sued over Quarry Creek project
Thor Kamban Biberman,
May 10, 2013
lawsuit has been filed in Superior Court in Vista against
the city of Carlsbad over its City Councils approval
of the planned 656-unit residential portion of the Quarry
Creek development adjacent to Oceanside's city limits.
citizens group known as Preserve Calavera alleges the
Carlsbad City Council should not have approved the Corky McMillin
Cos. roughly 160-acre development last month because it didnt
consider possible impacts to area traffic, to Buena Vista
Creek and other water sources, and other issues. The complaint
also cited the possible impact to the Marron-Hayes Adobe,
which is in a separate ownership but is surrounded by the
development, along the south side of state Route 78 west of
College Boulevard, is adjacent to the 380,000-square-foot
Quarry Creek Shopping Center that McMillin built years ago.
This development calls for a mix of product types that would
be predominantly multifamily units.
Galarneau, a McMillin senior vice president, said if there
were single-family units, they would have very small
60 percent of the site would remain in permanent open space.
said if all goes as McMillin would hope, grading would begin
early next year, with the first units becoming available around
the third quarter of 2015.
the largest bone of contention is over McMillins decision
to develop on a 56-acre portion of the property known as "the
panhandle that, while having roads and trails, is otherwise
undisturbed. Much of the rest of the property was heavily
DeLano, an Escondido attorney with DeLano and DeLano, who
represents Preserve Calavera, said there are numerous problems
with placing much of the development on the panhandle, including
its proximity to water sources and traffic.
bit of traffic dumps onto Oceanside roads, DeLano said.
There are no Carlsbad roads that service this project.
who said the project that the City Council approved
is a very balanced one, said McMillin plans to spend
millions of dollars to mitigate traffic impacts below a level
not only coordinated our traffic plans with Carlsbad, but
with Oceanside as well, Galarneau said.
will mean improvements to the intersections of Lake and College
boulevards, Plaza Drive and College Boulevard, as well as
an electronic speed sign on College Boulevard in the vicinity
of the project.
also making a cash payment for improvements to the Vista Way
and College Boulevard intersection, Galarneau added.
who may be best known for his battles against the Gregory
Canyon Landfill, contends another issue is due to the fact
that the nearest fire station to the project is not in Carlsbad
but in Oceanside, and you cant just expect Oceanside
to pick up the slack.
said there are reciprocating agreements between cities on
fire protection, and even if there werent and the Oceanside
station wasnt there, the community would still be adequately
Nygaard, Preserve Calavera president, who concedes that not
having any development on the property would be a dream
come true, said she might have been satisfied with even
a high density development if those units were clustered off
you reduced the footprint of the development, you could get
more per acre, but this land was originally only zoned for
293 units, Nygaard said.
said a revised housing element pushed the working figure to
about 500 units within the past couple of years. The Carlsbad
Planning Commission later approved zoning for a 600-unit plan
that McMillin pushed up to 656 units, telling the city it
needed that number to make a sufficiently profitable return.
That was the figure approved by the Carlsbad City Council
for the Marron-Hayes Adobe, which is still occupied, San Diegos
Save Our Heritage Organisation listed that property as one
of its most endangered developments due to the specter of
the Quarry Creek project.
countered that because of the way Quarry Creek project will
be situated, the development wont even be seen from
said impacts to the El Salto waterfall on the land, which
is a Native American sacred site that dates back 9,000 years,
must also be considered.
was in the process of being served with the complaint Friday
and said it needed more time to digest its contents.