Diego, California 92101 Re: Fisherman's Supply Center Carlsbad in Grand Avenue, Carlsbad, CA Dear Mr. Dickensen: I am the attorney for the Twin Inns which owns the real property adjacent to the Fisherman's Supply Center in Carlsbad, California. I have received a copy a Notice to Connect to Public Sewer dated April 25, 1985 from Mr. Marty Bouman, Acting City Engineer which was sent to your client, Eric Dye. For your information, I am enclosing a copy of this Notice. After discussing this matter with my clients, they are willing to pay all costs necessary to connect Fisherman's Supply Center to the public sewer in accordance with the terms of the Notice in return for your client abandoning the sewer easement that currently exists over the Twin Inns property,once the connec- tion has been completed. Additionally, the existing Fisherman's Supply building encroaches on to my client's property, and they are willing to adjust this problem at the same time. I would therefor appreciate it if you would discuss this offer with your client. If it is acceptable, then I will have my client take the steps required in order to connect the Fisherman's Supply Center building to the public sewer, and will prepare the documents necessary to abandon the easement and eliminate the encroachment. I believe that the above offer will quickly resolve everyone's problem and ensure your client's compliance with the requirements of the City. Thank you for your assistance. Very truly yours. Stephen M. L'Heureux SML:ar cc: Marty Bouman Chris Salomone Robert Burke STEPHEN M. L'HEUREUX ATTORNEY AT LAW POST OFFICE BOX 458 PACIFIC SAVINGS BUILDING 810 MISSION AVENUE. SUITE 201 OCEANSIDE. CALIFORNIA 92054 TELEPHONE («l») 722-1306 March 28, 1985 Mr. Chris Salomone Community Redevelopment Manager City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 Re: Fishermen's Supply Dear Chris: Enclosed for your file is a copy of the actual Grant of Easement and also a copy of the Corporation Grant Deed from Fishermen's Supply to Security Title (now Safeco). Apparently Safeco is the legal title holder of the property under a private trust agreement with Fishermen's Supply. If the City is in fact going to initiate proceedings to require Fishermen's to connect to the public sewer in Grand/ I would appreciate it if you would please keep me informed so that we can coordinate our efforts. It would be very helpful if a final decision could be made within the next week, as I do not wish to proceed with any action against Fishermen's if the City is going to be proceeding on their own. Please keep me advised. Very truly yours, STEPHEN M. L''HEUREUX SML/ck Enclosures (2) cc: T.I.L. LTD. DEVELOPMENTAL SERVICES BUILDING DEPARTMENT Citp of CarlSbab 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5525 December 11, 19 84 John Hiramoto County Health Officer 2906 CARLSBAD BOULEVARD Please go by the Fisherman's Hut again. The Owner has opened up the system and there is a definite problem. Can you go by again and run a dye test. I think you can readily see the flow goes into nowhere. Let ne know. Thanks. ( TONY AATA / TM:hmj COUNTY OF SAN DIEGO DEPARTMENT OF HEALTH SERVICES |r- 1700 Pacific Highway, San Diego, CA 92101 JAMES A. FORDE, Director DIVISION OF ENVIRONMENTAL HEALTH PROTECTION (619) 236-2243 November 26, 1984 Tony Mata Building Inspector City of Carlsbad Building Dept. 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Mata: This letter is in response to your referral of a suspected sewage problem on the Twin Inns Restaurant property at 2978 Carlsbad Boulevard, Carlsbad. On September 21, 1984 I investigated and found a small amount of liquid seeping from the old concrete foundation behind the work shed. The toilet in the Fisherman's Supply building was dyed and no dye appeared on the ground. The toilet at the chiropractic office at 2924 Carlsbad Boulevard was also dyed and rechecked on September 25. No evidence of dye on the ground was observed. On November 1, 1984 I dyed the toilets in the Twin Inns Restaurant. On the November 2 recheck no evidence of dye was found. The Fisherman's Supply toilet was dyed again and a follow-up on November 5 revealed no dye on the ground. Since no sewage effluent has been observed surfacing on the ground, no action can be taken by this department. If you would like to discuss this matter further, please feel free to contact me at 758-6735, or Larry Conly, Supervisor, at 236-2243. Very truly yours, JOHN HIRAMOTO, Sanitarian Division of Environmental Health Protection JHidmc cc: L. Conly ' CiTYC •'•-SBAD - ^^?