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HomeMy WebLinkAbout1997-04-15; City Council; 14144; REPORT ON THE STATUS OF THE PUBLIC NUISANCE LOCATED AT 6111 EL CAMINO REAL THE OLYMPIC RESORT DRIVING RANGEa, P u 0 s u c $4 a, i4 a 5 Ki 5 aJ c) c TI 0 c) u c) c, a aJ u $4 a *rl cd G u a $4 0 a a, M w w cd +J* ma @&I .rl ac aJ so uc, $2 a cdcd ah Ud url c) I+ .rl .ti a uo oa, ua !3 si h \ rn 4 LA \ < .. z 0 F 2 J G z 3 0 0 e-. ai acAd %Y OF CARLSBAD - AGEN A BILL DEPT.HD. - F AB# IYjIY4 TITLE: REPORT ON THE STATUS OF THE 6111 EL CAMINO REAL MTG. 4/15/97 PUBLIC NUISANCE LOCATED AT CITY ATTY. ( THE OLYMPIC RESORT DRIVING RANGE CITYMGR . DEPT. BLD RECOMMENDED ACTION: That the City Council hear and accept the staff report on the progress made to t conditions constituting the public nuisance and the effects of this remediation. ITEM EXPLANATION: At the City Council meeting of March 4, 1997, the Council approved Resolutic declaring the Olympic Resort driving range a public nuisance. The resolution was am that meeting to require the resort operator to complete his expert’s recommend: remediating the conditions which create the nuisance on the property by April architect suggested: 1. Eliminating the four most distant target ponds to provide more target gras golfers hitting from the east end, 2. To reposition the center tees to further direct the balls towards the center of and 3. To plant additional eucalyptus trees along par and irrigate the trees to max tree growth rate. If those items above have not been completed, council may impose additional condit and including closing of the driving range until the owner completes a study to deter1 to keep errant golf balls from crossing over OF onto Palomar Airport Road, and I measures are completed. If those items above have been installed, staff will report on the effectiveness of such to date. FISCAL IMPACT: The property owner(s) are financially responsible for abating the public nuisance. 1 any litigation to enjoin the nuisance or enforce any abatement order may be reco! the property owner(s). Cost recovery methods are described within Chapter 6.16 c Municipal Code, Section 6.16.1 10, and can be accomplished by a lien against thc civil action, or criminal action against the property owner(s). EXHIBITS: 1. City Council Resolution No. 97-84 1 2 3 4 5 6 7 8 9 10 11 12 om SW8 ;$; 13 uo8 OU2 iLL0 uoua 14 m>A- “!=$E “$0 goo2 15 si$$ OZA- 16 G$ ao_t p: l7 0 18 19 20 21 22 23 24 25 26 27 28 e a RESOLUTION NO. 97-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA DECLARING A PUBLIC NUISANCE AT 61 11 EL CAMINC REAL, APN 760-221 -1 5-00. WHEREAS, the City Council at their meeting of March 4, 1997, held a noticed public hearing and considered all evidence and testimony of an desiring to be heard; and WHEREAS, the time limits imposed in a Notice and Order by the City’s Enforcement Officer have expired; and WHEREAS, the golf balls leave the driving range and cross or enter Pal Airport Road; and WHEREAS, Palomar Airport Road is a prime arterial accommodating 2( vehicles per day in this area; and WHEREAS, golf balls have struck vehicles on Palomar Airport Road; ar WHEREAS, golf balls are likely to strike vehicles unless apprc + corrective action is taken; and WHEREAS, the property is in a condition which is adverse or detrimel public peace, health, safety, or general welfare; and WHEREAS, the conditions on the parcel constitute a public nuisar defined in Section 6.1 6.01 0 of the Carlsbad Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of tt of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City has the power at both common law and by ordina abate nuisances. 1 2 3 4 5 6 7 8 9 lo l1 12 2.1 mu8 a08 ow2 z!L, 14 $055 EtSK ?on2 15 p& O z J O- 16 y$$ LO% t (u % 17 60 l8 19 20 21 22 23 24 25 26 $2: 13 tJZ aoJ 27 28 0 0 3. That the condition of the property is adverse or detrimental to the p health, safety and general welfare of the public. 4. That the conditions on the property constitute a public nuisance. 5. That the public nuisance shall be abated. 6. Operators shall complete the modifications as set forth in the le1 February 20, 1997 from golf course architect David Rainville and as further I on the site plan presented at the meeting of March 4, 1997, no later than TU( April 15, 1997. If these modifications are not completed prior to that tim Council may order the nuisance abated by closing the driving range until modifications are completed. 7. Provided such modifications are completed, the City Counc determine their effectiveness to abate the nuisance. If these modifications ha abated the nuisance to the satisfaction of the City Council, it may impose add conditions up to and including the closing of the driving range until a st1 conducted by the lease holder, Olympic Resort, or the property owner to detc how to keep errant golf balls from crossing or entering Palomar Airport Road driving range shall remain closed pending a study or such other and measures as approved by the City Council are undertaken to abate the nuisar t 8. That if the public nuisance continues, the City may seek any legal I necessary to abate the nuisance. 9. The City Manager is also authorized to collect the costs of the abal by the means described in Carlsbad Municipal Code Section 6.16.010 or an! lawful means. 2 1 2 3 4 5 6 7 8 9 10 11 12 om SWE a> .JE& 13 <a8 14 LOW% $045 cr= u->u aoaB 15 2;Sz ggw ulrzd 16 E:%! _ILL0 oa <OJ pz l7 0 18 10 20 21 22 23 24 25 26 27 28 0 0 IO, The matter shall be returned to the City Council on Tuesday, Api 1997, in order to determine the progress, effectiveness and appropriatene measures taken to abate this nuisance. PASSED, APPROVED AND ADOPTED at a Regular Meeting of tt City Council of the City of Carlsbad, California on the 4'h, day of March, 1997,l following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Cle 3 I