On Wednesday, March 13, at 6 pm, the Encinitas City Council will hear an appeal of the November 1, 2012 Planning Commission decision to reject a 17-lot Density Bonus project in Olivenhain on Desert Rose Way.
The Planning Commission denied the developers plan to convert Dana Rullo Stables, a 7-acre equestrian boarding and riding facility, into a high-density housing project. The Planning Commission, in a vote of 3 to 2, found this proposal unsafe, unsuited for the lot they wish to develop, and inconsistent with Olivenhain's community character and the City's General Plan.
In a rural area currently zoned for lots with a minimum of half-acre per housing unit, the proposal under consideration has 10- ft. front setbacks, 5- ft. side setbacks, and substandard private roads with reduced parking. This project, as presented, would be enclosed on 2 sides by an 8-foot-high, solid firewall. The walled-project would provide a single drivable exit for evacuation in the event of fire. The proposed secondary fire escape route is a dirt footpath over a creek and through the adjacent Carlsbad Open Space.
More than 40 mature trees, including Torrey Pines, would be destroyed if the Planning Commission decision is overturned, and applicants have threatened that they will not clean up the wetlands on the northern and eastern boundaries of the property unless they are granted waivers including smaller-than-usual lots, narrow private roads, the fire wall, reduced set back requirements, and a reduced wetland buffer. They have threatened litigation if the project is not approved. While claiming to be environmentalists, the developers/property owners were cited with wetland violations that may have contributed to the poor condition of the wetlands.
We believe that the City Council Should uphold the Planning Commission's decision and that reversing that decision and approving the project will set a far-reaching precedent which threatens all of Olivenhain with similar high-density projects. Please join members of Save Desert Rose at the City Council meeting next Wednesday at 6 pm, and support our shared concern for protection our community character and of irreplaceable resource.
- Julie Graboi
Hmmmm..... I didn't read one supporting comment from Olivenhain when all the density bonus was being slammed in Leucadia and Encinitas. Now they expect other area residents to help out?
ReplyDeleteWTH- Why don't you ever speak up against the Density Bonus in other parts of Town? Now your call to action only seems self serving.
This is a fair comment. Most in Olivenhain have not been as active as we should have been previously. This is because we didn't know what was happening until our neighborhood was invaded, too.
DeleteThis project has changed all of that. Olivenhain citizens have become aware of what is happening to every community, and we understand that the Desert Rose issue is important to the future of all 5 communities since if they can get away with this here, they can get away with worse projects in other areas with less favorable zoning.
Many of us campaigned for the new council members who pledged to respect community character, and we support this idea for all 5 communities--not just our own.
I agree with the above blog - It's about time Olivenhain get some of our required housing density. IF YOU DON'T LIKE IT - BUY IT!
ReplyDeleteIs it actually true that the housing density that they claim is 'required?' Citizens from all 5 communities signed the Right to Vote Initiative to try to restore the authority of the General Plan that the City has ammended for these types of projects.
DeleteI say that there should not be any more high density projects in any of the 5 communitites unless citizens decide that there is a public benefit and vote to ammend the General Plan.
You don't have a say in whether its density bonus or not. that is state law. We need focus with the League of California Cities and get that repealed.
DeleteThe only thing we can change is upzoning our own land use zonings. Knowing that whatever we say can be built. there is the state law which says the developers have the RIGHT to build up to 30% increase in density.
Desert Rose and all of Encinitas are screwed until the law is changed.
Council's hands are tied. I hate to say it, but Council needs to approved this , or we will lose millions in the following lawsuite. Its that simple.
Council needs to focus on getting the density bonus law repealed. What's the status on that?
Anon 9:20 is telling us that if we don't like their plans that we should 'buy it.' There were many developers in Olivenhain and other parts of Encinitas who scratched their heads in bewilderment when developers bought the property for $4.165 million at the height of the housing bubble.
DeleteNow developers are claiming with their string of lawsuits for breach of contract and other serious issues, and their mounting unpaid tax bills, that they paid 6 million dollars for the property. As usual,these developers, like others, want others to pay for their bad business decisions.
In response to Anon 6:25, yes, the Council DOES have a say in this issue and they should shoot it down. Nobody is discussing the responsibilities that the developers have not upheld.
DeleteAnon claims that they can have a 30% increase, and these developers are going for a 100% increase--doubling it from the 8 that it is zoned for. These favors that they are asking for ares supposed to be for some public good like providing low income housing, but since they will be tearing down the existing 1080 square foot unit that has been occupied by a wonderful family who has cared for the horses for the past 20 years, the State law that they threaten us with is being abused since they are proposing replacing the existing unit with a single house that will sell for $600,000. How is that a benefit to the community?