^ftment OCTOBER 23, 1984 TO: MARTY FROM: Tony Mata 2906 GRAND - FISHERMAN'S WHARF Met with Bob Burke at Twin Inns. He showed us (myself and Louie Montanez) the problem area. I recommend we inform the people at the Fisher' man's Wharf to make arrangements to connect to main City sewer system. The Health Officer will also be informed of problem. He evidently did not see any problem because the dye did not show-up at the problem area. Louie says his eight-tablet dye test also did not show up but in some case it never shows. Louie says there is a definite problem, TM:hmj DEVELOPMENTAL SERVICES BUILDING DEPARTM Em Citp of CarlSbab 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5525 October 23, 1984 County Health Officer 2 906 'S-RAltD - FISHERMAN'S WHARF Dear John; Please see me about the sewer problem at 2906 Grand - Fisherman's Wharf building. I checked it out and there is a problem. We would like to have them hook-up to the City's raain sewer system. There is a main line on Grand Avenue. Thank s TONY /MAT; Senior Building Inspector TM:hmj OCTOBER 23, 1984 TO : ' |-MARTY FROM: • Tony Mata 2906 GRAND - FISHERMAN'S WHARF Met with Bob Burke at Twin Inns. He showed us (myself and Louie Montanez) the problem area. I recommend we inform the people at the Fisher- man's Wharf to make arrangements to connect to main City sewer system. The Health Officer will also be informed of problem. He evidently did not see any problem because the dye did not show-up at the problem area. Louie says his eight-tablet dye test also did not show up but in some case it never shows. Louie says there is a definite problem, TM:hmj KENNETH E. REED Attorney At Law 4210 BONITA DRIVE OCEANSIDE, CALIFORNIA 92056 TELEPHONE: (819)758-3806 August 29, 1 OOPY Mr. John W. Dickerson, Jr. Attomey at Law 1241 State Street San Diego, Califomia 92101 Re: Your client: Fishermen's Supply Center Dear Mr. Dickerson: Please be advised that the undersigned represents the Twin Inns of Carlsbad. I am in receipt of your letter to Mr. John P. Landry, dated April 5, 1984, and a copy of your letter to Mr. Chris Salomone, the Director of the Carlsbad Redevelopment Agency, dated April 24, 1984. Since receipt of those letters, I have recently contacted Mr. Salomone v^o informed me that he has discussed this matter at length with the Sewer Department of the City of Carlsbad. I'Jhile there was some confusion as to just v^ere your client. Fishermen's Supply, is hooked up to the city sewer lines, that question has since been resolved. At present, your client is not hooked up to any of the Carlsbad City sewer lines. Your client's sewage is being leeched directly into iry client's property. The sewer easement your client holds to connect with the sewer on Washington Street was either never installed or is in such a state of repair that it is not functioning. In iry discussions with Mr. Salomone, he has indicated that the city would be more than willing to have your client hook up to the sewer line on Grand Avenue, vdiich is a very short distance from your client's property. This would seem to be the obvious solution for your client, since it would be far less expensive to do that than it would be to run a sewer line along his easement to Washington Street. COPY COPY Mr. John W. Dickerson PAGE 2 August 29, 1984 In any case, the continued leeching of your client's sewage onto the Twin Inns property is a situation vdiich is not desirable from iry client's point of view, and it is intolerable from the City's point of view. Also, I am advised by Mr. Landry that v*ien the property was surveyed, your client's building was found to encroach on ir^ client's propeirty. I would suggest that i±e best v/ay to clean this matter up would be for client to grant to your client an easenent or Right of Encroachment, and that your client release whatever rights he may have still remaining in the old sewer easenent to Washington Street. In this way, the title of our respective client's property can be cleaned up. If we can be of any assistance in resolving the hook-up of your client's sewer system to iJie sewer line on Grand Avenue, please do not hesitate to contact us. However, this matter is of some urgency, and I would request that you and your client give it your imnediate attention. Thank you for your cooperation in this matter. Kindest regards. Sincerely, KER sr KENNETH E. REED CC - Mr. Chris W. Salamone - Mr. Robert B. Burke COPY LAW OFFICES ;OHN W. DICKERSON, JR. ATTORNEY AT LAW 1241 STATE STREET SAN DIEGO. CALIFORNIA 92101 TELEPHONE (714) 234-3124 April 24, 1984 "--.