HomeMy WebLinkAbout1976-02-17; City Council; Resolution 38541
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RESOLUTION NO. 3854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH CON-
DITIONS AN EXTENSION OF TENTATIVE MAP (CT72-34)
FOR THE DEVELOPMENT TO BE KNOWN AS RANCHO LA
CUESTA.
APPLICANT: DONALD B. AYRES, JR. (NEWPORT SHORES BUILDERS).
WHEREAS, the City Council of the City of Carlsbad, on the 7th
lay of August, 1973 adopted Resolution 3180 approving with condi-
tions Tentative Map (CT 72-34); and
WHEREAS, on the 16th day of July, 1974, such map was extended
for a one-year period, from August 6, 1974 to August 6, 1975; and
WHEREAS, the owner has again requested a one-year extension of
such map from August 6, 1975 to August 6, 1976; and
WHEREAS, the City Council has determined to extend such map
subject to additional conditions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 72-34) is hereby extended until
August 7, 1976.
C. That conditions 1 through 23 inclusive of City Council
Resolution No. 3180 shall be replaced with the following conditions
1. Prior to final map approval for any portion of the develog
ment, the applicant shall obtain a zone change to realign the RDM-F
zoning boundary in conformance with the boundary shown on the Tent-
ative Map.
2. The applicant shall insure adequate noise attenuation for
all portions of the site subject to ambient noise levels in excess
of 65 dB(A). This shall be accomplished in a manner acceptable to the Planning Director and according to the policies and goals of the Noise Element of the General Plan.
3. Additional right of way shall be dedicated and street
improvements made to provide a standard 126 foot street section with separate bikeway for El Camino REal, from Alga Road to Arena1
Road.
4. A detailed landscape and irrigation plan prepared by a
landscaps architect shall be submitted to the Director of Parks
and Recreation far consideration and approval prior to approval of
the final map.
areas and private or public open space areas. Said plan shall alsc
include the detailed plans for the proposed recreation facilities 1
This requirement shall apply to all private park
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be installed in the private park areas.
5. Park fees in lieu of land shall be paid to the City of
Carlsbad for park purposes as required by the Subdivision Ordinance
and Parks and Recreation Element prior to the approval of each Fina
Map. In the event private recreational facilities are provided by
the applicant, a maximum of 25% credit may be granted by City Counc
against the total Park Ordinance requirement.
6. The applicant shall dedicate an open space easement along
the bank at the rear of the RD-M lots backing up to El Camino Real.
7. All areas of the subdivision shall be desi3nated as a legal lot or public right of way.
8. No final map will be approved until provisions are made to
extend the offsite sewer to connect to the existing Ponto sewer and
to construct the necessary pumping system; that is, until plans are
approved and easements, permits and bonds are-received.
9. The method of storm drainage shown on the map is not ap-
proved. Storm drainage shall be designed per the requirements of the City Engineer and San Diego County Flood Control District.
10. Proper siltation controls and slope protection shall be proposed as part of the required grading plan (refer to EIR com- ments for suggestions).
11. In order to provide for reasonable fire protection during
the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall bc installed as recommended by the Fire Department.
12. All public improvements shall be made in conformity to
the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards to the
satisfaction of the City Engineer without cost to the City of
Carlsbad, and free of all liens and encumbrances. Improvement
plans for water and sewer system shall meet the requirements of
the respective service districts.
13. All drainage and grading plans shall be submitted to the
City Engineer for approval.
14. All utilities, including provisions for cable TV, shall be
placed underground and/or shall be completely concealed from view.
15. All land and/or easements required by this Ordinance shall
be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances.
16. Access rights shall be dedicated along the first 500 feet of Alga Road and along El Camino Real.
17. The covered archway and planter strip on Arena1 Road is
not approved.
18. Street names shall be subject to approval and shall be
designated in accordance with the standards and policies adopted
by the City Council on file in the Planning Department. Said names
shall be approved by the Planning Director prior to recordation of
the Final Map.
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19. If required by the City Engineer, the improvement plans shall include a report of a geological investigation and a complete
grading plan of the entire site. The report and plan shall be pre-
?ared by civil engineers licensed by the State of California, and 2xperienced in erosion control who shall be acceptable to the City
Zngineer, and they shall certify they have investigated the site md prepared data with full consideration of the consequences to the included and neighboring properties.
