Judge Thomas Anderle issued an order prohibiting any wedding receptions, bike races, amplified sound, alcohol sales, or the installation of porta-potties or Klieg lights anywhere on the 130 acres of land known as Elings Park South. The park will still be able to conduct weddings and wedding receptions elsewhere in the park, where it is clearly permitted.
Anderle’s ruling came at the instigation of county planners, who contend that the use of Elings Park South for anything more than passive recreation is a violation of the restrictions imposed when the Park Foundation accepted a $525,000 grant from the county to acquire the land many years ago. While the Park Foundation disputes that contention, its attorney, Steve Amerikaner, said the foundation board would prefer to negotiate a settlement with county planners rather than duke it out in the courts. Failing resolution at the bargaining table, the matter is scheduled to go to trial February 22.
County officials concluded that Elings Park Foundation was in violation of the terms of its grant when the matter was forcefully brought to their attention by Elings Park neighbors, upset by an aggressive expansion of special events and activities proposed by the Elings board. The residents argued that the park was a bad neighbor and was violating its existing operating conditions. Until that was rectified, they insisted, no expansion plans should even be considered. Mostly, they complained about late-night noise during weekend weddings, but those are permitted events and occur in areas of the park that won’t be affected by Judge Anderle’s ruling. They also uncovered the documentation indicating that the organized bike races and other events that take place on the park’s southern portion are beyond the scope of permitted activities. This forced the county’s hand.
As a result, this June’s annual mountain bike race was initially canceled, and then at the last minute — in the face of organized protest by the South Coast cycling community — was allowed to take place. By then, however, many of the racers had backed out and the turnout was notably poor. Those plans received a decidedly hostile reception during a joint hearing of the city’s Parks and Recreation Commission and Planning Commission earlier this year. Those plans, however, remain in play and are currently the subject of environmental review.
Elings Park
1298 Las Positas Rd., Santa Barbara
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A trial seems like a waste of time and money here, but I also am not so sure what is left for a "settlement" except to parse what the meaning of "is" is and what comprises passive recreation in accordance with the zoning status and the agreement for when Elings Park accepted the County CREF grant money to acquire the property.
David_Pritchett (David Pritchett)
November 4, 2010 at 1:23 p.m. (Suggest removal)
Sounds like this judge has a great head on his shoulders. Playing by the rules, being a good neighbor and keeping integrity with your agreements is the way to go. Sometimes, I really appreciate the law. Human beings don't naturally go towards abiding by the above ideals and need to be directed, obviously.
santabanana (anonymous profile)
November 5, 2010 at 11:38 a.m. (Suggest removal)
Amazing how city streets can be shut down for a marathon once a year, but a park wants to have a mountain bike race once a year & a small clique comes out even to the point of pressuring a county supervisor into spending $100,000 of taxpayer cash to cover an Orange County law firm's actions aginst said bike event. Yes, Santa Barbara is for sale.
I also get a kick out of how somebody (a mesa realtor) duped a bunch of homebuyers into buying homes next to a park under the guise of said park being "open space."
Oh well, @ least the BMX tracks stands where it is, much to the disappointment of those against it & will continue to do so.
However, I do respect the Honorable Juge Anderlee's ruling(s), as they have been give & take from the start :) henry
hank (anonymous profile)
November 7, 2010 at 10:04 a.m. (Suggest removal)
The deep sense of entitlement exhibited by Santa Barbara residents never ceases to astound me. (now cue the ever insightful "that's because they are all liberals" and/or "then you should just move" responses...)
Num1UofAn (anonymous profile)
November 8, 2010 at 4:43 p.m. (Suggest removal)
Num1, liberal or conservative, don't really matter. Everybody wants something for themselves & it's usually @ the price of the lesser financed.
This is a NIMBY issue & the only "green" they're interested in is the real estate values of their properties near the park. Has NOTHING to do w/ the environment or concerns for it.
Amazing how some realtor duped these poor folks into believeing that piece of property was "open space" when in actuality it is a park :) henry
hank (anonymous profile)
November 8, 2010 at 5:20 p.m. (Suggest removal)
There is no "open space" in SB or anywhere else in SoCal. Everything is either stuccoed or paved over or owned by the government.
People just THINK they own their homes...they really just rent them for the price of taxes. There are no private property rights...anything can be stolen under "eminent domain" and reassigned to a "more worthy" recipient.
I have never felt more crowded in my life than I do in Southern California, and it gets worse by the day as more and more buildings and people are crammed in.
So stop dreaming of open and green spaces in SB...they only exist temporarily and in your dreams.
Holly (anonymous profile)
November 10, 2010 at 8:40 a.m. (Suggest removal)