-il*::^.-- ^ ' REFER TO FILE NO., Mr. Chris Salomone Community Redevelopment Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Sewer Easement Owned by Fishermen's Supply Center; RP 84-1-TWIN INNS Dear Mr. Salomone: This office represents Fishermen's Supply Center, located at the corner of Carlsbad and Grand Avenues, which owns a sewer easement that traverses the Twin Inns' property in an easterly direction and is supposed to be connected to the City sewer line on Washington Street. As you know, the Twin Inns' property is the site of a redevelopment project which bears the City's number RP 84-1-TWIN INNS. It is my understanding that final approval of the above- referenced project is conditioned, amoung other things, on resolution of the sewer easement issue discussed at the Design Review Board hearing held on February 27, 1984. Since that date, I have corresponded with Roger Greer of your Utilities and Maintenance Department. Mr. Greer caused the City to conduct dye tests to determine whether or not Fishermen's Supply Center was hooked to Grand Avenue or whether it was connected to the sewer line on Washington Street. According to Mr. Greer, the tests resulted in the conclusion that my client's building was not connected to the lateral on Grand Avenue, contrary to assertions made to the City at the above-referenced Design Review Board hearing by John P. Landry, who I understand is the architect for the DHW Ltd. (Twin Inns') project. At the hearing on February 27, 1984, Mr. Landry further represented to the Board that the sewer easement problem had been investigated by a project surveyor resulting in the conclusion that the sewer easement to Washington Street had been abandoned by my client. My client and Dr. Harold Jensen refuted that assertion at the meeting. At the present time, it appears that my client has been using its easement rights over the Twin Inns' property. I have been in contact with John Landry and he has indicated to me that DHW Ltd. Mr. Chris Salomo m m April 24, 1984 Page 2 now awaits my client's proposal for resolution of the sewer easement problem so that the condition to final approval of the DHW project can be obtained from the appropriate authorities of the City of Carlsbad. The purpose of this letter is to reiterate my client's position of attempting to insure the protection and preservation of its private easement rights from transgressions by DHW Ltd. or others, and to inform you and other appropriate parties of the current status of this matter. My client's position was originally related to Paul Bussey, City Manager, on December 12, 1977, and acknowledged in writing by his letter to me dated December 14, 1977, copies of which were apparently circulated to your Building, Engineering and Planning Departments, as well as to the Office of the City Attorney of Carlsbad. My client continues to respectfully request that the Twin Inns' project not receive final approval from the City of Carlsbad until such time as the sewer easement problem described above has been resolved. Unless I am informed differently by you or another official on behalf of the City of Carlsbad, I will assume that resolution of the sewer problem will continue to be a condition to final approval of the project by the City. It is our expectation that this sewer problem can be resolved in a manner that is acceptable to all concerned parties within a relatively short period in the future. I will attempt to keep you informed of the progress of this matter. If you have any questions, please contact me. Sincerely, /4 IN W. DICKERSON, (J^f. JWD:frs cc: Eric Dye, President of Fishermen's Supply Center Roger Greer, Director of Utilities and Maintenance Marty Orenyak, Building and Planning Director Ron Beckman, City Engineer Michael Holzmiller, Land Use Planning Manager Larry Wiley, Utility Superintendent Mike Brooks, Housing