20. The development of the property described herein shall be
subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restric-
tions of all municipal ordinances and State and Federal statutes
now in force, or which, hereafter, may be in force, for the purpose
3f preserving the residential characteristics of adjacent propertie
21. Prior to consideration each Final Map and Improvement Plan a grading and plot plan of the tractAwith all proposed dwelling
units located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for approval to in-
sure that adequate area requirements can be met.
22. All land and/or easements required shall be granted to the
City of Carlsbad without cost to the City, and free of all liens and encumbrances. No easements shall be recorded prior to recor-
dation of each final map unless approved by the City Engineer.
23. The six phases shall be constructed in the numerical order
24. PHASE I CONDITIONS:
a)
shown on the tentative map.
Alga Road shall be dedicated and improved from El Camino
Real to the intersection of "A" Street on the basis of a 102 foot
street section with separate bikeway. to align with the existing Alga-El Camino Real intersection. Im- provement shall be for a half street section minimum depending on the relation of the street centerline to the property line. Alga Road centerline may be moved south of the property line with ap- proval of the City Engineer.
pockets shall be installed at the intersection of Alga Road and
El Camino Real.
developer by agreements with the surrounding or abutting developers
Alga Road shall be designed
b) A four-way, fully actuated traffic signal with left turn
City will attempt to secure reimbursement for the
c) All weather temporary emergency access road, having a max- imum grade of 14% shall be provided to connect El Camino Real to
Street "A" at the south end of Phase I.
d) Street "A" shall be dedicated and improved from Alga Road to the southern boundary of Phase I, and its width will be based on a traffic study provided by the applicant and approved by the
City Engineer. vided at the southern boundary of Phase I. An all-weather temporary turn around shall be pro-
e) Improvement plans shall show Street "A" profile, including sewer and future storm drain, to the southern boundary of Phase IV,
25. PHASE I1 CONDITIONS:
a) Alga Road shall be dedicated and improved to the westerly
subdivision boundary on the basis of a 102 foot street section with separate bikeway. Improvement shall be for a half street section minimum depending on the relation of the street centerlin
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to the property line. the property line with the approval of the City Engineer.
ment plans shall show ,he alignment and grade of Alga Road up to
1000 feet west of the subdivision boundary. An all-weather tem- porary turn-around shall be provided at the westerly subdivision
boundary.
Alga Road centerline may be moved south of
Improve-
b) Street "C" shall be dedicated and improved from Alga Road to the southern boundary of Phase 11.
c) Temporary all-weather turn-arounds shall be provided on Street "C" and Street "B" at the southern boundary of Phase 11.
d) An all-weather temporary emergency access road, having a maximum grade of 14%, shall be provided to connect Street "B" to El Camino Real.
e) Dedication of Alga Road shall include a waiver of direct
access rights from residential lots shown on the final map as abut-
ting thereon.
26. PHASE I11 CONDITIONS:
a) An all-weather temporary turn-around shall be provided on Street "D" and Street "C" at the southerly boundary of Phase 111.
b) An all-weather temporary emergency access road, having a
naximum grade of 14%, shall be provided to connect Street I'B", Street I'D" and Street "C" to El Camino Real.
27. PHASE IV CONDITIONS:
a) An all-weather temporary turn-around shall be provided on Street "C" at the southerly boundary of Phase IV.
b) An all-weather temporary emergency access road, having a naximum grade of 14% shall be provided to connect Streets "B", ''C"
and "D" to El Camino Real.
28. PHASE V CONDITIONS:
a) Arenal Road shall be dedicated and improved on the basis of
2 full 84 foot street section with separate bikeway, in conformance
Ath the Circulation Element of the General Plan.
shall be constructed from El Camino Real to the rear lot line of
the lot on the west side of the Street "C" intersection. Dedica-
tion shall be for entire Alga Road within the subdivision boundary,
snd applicant shall provide offsite street right of way where the street overlaps the south boundary of the subdivision.
Improvements
b) A four-way, fully actuated traffic signal with left turn
pockets shall be installed at the intersection of Alga Road and El Camino Real. City will attempt to secure reimbursement for the
3eveloper by agreements with the surrounding or abutting developers
c) Dedication of Arenal Road shall include a waiver of direct
sccess rights from all lots shown on the final map as abutting
thereon.
d) Two 15' wide public easements for pedestrian/equestrian
ise shall be dedicated between Arenal Road and the 150' SDG&E
3asement.