As mentioned previously, they have also violated environmental laws, and their record speaks for itself.
Beyond these issues, the project is dangerous! It is next to a high fire zone with a single drivable escape route. The secondary exit, in addition to being a foot path, is next to the drivable escape, so if there is a fire at the mouth of the project, all of the people will be trapped inside.
What kind of people would propose this type of project? What kind of attorney would support it?
The Council is responsible for the safety of its citizens now that these issues have been brought forth. Fortuately, the Densiy Bonus Law does not force them to approve dangerous plans. Encinitas Council, do the right thing!
If Mario is for it, I'm agin it.
ReplyDeleteMarco Gonzales from the Coast Law Group, which is a pro-environment law firm, said it's legal and that it will improve our habitat and wetlands within this area. If I'm wrong, please let me know and I'll be happy to provide the video link.
ReplyDeleteNobody is disputing the poor condition of the wetlands on the property. As a prominent member of the environmental community, Marco is aware that there are agencies such as The Escondido Creek Conservancy and others that would come into the area and clean it up for free with volunteers. Federal grants are even available to donate native plant materials for this type of project.
DeleteIn the 8 years that developers have had control of the property, they did nothing to correct the problem until they were cited for grading violations and other violations in the wetlands.
You may see their wetland violation notices at www.savedesertrose.com. We invite everyone to visit the site and read the violations!
Where we disagree is with Marco and Scott Vurbeff's threats that if developers are not given 25' setbacks instead of 50' setbacks that they will not clean up the wetlands. They HAVE to clean up the property because they have been cited for violations, and why should they be rewarded for illegal behavior?
You mean Marco Gonzalez the high density attorney who threaten to sue the city and who I believe was a donor to Mayor Barth's campaign right.
DeleteNIMOBY ALERT! NIMOBY ALERT! NIMOBY ALERT!
ReplyDeleteNot In My "OLIVENHAIN" Back Yard!
If you support our environment, you'll support this project.
IT'S THAT SIMPLE!!!
We are all NIMBY's whether we live in Leucadia, Encinitas, Cardiff, or Olivenhain. Who else is going to fight to protect our own communitites?
DeleteNIMBY really means, "Next It Might Be You!"
good one!!
DeleteYou don't have a say in whether its density bonus or not. that is state law. We need focus with the League of California Cities and get that repealed.
ReplyDeleteThe only thing we can change is upzoning our own land use zonings. Knowing that whatever we say can be built. there is the state law which says the developers have the RIGHT to build up to 30% increase in density.
Desert Rose and all of Encinitas are screwed until the law is changed.
Council's hands are tied. I hate to say it, but Council needs to approved this , or we will lose millions in the following lawsuite. Its that simple.
Council needs to focus on getting the density bonus law repealed. What's the status on that?
The Planning Commission already rejected this! They absolutely have a say, and the answer is to vote it down and uphold the recommendation of the Planning Commission.
DeleteAlso, do a performance review of the planners involved in this project since the information that they are giving Council is flawed.
+1
DeleteIt's not about Density bonuses or whatnot. It's about huge salaries and pensions that need to be paid for with tax dollars. If giant subdivision pays those bills, whether those subdivisions are 4 units or 400, they will be approved.
ReplyDeleteGet rid of hundred thousand dollars plus salaries and pensions and you can tell these developers to blow it out their ass.
Until you rid the city of govt teet sucking leeches, you will always have this problem.
The Council should be aware that they might be opening themselves up to other issues if they approve this issue.
ReplyDeleteThere is ample substantial evidence that has been presented by Save Desert Rose--enough to already push it to an EIR, but we think it should be thrown out like the Planning Commission recommended.
So Muir has recused himself from this vote b/c he had a hand in the poor fire planning with this project. Is it fair to assume that with a 2/2 split vote that the planning commission decision stands? I believe that this was an *appeal* to over-ride the planning commission.
ReplyDeleteYou are correct. The Planning Commission voted this project down. The Planning Department is going against the Planning Commission, which is very unusual. If the Council votes 2/2, then the Planning Commission's recommendation will stand.
DeleteNo: the Planning Commission decision was overturned when city attorney Glenn Sabine bizarrely counted Shaffer's abstention as a "yes."
DeleteAccording to Sabine, Robert's Rules of Order are merely "guidelines" that, while usually followed, he would not use for this vote. No one on the council challenged him....
The council's hands weren't tied. There was plenty of evidence to deny the appeal based on environmental, public health, safety. Council, and especially Gaspar, used the same old tired excuses previous councils used - scary lawsuit and "I'm upholding the law.
ReplyDeleteUnspoken words from the council to the all residents of Encinitas - we don't care about your safety, we don't care about the environment.