and Redevelopment Director Frank Alshire, City Manager Ken Reed, Esq. John P. Landry, John P. Landry and Associates Richard Van Derheyden, Director of La Jolla Bank and Trust's Real Estate Services Division Office of the City Manager ^ 1200 ELM AVENUE Ll » A TELEPHONE: CARLSBAD. CALIFORNIA 92008 f d (714)729-1181 Citp of Carls&ab December 14, 1977 John W. Dickerson, Jr. Attorney at Law Green & Greenman 1241 State Street San Diego, California 92101 Your letter dated December 8, 1977 relative to an easement for sewer line purposes owned by your client. Fishermen's Supply Center, has been received. Your letter indicated that this easement crosses land owned by Mr. Edward G. Kentner or the Twin Inns located at 2978 Carlsbad Boulevard, Carlsbad, California. Copies of your letter have been distributed to our Building, Engineering and Planning Departments for their files. PAUL D.' BuSSEY^ City Manager PDB:ldg cc: Building Engineering Planning City•Attorney GARY K. GRCEN KENNETH L. GREtNMAN. jR. JOHN W. DiCKtRSON. JR. LAW OFFICES GREEN & GUEENMAN A PHOf thSIONAL LAW CO«rO«AT10N 1241 STATE STREET SAN DIEGO. CALIFORNIA 92101 December 8, 19 7 7 AREA CODE 7M TELEPHONE 239-1261 DEC • 197/ Mr. Paul D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Bussey: As you may recall from my recent appearance at a Carlsbad City Council meeting, this firm represents Fishermen's Supply Center, Inc. which owns the fishing supply store located at 2906 Carlsbad Boulevard, Carlsbad, California. For approximately a year and a half, my client has attempted to obtain an off-sale beer and wine permit from the Alcoholic Beverage Control Board for the sale of beer knd wine from the aoove location for consumption off premises. My recent appearance at the City Council meeting was related to those attempts. Thank you and the ccuncil for your con- sideration at that meeting. It appears that we are very close to succeeding in our attempts to obtain that permit. The re^il purpose of this letter is to tell you that my client owns an. easemc^nt for sewer line purposes which penetrates and crosses land owned by Mr. Edward G. Kentner or the Twin Inns located at 2978 Carlsbad Boulevard, Carlsbad, California. That easement is depicted a.s a red line on the map which I have enclosed for your information. Mr. Kentner of the Twin Inns is the person who requested that the City • Council protest the issuance of the ABC license to my client. Mr. Kentner stated in his letter to the Council requesting that they protest the issuance of the license and in his protest filed with the ABC that his ground for objecting and for asking the Council to object to the issuance of the license was related to Lhe aggravation of a parking problem in the area of my client's business. That may have been his true motive for protesting. However, during the time we have been attempting to obtain the aforementioned license, I was informed by an attorney who indicated that he represented Mr. Kentner that Mr. Kentner might be in a position to either withdraw his protest or provide my client with some off-street Mr. Paul December Page T^vo D. 8, Bussey 1977 parking if my client was v/illing to relinquish the easement across Mr. Kentner's property so that Mr. Kentner or the Twin Inns could obtain building or other permits to build apartments or some other improvement on the land which currently is crossed by the easement. Apparently, the easement prevents .Mr. Kentner from obtaining the permits necessary to complete the proposed improvement. Since my protest and has easement to Mr. Mr. Kentner may my client's eas Hopefully, that to have somethi position. I wo notify me or my to obtain any k client's easeme client has successfully defeated Mr. Kentner's not agreed to relinquish the aforementioned Kentner or the Twin Inns, we are afraid that attempt to build his proposed improvement over ement in violation of my client's rights, will not occur. However, my client does want ng in writing in your files indicating its uid appreciate it very much if you would either client if Mr." Kentner or the Twin Inns attempts ind of permit to build a.n improvement over my nt. matter. Thank you for your courtesy and cooperation in this Sincerely, GREEN & GREENMAN JWD:gl ENC cc: Mr. Ralph S. Plender Mr. Eric Dye JOHN W. DICKERSON, JR Attorney at Law 1200 