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That said Tentative Map extension together with the provisions
for its design and improvement and subject to the above conditions,
is consistent with all applicable general and specific plans of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 17th day of Februar~ Y
1976, by the following vote, to wit:
AYES: Gounci ]::!en Frazee Chcse Lewis, Skotn7:ckj J::~d
NOES : None Counci Iwonan Cas1 er
ABSENT: >jone
ATTEST:
(SEAL)
LAND CONSERVATION .CONTR m,
Aoricultural Preserve No, 76-1
THIS CONTRACT, made and entered into this 10th day of February
19 - 76 , by and between CARLTAS CORPORATION
hereinafter referred to as "Owner", and the City of Carlsbad, a political subdivision of the State of California, hereinafter referr,ed to as r'Cjty'l:
W I T N E S S E T H:
WHEREAS, the Owner represents that he is the:owner of certain 'land
located in the City of Carlsbad, County of Sari Diego, State of California, which land is presently devoted to agricultural uses, recreational uses, open space, or combination thereof, as authorized in Exhibit "Brl attached hereto and lies within an agricultural preserve heretofore established or to be established and designated the ECKE (CARLTAS) Agricultural Preserve
Bio. 76-1, said land being more particularly described in Exhibit. "A" attached hereto and hereinafter referred to as the Premises; and
IdHEREAS, the 0,ww and the City desire to limit the use of Premises to agricultural and compatible uses, recreational uses or open space uses or some combination thereof:
IT IS AGREED by and between the Owner. and the City as foflows:
Section 1. CONTRACT. This is a "Contract" made pursuant to the
California Land Conservation Act of 1965, as amended as of the date first
above written, inclsding amendments enacted at the 1970 Regular Session of the California Legislature, (hereinafter referred to as the "Act") and is
appl i cab1 e to the Premises.
TERM. -This Contract shall take effect on February 17, 19 76,
and shall remain in effect for a period of ten years therefrom and during renwals of this Contract.
Section 2.
Section 3. RENENAL. NOTICE OF NONRENRJAL. This Contract shall be automatically renewed for a period of one year on the first day of the first January after the effective date and on the first day of each January there- after unless written notice of nonrenewal is served by the Owner on the City at least 90 days prior to said date or written notice of nonreneml is served by the City on the Owner at least 60 days prior to said date, circumstances shall a notice of renwa.1 to either party be required to effect-
uate the automatic renewal of this Contract.
Under- no
Upon receipt by Owner of a notice from City of nonrenewal, the Owner
may make written protest of such nonrenewal .
th2 renewal date withdraw the notice of nonrenewa?. City may at any time prior to Upon request of Owner,
m a the City Council may authorize Owner to serve a notice of nonrenewal on a portion of the land which is the subject of this Contract. serves notice of intent in any year not to renew this Contract, this Contract
shall remain in effect for the balance of the period remaining on the term since the original execution or the fast renewal of this Contract as the case
may be.
During the term of this Contract and any
and all renewals thereof, the Premises shall be devoted to agricultural uses
and compatible uses and shall not be used for any purposes. other than agri- cultural uses or compatible uses as specified in Exhibit "B" attached hereto,
ADDITION OR ELIMINATION OF AUTffORIZED USES,
of the City, by resolution, may from time to time during the term of this Contract or any renewals thereof amend the resolution establishing said Agricultural Preserve to add to those authorized uses or eliminate a use fisted in Exhibit "B" which authorized uses sha?l be irniform throughout said Agricul- tural Preserve; provided, however, no amendrrnent of such resolution during the term of this Contract or any renewal thereof so as to e3iminate any use shall
be applicable to this Contract unless the Owner consents to such elimination.
Section 6. POLICE POlslER. Nothing in the Contract shall be construed to limit the exercise by the City Council of the police power or the adoption or readoption or amendment of any zoning ordinance or land use ordinance, regula-
tion or restriction pursuant to the Planning and Zoning Law (Sections 65000
et seq., Government Code) or otherwise.
establishment or continuation of a use of real property contrary to any pro- vision of the Zoning Ordinance (Title 27 of the Carlsbad Municipal Code), any amendments thereto, heretofore or hereafter adopted-
Section 8. EMINENT DOPIAIN, (a) Except as provided in subdivfsion (d)
of this Section 8, when any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to this Contract is filed
or when such land is acquired in lieu of eminent domaint for a public improve- ment by a public agency or person or whenever there is any such action or acquisition by the Federal government or any person, instrumentality or agency acting under authority or power of the Federal government,, this Contract shall be deemed null and void as to the land actually being condemned or so acquired
as of' the date the action is filed and for the purposes of establishing the value of such land, this Contract shall be deemed never to have existed, Upon the termination of such proceeding, this Contract shall be nu77 and void as
to all land actually taken or acquired.
