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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 J65 CITY OF CARLSBAD —BILL AB* MTG. DEPT. CD • ITLEl ADDQflWC PtCCPk DCCTDI^TirMMArrnUVt UccU Hto 1 ni\* 1 ION AS PERMIT CONDITIONS FOR POINSETTIA COMMUNITY PARK DEPT HD Cr s^r CITY ATTY CITY MGR. 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. /~ 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