ELM AVENUE CARLSBAD, CALfFORNIA 92008 1^ TELEPHONE: (714) 729-1181 Citp of Carl^bab June 4, 1976 Mr. Edward G. Ketner TWIN INNS 2978 Carlsbad Blvd. Carlsbad, CA 92008 Subject: BUSINESS LICENSE FOR RETAIL STORE DOING BUSINESS AS nSHIRMAlj' s SUPPLY CENTER, CARLSBAD BOULEVARD AND GRAND AVENUE Dear Mr. Ketner: Recently, the Planning Department informed the City Clerk that a business license should not be issued for the subject site based on the fact that parking was insufficient for the intensity of the use. However, upon further review, we have found that a business license was issued by the City in 1974. At that time, the City determined that the subject use would not be more intensive than the previous uses and therefore no additional parking would be required. Even though Staff would possibly not make that same deter- mination today, we will abide by that original decision in 1974. The Applicant has kept the license active by annual renewal; therefore, the City now considers the use to be lawfully nonconforming and it may continue to exist providing the use is not expanded or discontinued. Si ncerely yours, Ralph (Bud) Plender ASSISTANT PLANNING DIRECTOR CC: City Manager City Clerk Eu il d i n g Dept. BP:cpl 1200 ELM AVENUE 920C CARLSBAD, CALIFORNIA 92008 I i>t-tW J/ I (714)^9°'l81 Citp of Carl^sbab June 4, 1976 Fisherman's Supply Center 2906 Carlsbad Blvd. Carlsbad, CA 92008 Subject: STATUS OF BUSINESS LICENSE Gentlemen: As you know, the City has been concerned about the status of a business license for the Fisherman's Supply Center, 2906 Carlsbad Blvd., Carlsbad. Upon review of our records, we have noted that the business has had a valid license. The license was issued in 1974 based on an interpretation that additional parking was not needed for that type of business. Even though rhe City would possibly noVmake that same interpretation today, we do consider the busi- ness license valid and it is considered a lawfully noncon- forming business. It may continue provided there is no further expansion of the business -in either area or i ntens i ty. If there are questions on this matter, please feel free to contact me. Sincerely yours Ralph (Bud) Plender ASSISTANT PLANNING DIRECTOR CC: City Clerk '-^dg. Dept. City Manager BPicpl MEMORANDU.M December 29,_1975 TO: CITY CLERK , . FROM: ASSISTANT PLANNING DIRECTOR SUBJECT: BUSINESS LICENSE AT 2906 CARLSBAD BLVD., S.E. CORNER CARLSBAD BLVD. ANO GRAND An application for off-sale beer and wine is being requested for the property noted above. The existing building is nonconforming because of insufficient parking. Previously the building has been used as an office.. Parking requirements are greater for the requested retail use than the'original office use. Therefore business license for any retail use cannot bejjs^ed.until the property meets parking requirements of one on-site space for each 300 sq. ft. of gross building area. Also, the City should officially protest the request for alcoholic beverage license based on the nonconformity of the building. 8JI f^A^ Bud Plender - E C £ f V j,' BP/vb cc: Buildinq Department City Manager Bill Baldwin 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 l^l^^I^^ 13 TELEPHONE- (714) 729-1181 €itp of Carte&ab January 16, 1974 R. K. Williams Williams Realty Co. 1135 Garnet Ave., Suite U San Diego, Ca. 92109 Letter of January 14, 1974 Dear bi^v The property at 29DO I ^-^^L J r^, . zonea r-2..?«en'eral Commercial)' '?h«'''--j'' presently ^•!e property is for professional lfh'''''^V"^ of parking requirement of one oa^k na cn^^ * ft. of gross floor area 7L? oi 400 sq, use could occup^the building i^sa^•]^'^^'^^ '^"^ °ther a;-ea) and could occupj She'sUcture.- °^ ^''^^ to cont'rcrthis'of??^?"''' '•""t^-o"^. feel free Vours truly, ASSOCIATE PLANWER and WILLIAMS RMLTY COMPANY ^^CHANOES 1135 GARNET AVENUE . SUITE U - ,714, (714) 488.0573 SAN DIEGO . CALIFORNIA 92109 January lit, 1974 ilr. Paui A. ./iiliams City of Carl£;bad Planning Dc->artruont i200 Zlm Avenue Carlsbad, Califomia Dear J-'UT. Wiliiar::ss icr// -c'^'-.Mn! ^^-"^'^^^^^ Phono convorsatlon of January i..-Dad uou.ovard, which is no;, occuplod by Tho Cariabad Journal, "^^^^^^i^: confirn^acion that this ty.e busino.c .:ould bo I cartainly a..i>rociato your holj> and cooporatioa in this; n-^tter. Vory truly yourc. Randall K, WilUaras