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FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: SEPTEMBER 19, 2006
SUBJECT: PROPOSED SOLUTION TO THE UN-PERMITTED TRUMP FLAG POLE AND FLAG AT TRUMP NATIONAL AS PRESENTED BY COUNCILMAN CLARK
Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director
Discuss Councilman Clark's proposal, and if it is determined that the City should move forward with the proposal, that the Council 1) direct Staff to prepare an agreement acceptable to the Trump Organization for future review by the City Council, and 2) direct Staff to process a Variance and Coastal Permit for the flagpole.
At the August 15, 2006 City Council meeting, Councilman Clark distributed the attached Memorandum to all Council members and Staff. As noted in the Memorandum, Councilman Clark requested that this item be agendized for the Council meeting when the Trump Organization's appeal of the Planning Commission's decision to deny their requested CUP revision and Variance would be heard, and that this item be agendized prior to such hearing. As such, Staff has placed Councilman Clark's item on the September 19, 2006 City Council Agenda prior to the public hearing for the Appeal.
During discussion of Councilman Clark's proposal, the Council may wish to discuss the following issues that Staff seeks direction on if the Council decides to move forward:
- Easement or Grant Deed - Does the Council desire the Trump Organization to merely grant an Easement over the area surrounding the flagpole or deed land to the City?
- Public Access - Does the Council desire that the flagpole to be publicly accessed? If so, should there be an access easement from the City's Founders Park to the dedicated flagpole area?
- Size - How large of an area around the flagpole does the Council desire?
- Plaque Design - How large should the bronze plaque be and what should it say? Does the Trump Organization provide and install the plaque?
- Maintenance of Flag Pole - Who maintains the flag and the pole - Trump Organization or the City? Who is responsible for raising and lowering the flag?
- Termination of Easement/Deed - Should a clause be inserted in the Agreement that allows the City to remove the flagpole and terminate the easement/deed - returning the land back to the owner?
- Liability - Should the Agreement include a statement of liability since the Trump Organization constructed the flagpole?
It is Staff's opinion that if this proposal moves forward, approval of a Variance will still be required because the City's Development Code does not permit a flagpole in excess of 16' tall. Additionally, Staff confirmed with Staff at the California Coastal Commission that approval of a Coastal Permit from the City would also be required. Therefore, if the Council decides to move forward, Staff recommends that the Council 1) direct Staff to prepare an agreement acceptable to the Trump Organization for future review by the City Council, and 2) direct Staff to process a Variance and Coastal Permit for the flagpole.
Joel Rojas, AICP