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Home My WebLink About1997-02-04; City Council; 14034; APN: 760-221-15 NUISANCE OLMYPIC RESORT PALOMAR AIRPORT RDDECLARATION OF A PUBLIC NUISANCE AT &I 6111 EL CAMlNO REAL; A.P.N. 760-221-15-00 a, U u (d E a, 5 RECOMMENDED ACTION: M It is alleged that a public nuisance exists at 61 11 El Camino Real within the City of the lot identified as APN 760-221-15-00. It is recommended that the Council ADOP (d a, to hear anc evidence and objections regarding this allegation. c 0 d *rl k & 0 -4 4 P ITEM EXPLANATION: 2 (d M ad G 01 N cn The purpose of this item is for the City Council to hear any evidence or objections 2 the property identified as 61 11 El Camino Real, APN 760-221-15-00, is a public nuis The property is the golf driving range portion of the Olympic Resort. The reason for comes from a complaint and an investigation that errant golf balls from the drivir crossing and/or landing on Palomar Airport Road. Palomar Airport Road is a I: roadway accomodating 24,000 vehicles per day in this area. This combination of U U a, n ul I h 0 z g *rl U =r 4 0 cn Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as: Eh a,. a 8s general welfare; or *rl (d c 3&I h The existence of real property within the City: 1. & In a condition which is adverse or detrimental to public peace, heal a4 U as L) I-lh 0x 00 UW 2. Which is maintained so as to permit the same to become so defectiv dangerous or in a condition of deterioration or disrepair so that the : may cause harm to persons, or which will be materially detrimental tc improvements located in the immediate vicinity of such real property; i: constitute a public nuisance. a \ e \ N I’ 0 0 Page 2 of Agenda Bill ho. I q; 0 ?-! FISCAL IMPACT: The property owner(s) are financially responsible for abating the public nuisance. any litigation to enjoin the nuisance or enforce any abatement order may be recove property owner(s). Cost recovery methods are described within Chapter 6.16 Municipal Code, Section 6.16.1 10, and can be accomplished by a lien against the p action, or criminal action against the property owner(s). EXHIBITS: 1. Resolution No. 9 3 - 5 2 2. Location Map 3. Notice and Order dated December 31 , 1996 4. Notice and Orders dated January 6, 1997 * > 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 1 6 l7 18 19 2o 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBi CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUB HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 61 11 PALOlV AIRPORT ROAD. APN 760-221 -1 5-00. WHEREAS, the conditions which exist at 611 1 El Camino Rea\, Assessc Number 760-221 -1 5-00, are alleged to constitute a public nuisance as defined Section 6.16.01 0 of Carlsbad Municipal Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the City has the power at both common law and by ordinancc nuisances. 3. That the City Council has established procedures for the abatement nuisances within the City limits. 4. That the City Council will hold a public hearing on March 4, 1997 City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California tl whether or not the conditions on the property described as 6111 Palomar Ail constitute a public nuisance and will hear and consider any all evidence and object1 5. That if a public nuisance is found to exist it will be ordered abated at the t the property owner(s) and such expense shall become a lien and special assessmt property and a personal obligation of the property owner maintaining the public nui 6. That the Community Development Director of the City of Carlsbad will resolution to be posted according to law, and also cause the notice to be SI property owner(s) and all parties that hold interest in the subject property tha Council will hold a public hearing March 4, 1997 to determine I not the conditions constitute a public nuisance. Said notice shall be mailed at lea: prior to the hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. That based upon the facts presented at the public hearing, the City C determine whether Or not a public nuisance exists, and if it exists the City Counci that the public nuisance be abated at the expense of the person(s) creating property owner(s1. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cor City of Carlsbad, California, held on the 4th day of February the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSENT: Council Member Kulchin W CLAUDE A. LE\P6rS, mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk / (SEAL) 2. PROJECT NAME OL YMPlC RESORT 6111 EL CA MlNO REAL, A PN 760-221-15-00 E>( e I=xn1Dit 5 December 31,1986 CERTIFIED M County of San Diego Timothy Walsh, Anport Director 1960 Joe Crosson Drive ElCajon CA 92020 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO CEASE USING DRIVING RANGE PLEASE TAKE NOTICE: As the owner or occupant of the property loca at 6111 El Camino Real, you are hereby notified that you are alleged13 violation of Carlsbad Municipal Code, Section 6.16.010(1), for maintainin public nuisance that is detrimental to the peace, safety, health, or gent welfare of the citizens driving on Palomar Airport Road in Carlsbad. 'I: alleged nuisance is caused by errant golf balls leaving the driving range : crossing Palomar Airport Road. You are directed to provide the following: 1. A study to investigate permanent barrier options to keep errant golf b; from landing on Palomar Airport Road. 2. Interim barriers to prevent errant golf balls from entering Palomar Airp Road, or desist from operating the driving range. You are hereby ordered to be in full compliance with the provisions Carlsbad Municipal Code without delay. This matter wdl be referred to 1 City Council for declaration of a public nuisance should you fail to comply closing the driving range until a study by an independent expert determii the best design for physical barriers along Palomar Airport Road, and tl barriers are completed and installed to the satisfaction of the City of Carlsk Planning Department. 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-085 e e December 31, 1996 County of San Diego Page Two If you have any questions regarding this notice, please contact Ray Garris Code Enforcement Officer, at 438-1161 extension 4467. MARTIN ORENYAK Community Development Director By: MO: RMG/rs c: City Attorney City Manager Planning Director Risk Manager T. G. Vallas, Olympic Resort Exhibit 4 January 6,1997 CERTIFIED 1cz Ted Vallas Olympic Resort Hotel 6 11 1 El Camino Real Carlsbad CA 92009 NOTICE OF MUNICIPAL CODE VIOLATION ORDER TO CEASE USING DRIVING RANGE PLEASE TAKE NOTICE: As the owner or occupant of the property loca at 6111 El Camino Real, you are hereby notrfied that you are allegedly violation of Carlsbad Municipal Code, Section 6.16.010(1), for maintainin public nuisance that is detrimental to the peace, safety, health, or gene welfare of the citizens driving on Palomar Airport Road in Carlsbad. T crossing Palomar Airport Road. You are directed to provide the following: 1. A study to investigate permanent barrier options to keep errant golf b; alleged nuisance is caused by errant golf balls leaving the driving range 2 from landing on Palomar Airport Road. 2. Interim barriers to prevent errant golf balls from entering Palomar Airpl Road, or desist from operating the driving range. You are hereby ordered to be in full compliance with the provisions Carlsbad Municipal Code without delay. This matter will be referred to 1 City Council for declaration of a public nuisance should you fail to comply the best design for physical barriers along Palomar Anport Road, and tl barriers are completed and installed to the satisfaction of the City of Carlsk Planning Department. closing the driving range until a study by an independent expert determii 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 * (61 9) 438-11 61 - FAX (61 9) 438-08 a e- v* I January 6, 1997 County of San Diego Pane Two If you have any questions regarding this notice, please contact Ray Garrisc Code Enforcement Officer, at 438-1161 extension 4467. MARTIN ORENYAK Community Development Director By: MO:RMG/rs c: City Attorney City Manager Risk Manager County of San Diego Planning Director