Also serving the communities of De Luz, Rainbow, Camp Pendleton, Pala and Pauma

Planning Commission approves Sandia Creek Drive gates

The county's Planning Commission upheld the granting of an Administrative Permit for gates on Sandia Creek Drive.

The motion to uphold the approval of acting Department of Planning and Development Services Director Kathleen Flannery passed on a 4-1 vote June 11. Doug Barnhart, Yolanda Calvo, Michael Edwards, and Ginger Hitzke voted to uphold Flannery's decision. Thomas Hough voted against the motion. Ron Ashman abstained. David Pallinger had a conflict and did not participate in the hearing.

The private portion of Sandia Creek Drive is approximately 2.2 miles. Residents of Sandia Creek Drive and Sandia Creek Terrace requested gates to limit access to the private road portion of Sandia Creek Drive to residents and invited guests.

One gate will be just north of Rock Mountain Drive. The other gate will be north of the end of the public road. The gates will be complemented by three turnarounds: one near the beginning of the private portion, one just south of the gate by Rock Mountain Drive, and one just north of the gate by Rock Mountain Drive.

The gate system will have two swing gates. Solar panels will allow for battery backup in case electrical power is lost. The gate will be no more than 12 feet high. The gates and turnarounds will be complemented by signage notifying motorists that the private section is closed to through traffic. The signage will also inform southbound motorists entering from the Riverside County portion of the road, which is a public road.

Opposition to the gate project was from two sources: Sandia Creek Drive residents concerned about the gate and turnaround locations being by if not actually on their property, and residents of Rock Mountain and DeLuz Heights for whom Sandia Creek Drive is the legitimate route to Temecula – and an evacuation route if needed – rather than a shortcut.

Because the gate project did not have the unanimous consent of the property owners, an Administrative Permit is required for its installation. The Fallbrook Community Planning Group voted 12-2 Jan. 18 (one planning group member recused himself due to a potential conflict of interest) to recommend approval of the Administrative Permit.

On March 2, Flannery approved the Administrative Permit. Two separate appeals were filed. One of those had 10 names; six of those live within 300 feet of one of the gates while four live in the Rock Mountain area.

The other appeal was from Permanent Road Division Zone No. 20, which provides road repair for 19.4 miles of road in DeLuz along with maintenance of nine street lights; because the PRD zone does not have the authority to file an appeal that appeal was in the name of PRD Zone No. 20 advisory committee chair Shaunna Jengo. On May 14, the Planning Commission rejected the option which would have allowed those not within 300 feet of the proposed gates to have official appellant status.

Anyone not allowed to be an official appellant was still allowed to speak during the public comment period, although he or she was subject to a time limit. Jengo was placed on hold for the June 11 virtual meeting, although she was not called upon to speak.

The Planning Commission can place conditions on a discretionary permit, so the permit for the gate could have been conditioned to guarantee access for DeLuz Heights and Rock Mountain residents had that been requested. "I did not have that chance," Jengo said.

According to Andrea Rosati, who represented the Sandia Creek Road Committee, in 2007, the private portion of Sandia Creek Drive had an average daily volume of 300 vehicles. A traffic study conducted in 2020 indicated an average daily traffic volume of approximately 2,200 vehicles including 1,700 through traffic motorists.

"The road was never meant to carry the density of traffic that it's experiencing today," Rosati said.

"The purpose of the permit is to address dangerous circumstances," Rosati said. "The gate will reduce the dangerous conditions for residents."

Those who use the private road as a shortcut don't always follow what the California Vehicle Code would limit on a public street. "It's not maintained by local law enforcement," Rosati said.

The road maintenance agreement for the private section of the road was approved in 1989, and 53 property owners pay for the maintenance of the road. "The public has been able to pass with the permission of the owners," Rosati said.

