Loading...
HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-0751 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 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 In such a case, the City would be able to request that the IODs be rescinded.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: 5- 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 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