Behold, a Development Battle With a Happy Ending
By
Ruarri Serpa , March 22, 2017
With land use issues so prevalent in North County, too frequent
is the focus on the developers versus residents: the apartment
building that threatens to overrun the neighborhood, or NIMBYs
who block a particular project.
Attorney
Everett Delano is certainly no stranger to that story, having
represented several resident groups in their fights against
developers.
But
Delano says that a settlement agreement reached between several
groups, and approved by the Carlsbad City Council earlier
this month, presents another, less told story that
when parties are willing to work together, a project can benefit
the residents, developers and the city.
So
often its a train wreck. Everyone wants to cover the
train wreck, Delano said. But if youre going
to cover the train wreck, then you have to cover the successes.
At
issue was a change Carlsbad made to its General Plan and Climate
Action Plan, to accommodate Poinsettia 61, a 123-home subdivision
on 51 acres in the Aviara neighborhood.
North
County Advocates represents a group of residents involved
in several lawsuits in North County, including one of the
latest against the city of Encinitas.
In
2015, NCA sued Carlsbad, saying the changes the city made
for Poinsettia 61 violated the citys Growth Management
Plan, which Delano says helps to make sure development
doesnt get ahead of other things, like parks and
fire stations.
The
parties, which also include the developer, Lennar Homes of
California, Preserve Calavera, Friends of Aviara, and Friends
of Buena Vista Reservoir, litigated the issue over the next
18 months.
In
January, they reached a tentative settlement, which included
retaining the Buena Vista Reservoir as a three-acre public
park, support for Poinsettia 61, setting aside six acres for
habitat preservation and completing a missing section of Poinsettia
Lane, with a wildlife corridor under the new bridge.
Delano
said that part of why the talks were successful was because
of the Growth Management Plan passed by voters. The Growth
Management Plan helped provide specific targets the city couldnt
look past when it amended its General Plan, Delano said.
The
larger driver behind the talks, Delano said, is that all the
parties were willing to make the project beneficial for all.
I
did not imagine over a dozen years ago, when proposals first
started coming in
that I would be looking at a project
that was this beneficial to the community, said Friends
of Aviaras DeAnn Weimer, who was a major opponent of
Carlsbads Measure A, the proposed luxury mall on the
Agua Hedionda Lagoon. Lennar should be commended.
Diane
Nygaard, with Preserve Calavera, said, it was hard to
believe 18 years ago, I would one day speak out in favor of
development, but here we are to do just that.
She
said housing projects can help preserve natural resources
when they are part of a package of changes that
aim to do so.
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