Except as provided in subdivision (d) of this Section 8, when such an action to condemn or acquire less than all of a parcel of land subject to
this Contract is commenced, this Contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the vafua-
tion process only as to the land actually being taken, unJess the remaining land subject to this Contract will be adversely affected by the condemnation,
in erhich case the value of that damage shall be computed without regard to
this Contract.
If either party
Section 4. AUTHORIZED USES.
Section 5. The City Council
Section 7. ZONING, This Contract shafl not be construed to authorize the
(b)
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(c) The land actually taken shall be removed from this Contract, Under -.
no circumstances shall land be removed that is not actually taken, except as
otherwise provided in the Act.
(d) The provisions of subdivkon (a) and (b) of this Section 8 shall not abply to or have any force or effect with respect to (1) the filing of any . action in eminmt domain for the condemnation of any easement for the erection, construction, alteration, maintenance, or repair of any gas, electric, nater or
communication facilities by' any public agency (including the City) or publjc utility or to the acquisition of any such easement by any public agency (including the City) or public utility, or (2) the filing of any action in eminent domain by any public agency (including the City) for the condemnation of the fee title or lesser estate for the establisfiinent, construction (including the widening and realignment) and maintenance of any road, street or highway, whether existing or planned for the future, depicted on the Circulation Element .
of the City of Carlsbad General Plan adopted by the City Council (including any amendments thereto adopted by said Council prior to the date of this Contract) or depicted on the plat attached to this Contract and rnarked Exhibit ''C" or to the acquisition of any such fee title or WSer eskk for such purposes by
the State of California or any public agency (including the City); arid the filing of any such action in eminent domain for the condemnation of 01- the acquisition
of any such ezsement, fee title or lesser estate shal? ~ct terninate, nullify cr void this Contract and in the event of the filing of any such actiorc in eminent .domain or acquisition this Contract shall be considered in the valuation process.
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Section 9, NO PAYMENT BY CITY. The Owner shall not receive any pay-
ment from the City in consideration of the obligations imposed hereunder,
it being recognized and agreed that the consideration for the execution of the
Contract is the substantial public benefit to be derived therefrom, and the advantage which will accrue to the Owner as a resu?t of the effect on the
assessed valuation of land described herein due to the imposition of the limit-
ations on its use contained herein.
Section 10- CANCELLATION. (a) The Owner may petitfon the City Council for cancellation of this Contract as to all or any portion. of the land which
is subject to this contract but this Contract may not be canceled in whcle or in part except by mutual agreement of the Owner and City pursuant to Section f 51282 of the Act (Government Code). City may only consent-to the cancellation of this Contract in whole or in part when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the Council finds (1) that the cancellation is not inconsistent with .
the purposes of the Act, (2) that the cancellation is in the public interest, and (3) that it is neither necessary nor desirable to continue the restric-
tions imposed by this Contract; provided, however, this-Contract shall not
be canceled until the hereinafter specified cancellation fee has been paid,
unless such fee or some protion thereof is waived or deferred pursuant to subdivision (c) of Section 51283 of the Act (Government Code). As provided
in said Section 51282, the existence of an opportunity for another use of the
land involved (Premises) shall not be sufficient reason for cancellation and a potential alternative use of the land nay be considered only if there is no proximate, noncontracted land suitable for the use to which it is proposed the land (Premises) be put. The uneconomic character of an existing agri- cultural use shall likewise not be sufficient reason for cancellation and tine
0 uneconomic charac of an existing agricultural use shall likewise not be sufficient reason for cancel lation and the uneconomic character of the exist- ing use may be considered only if there is no other reasonable or comparable
agricultural use to which the land (Premises) may be put,
(b) Prior to any action by the City Council giving tentative approval to the cancellation of this Contract, the County Assessor shall determine the full cash value of the land as though it were free from the restrictions of this Contract. The Assessor shall multiply such value by the most recent County
ratio announced pursuant to Section 401 of the Revenue and Taxation Code and shall certify the product to the City Council as the cancellation valuation
of the land for the purpose of determing the cancellation fee hereinafter spec-
ified.