If the primary source of power is lost, the gate is supposed to open automatically and remain open until full power is restored. The North County Fire Protection District will have a key to unlock the gate manually, and the gate will also respond to emergency vehicle strobe signals. The gate may also be opened by a remote radio signal; the nearest NCFPD fire station is 4.2 miles away by air and the radio signal has a range of five miles. Remote operation by the regional dispatch center in Rancho Santa Fe could also be an option. The radio control system will be tested before the gate becomes operational.

Rock Mountain resident Melissa Alvis noted that during the Rice Fire in October 2007, Sandia Creek Drive was used as an emergency evacuation route. "When the power is off for days the landlines fail," she said.

Members of the Sandia Creek Road Committee and other proponents of the gate have indicated that access codes will be provided to the United States Postal Service, Fallbrook Propane Gas Company, and others who deliver to the homes on the private portion of the road, but that was not guaranteed. "Our concern is about our right to receive services at our house," said Sandia Creek Drive resident John Tomik.

Juan Mendez has been a professional firefighter for 26 years. "We need these gates because of safety measures," he said. "Just two days ago my wife was nearly hit head-on by a moving truck."

"It's all about safety, especially the members of the community," said Sandia Creek Terrace resident Larry Cahoon.

Kathleen Houck has been a Sandia Creek resident for nine years. "I've been involved in numerous near head-on collisions," she said. "It's very challenging to come and go literally from my own driveway."

Andrew Dale and his wife have lived in the 40200 block of Sandia Creek Drive since 1989. One of the gates will be within 100 feet of the Dales' residence.

"This project would have a direct and immediate detrimental effect on our home," Dale said.

"There would be noise and emissions from idling vehicles," Dale said. "It would be hard to find a less suitable location for this gate."

Cynthia Dale noted that the property owners were not given cost information. "We were never involved with the decision," she said. "We were blindsided."

Mrs. Dale added that vehicles turning around on their property could be involved in an accident. "Putting the gate on our property increases our liability," she said. "We would suffer."

Kelley Gerwig and her husband own three parcels. "This is a private road with no public financial support," she said. "We have a private road being used by the public for which we bear the financial burden."

"This to me is purely a case of private property rights," said Henri Gerwig.

Abby Elston has lived in DeLuz for more than 30 years. "We really need to control the traffic here," she said.

DeLuz Heights resident Nancy Sawdon noted that DeLuz Road can be closed in the event of a fire or a water main break. "Our only way to get home when these happen is Sandia Creek," she said.

Rock Mountain Preserve, which is managed by the Fallbrook Land Conservancy, abuts Sandia Creek Road. The preserve was closed to the public in 2018 due to vandalism and other activities from trespassers. "Law enforcement has stated that they are unable to patrol the road," said FLC Executive Director Karla Standridge.

Standridge told the Planning Commission that two accidents have occurred on FLC property. "The gates are necessary to protect life and property," she said.

Some unauthorized visitors leave their cars on their own. Law enforcement initially did not pursue a car dumped on Alma Carpenter's property until the license plate matched a suspect vehicle, and law enforcement believes that drug trafficking was involved.

"This private road is a mess," Carpenter said. "We can't even leave our homes without being afraid that someone is going to hit us."

"The traffic issues are daily safety issues," said Patty Brown, who has been a Sandia Creek resident since 2004.

Brown doubts that unauthorized traffic will continually travel to the second gate. "Commuters will figure out quickly that it is not accessible and find other routes," she said.

"It's very dangerous for us, and we have to use this road to get to our homes. The commuters don't," said 32-year Sandia Creek resident Rick Saathoff.

Matt Nelson lives on the Riverside County side of Sandia Creek Drive. He noted that cars on the narrow road carry the risk of starting a fire. "I think that's a huge risk to everybody that lives out here," he said.

Ashman's abstention was due to lack of information he requested, including whether Riverside County residents had easement rights. "I don't feel equipped to make a decision one way or another," he said.

Sandia Creek Drive may not be the only possible shortcut for commuters. "I have a feeling this is not the last we're going to hear from this community because these cars are going to find a way," Hitzke said.

Author Bio

Joe Naiman, Writer

Joe Naiman has been writing for the Village News since 2001

 

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