April 10, 2001 Front Page Article from Santa Cruz Sentinel
PLAN FOR DREAM HOME HITS OPPOSITION
BY BRIAN SEALS, SENTINEL STAFF WRITER
APTOS — A thin strip of land that has long provided trail access to a popular state park has become a battleground between nature lovers who want to keep it undeveloped and a San Jose man who wants to build his dream home.
The Nisene to the Sea Open Space Alliance wants to buy the 142 acres for the state park system. Two San Jose-based companies, S&P Carmichael Enterprises and Men-Chy Ma Properties, own the land, which provides access to the 10,000-acre Forest of Nisene Marks State Park.
Some residents fear that upscale homes on the parcel, nudged between the park and Cabrillo College, would impede access to two trails leading to the park’s west side. The trails have been used by the public for decades, though they are on private property. "Our preference is to have it all remain as open space," said Kathryn Britton, an attorney who serves on Nisene to the Sea’s executive committee. "We’re interested in keeping the natural corridor open."
Supporters of the park envision a link between New Brighton Beach State Park and Nisene, with a bridge over Highway 1 linking the beach area to the inland areas.
The forested, mountainous land provides spectacular views of the Pacific Ocean. Though "No Trespassing" signs are posted, the tell-tale signs of bike tracks and footprints show how much the land is used.
Jackie Fisher lives near the park’s main entrance. "I’m sort of torn between the rights of the property owner and my preference to keep it open," Fisher said Monday while walking her dog with a friend.
The group’s supporters say their aim isn’t to derail the owners’ plans. "We’re not necessarily out to nail another developer who wants to build monster houses," said Paul Elerick of the Aptos Neighbors Association. "It’s the open space and the access."
Steve Carmichael, a San Jose real estate agent and one of the owners of the land, said he wants to build a house on the land. And while he or another developer may one day consider building 10 to 20 homes on the land, nothing is planned now, he said.
"Ultimately, I’d be happy to sell it to the college, to the state or whoever wants it," Carmichael said.
That’s just what Nisene to the Sea wants to do, but price has been a sticking point.
County property records value the undeveloped land at $1.5 million.
Carmichael offered to sell it for $4 million. Nisene to the Sea said that’s too high.
Carmichael said he has paid to dig a well on the land and for an environmental study. He also has had to defend himself against lawsuits filed by his foes, he said.
"I wouldn’t think of selling it for less than $5 million now," Carmichael said. Carmichael said he would be willing to reroute a trail away from the home he plans to build to allow public access to continue.
Britton, however, said it is important that the land remain undeveloped.
In the meantime, the group has been keeping an eye on the land to make sure any development follows the letter of the law.
On two occasions in 1999, grading at the site was halted by the county after neighbor complaints. However, Carmichael said he received oral permission from the county to do the work.
When a septic system garnered a preliminary OK, the group sued the county seeking an injunction. The suit was dismissed last month, and the permit will be considered following county environmental review.
The battle is far from over.
Carmichael said he intends to build his house. And he says the court maneuvers started by Nisene to the Sea make him less inclined to sell the property.
"I guess I’m prepared to go to battle with them for as long as it takes," he said.
Contact Brian Seals at bseals@santa-cruz.com.
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