HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-0751
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RESOLUTION NO. 2005-075
A RESOLUTION OF THE CITY COUNCIL OF THE,’ CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN IRREVOCABLE OFFER TO DEDICATE AN OPEN SPACE CONSERVATION
EASEMENT FOR THE CARLSBAD GOLF COURSE PROJECT
WHEREAS, on December 9,2003, the Carlsbad City Council authorized proceeding with the
development of the Carlsbad City Gulf Course Project, hereafter the “Project;” and
WHERJX3, the Project has been designed in two phases to hilitate development and vest the
Pr0ject7s many permits and dements; and
WHEREAS, Phase 1 ofthe Project has previously been approved by the City Council and is
currently underway; and
WHEREAS, the California Coastal Commission did approve in August, 2003 a “Notice of Intent
to Issue a Coastal Development Permit“ for the Project requiring the dedication of an open space
conservation easement over portions of the project as well as design modifications to the Project; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby hds it necessary,
desirable, and in the public interest to approve the required open space dedication and related actions the
Project requires at this time; and
WHEREAS, the California Coastal Commission by letter dated September 25,2003 and attached
to this Resolution as Exhibit “A”, confirms that the industrial pads on the golf course site may be
developed and occupied by either public or private entities and may also be leased or sold to private
entities, and the Council relied on that letter in adopting this resolution; and
WHEREAS, the California Coastal Commission acting through its staffcounsel, by letter dated
March 8,2005, attached as Exhibit “B, stated that should the golf course development not go forward,
either in whole or in part, i.e., if no development activity under the authority of the above-referenced CDP
is undertaken, such a circumstance would ultimately cause the CDP to expire. In such a case, the City
would be able to request that the IODs be rescinded. commission staffwill cooperate with the City in
effectuating that rescission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Calso~ as fbllows:
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1. That the above recitations are true and correct.
2. That an Irrevocable Of& to Dedicate an Open S~ace Conservation Easement and Declaration of
Restrictions is hereby approved and the Mayor is authorized to execute the documents.
Following the Mayor’s execution of said documents, the City Clerk is directed to record with the
San Diego County Recorder said documents and all necessary supporting legal descriflons, plats,
and related documents at the earliest reasonable opportunity. Following this recordation, the
City Clerk shall, at the earliest reasonable opportunity, transmit and / or deliver, or cause to be
delivered, evidence of this recordation to the (1) Offices of the California Coastal Commission,
San Diego Area oftice, attention Mr. Lee McEachem, 7575 Metropolitan Drive, Suite 103, San
Diego, California 92 108, (2) Offices of the California Coastal Commission, Legal Division,
attention Ms. Pat Sexton, 45 Freemont Street, Suite 2000, San Francisco, California 94105, and
(3) the City’s Recreation Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held
onthe 15th dayof MARCH , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall,
NOES: None
ABSENT: None
ATTEST
EXHIBIT A ._ 1 -
4tE QF CALIFORdIA - 1 HE RESOURCES AGENCY GRAY DAVIS, Governor
9LIFORNIA COASTAL COMMISSION
4 DIEGO AREA
METROPOLITAN DRIVE, SUITE 103
CA 921084402
70
September 25,2003
Don Rideout, Principal Planner
City of Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, California 92008-73 14
RE: Carlsbad Municipal Golf Course
CDP# A-6-CII-00-087
Dear Mr. Rideout:
This is in response to your correspondence of September 25,2003, in which you request
clarification of Special Condition #9 in the above-referenced coastal development permit, as
approved by the Commission on August 8,2003. This condition provides that “(t)he golf course,
clubhouse, parking areas, driving range, conference center and pads for future industriaVgolf
related uses shall be operated as facilities open to the general public.”
The intent of the wording is to ensure that the approved public golf course development will not
be converted to private (e.g., “members-only”) recreational use and/or developed with anything
other than the approved uses, unless a permit amendment is approved. The industrial pads on the
golf course site may be developed and occupied by either public or private entities, and may also
be leased or sold to private entities. It is not required that the industrial pads be used solely for
public purposes. However, the City should ensure that any development, use, sale or lease for
these sites is compatible in nature with the approved priinzy hction of the golf course property
as a public recreational use, and that public access to the golf course facilities will not be
restricted or otherwise compromised.
I hope this information is helpfil to you. If you have any questions, or need additional
information, please call me at (619) 767-2388.
Sincerely,
Ken Akers Weaver, AICP
Coastal Program Analyst
15:25 Frw818 767 298'- 618 767 2384 EXHIBIT B
J
March 8,2005
John CahUl, Municipal Projects Manager
City of Carlsbad
2200 Cabbad Village Drive Carlsbad, CA 92008-1989
__ .-- - Re: Coastal Development Ptimit #A-6-ClI-00-087 - Carlsbad QoIfComc
Dear Mr. cahiu:
This letter is in response w yaw request to clarifjl the status of any recorded havaeablc Offi
M Dedicate CommationEsunents (IODs) over conscrvatiOn areas associated with fhe
Carlsbad Golf Come Dwolopmcnt &odd the golf coust project mt pmcecd.
AB yau know, Special Condition #lo of thc &If Come CDP requires that, prior to the issuancv
of the coastal development p&t, the City must record a documcut, irrevocably offbring to
dedicate an bpea space and COnsaVation moment over all m-site preservation arm and
mitigation Bites used to aadnss impacts to habitat resulting fiom development of the golfcome. Thus, before the p&t ie issued, the City mwt record the IODs as required by the pdt
COIlditibn,
Should the goWcoursc development not go forward, either in whale or in part, i.e., if no
development activity under the authority of the above-referenced CDP lis undertaken, such a
~mtrmce would ultimately cause the CDP to expire. h suoh a case the City would be able to
request that the 1ODs be rescinded. CwUnistion staffwill cooperate with the City in effectuating that rcscissiun. .
Please let me how if you have any further questiom,
Sincerely,
-WBOWERS Sraff Counsol