HomeMy WebLinkAbout1993-09-20; Parks & Recreation Commission; 993-11; Poinsettia Park/Deed RestrictionPARKS & RECREATION COMMISSION - AGENDA BILL
TITLE:
POINSETTIA PARK/DEED RESTRICTION
(INFO)
RECOMMENDED ACTION:
Accept and file staff report.
ITEM EXPLANATION:
The attached draft city council agenda bill outlines the need to provide a deed restriction
on a portion of the future Poinsettia Community Park which will prohibit development on
approximately 10.5 acres of previously identified sensitive habitat area. The deed
restriction is necessary to obtain a California Coastal Commission and Department of Fish
and Game permit in order to proceed with the construction of Poinsettia Community Park.
Department staff will present this issue and be available to answer specific questions the
Commission may have.
EXHIBIT:
1. Draft City Council Agenda Bill/Approve Deed Restrictions
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DRAFTRECOMMENDED ACTION:
Adopt Resolution No. approving a deed restriction on a portion of City owned
property required as a condition of California Coastal Commission Permit No. 6-92-182
and California Department of Fish and Game Permit No. 5-222-93 for the future
construction of Poinsettia Community Park.
ITEM EXPLANATION
As a condition of California Coastal Commission Permit No. 6-92-182 and California
Department of Fish and Game Permit No. 5-222-93 for the City's future construction
of Poinsettia Community Park, the City is required to prepare and execute documents
placing a deed restriction over a portion of the City owned property precluding any
future development into the identified sensitive habitat area on the park site. The
purpose of this deed restriction is to protect the existing sensitive habitat from future
damage or encroachment. This portion of the park property comprises a steep slope
and seasonal drainage area which has very little or no park development potential even
if available for use. The Master Plan report for the phased development of Poinsettia
Community Park, which was previously approved by both the Parks and Recreation
Commission and the City Council, identified this area to be preserved in its current
natural state.
The restricted area totals approximately 10.5 acres and is composed primarily of
moderate to high quality riparian and coastal sage scrub habitat located at the extreme
western edge of the 42 acre park site. Over several months, negotiations between City
staff and representatives of the permitting agencies resulted in the agreement to
designate this area for protection in exchange for the City's ability to develop the
remainder of the entire 42 acres for park use. The area is depicted in attached Exhibit
1.
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The permit condition does, however, authorize the City to construct and maintain the
elevated pedestrian walkway and required underground sewer and water lines that will
cross this area. These necessary infrastructure facilities will be installed in the Phase
1 portion of the project.
Staff recommends approval of the attached deed restriction documents.
FISCAL IMPACT
As indicated above, the 10.5 acres to be restricted are composed of steep slopes and
drainage area containing identified sensitive habitat with no practical potential for
development.
EXHIBIT 1
066
Page Two of Agenda Bill No.
There is no direct cost associated with the City's recordation of a deed restriction on
this portion of the park site property. The 10.5 acres to be restricted comprises the
majority of an early 1970's private development dedication of a 12 acre parcel of open
space and potential park site property associated with the multi-phased Alta Mira
project along Paseo Del Norte. The 10.5 acres to be restricted is not a part of the 30
acre adjacent parcel acquired by the City approximately three (3) years ago for
Poinsettia Community Park.
EXHIBITS
1. Location Map
2. Resolution No. Approving deed restriction documents affecting City
owned property on the Poinsettia Community Park site
3. Deed restriction documents
067
LOCATION
Y OF CARLSBAD
COMMUNITY
PARK SITE
ONDASCAMINO
LEGEND
RESTRICTED
EXHIBITPROJECTNAME
POINSETTIA COMMUNITY PARK
PROJECT
3348