(c) Prior to giving tentative approval to the cancellation of this
Contract the City Council shall determine and certify to the County Auditor the amount of the cancellation fee which the Owner must pay the County Treasurer as deferred taxes upon cancellation. Notwithstanding the provisions of sub-
division (5) of Section 51283 of the Act (Government Code), if cancellation
occurs within the first five-year period of the term of this Contract, the cancellation fee shall be 100% of the cancallation valuation of the land; jf cancellation occurs after the expiration of the first five-year period of this Contract the cancellation fee shall be an amount equal to 100% of the cancell-
ation valuation of the land less 5% of said cancellation valuation of each
year this Contract has remained in effect in excess of the aforementioned first five-year period; provided, however, in no event shall the cancellation fee be less than an amount equal to 50% of the canceJJation valuation of the land. If after the date this Contract is initially entered into the
publicly announced County ratio of'assessed to full cash value is changed, the percentage payment specified in this paragraph shall be changed SO no greater percentage of full cash value will be paid then would have been
paid had there been no change in such ratio.
(d} The City Council may waive or defer payment of the cancellation fee or any portion thereof in accordance with subdivision (c) of Section
51283 of the Act (Government Code). f
(e) Upon approval by the City Council of the above mentioned cancell- ation petition and payment of the cancellation fee, the City Clerk shall record in the office of the County Recorder a certificate which shall set
forth the name of the owner of such land at the tine the Contract is can- celed with the amount of the cancellation fee specified by the City Council. pursuant to Article 5 of the Act (Section 51281 et seq., Government Code) and a legal description of the property. From the date of:-recording of suck
certificate, this Contract or such portion thereof as is appropriate shall
be finally canceled.
Upon approval by the City Council of the above mentioned cancell-
ation petition and waiver or deferment in whole or in part of the cancellation
fee, the City Clerk shall record in the office of the County Recorder a certificate which shall set forth the name of the owner of such land at the time the contract is canceled with the amount of the cance?lation fee spec- ified by the City Council as being due pursuant to Article 5 of the Act (Section 5728l et seq., Government Code), the contingency of such waiver or deferment of payments, and a legal description of the property. date of recording of such certificate the Contract shall be finally canceled, .
(f)
From t'ne
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and to the cancellation fee has not paid or waived, a 1,
l i en shall be created and attached against the real property described-there- in and any other real property owned by the person named therein as the o:vner and located within this City. Such lien shall be in favor of the
City, shall have the force, effect and priority of a judgment lien and shall remain in effect until the unwaived portion of the cancellation fee is paid: in full, Upon the payment of the cancellation fee or any portion thereof, the City Clerk shall record with the County Recorder a written certificate of the release in whole or in part of said lien.
Section 17. DIVISION OF LAND - MINIPIUM SIZE PARCELS. The Olcrner shall
not divide the Premises contrary to the restrictions on the division of Premises as set forth in Exhibit "B" attached hereto.
Section 12. CONTRACT BIDS SUCCESSORS. The tem "Owner" as used in
this Contract shafl include the singular and plural and this Contract shall be binding upon the inure to the benefit of a13 successors in interest of the Owner including but not limited to heirs, executors, administrators, In the event the land under this Contract or any portion
thereof is divided, the Owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the Owner in the original Contract including the right to give notice of non- renewal and to petition for cancellation. the owner of a parcel created by the division of land or any portion thereof
subject to this Contract shall not be imputed to the owners of the remaining parcels and shall have no effect on this Contract as it applies to the re- maining parcels of the divided land.
, and assignees.
The effect of any such action by
Section 13. REMOVAL OF LAND FROM PRESERVE. Removal of any land under this Contract from an agricultural preserve, either by change of boundaries
of the preserve or disestablishment of the preserve shall be the equivalent of a notice of nonrenewal by the City; provided, ~o%ver, that the City shall, at least 60 days prior to the next renewal date following the removal, serve a notice of nonrenewal as provided in Section 51245 of the Act (Government
Code). Such notice of nonrenei,.ral shall be recorded as provided in Section
51 248 of thp Act (Government Code).
Section 14. CONVEYANCE CONTRARY TO CONTRACT. Any conveyance, contract or authorization (whether oral or written) by the Ownet- or: his successors in interest which would pe*rmit the use of the Premises or create a division of the Premises contrary to the terms of this Contract, or any renewal thereof.
may be declared void by the City Council; such declaration or the provisions
of this Contract may be enforced by the City by an action filed in the Superior Court of the County for the purpose of compelling compliance or restraining
a breach thereof.
Section 15. OWNER TO PROVIDE INFORNATION- The Om&, upon request of
the City, shall provide information relating to the Ownw-'s obligations under
this Contract.
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5'78 e
Section 16. in addition to any other method authorized by law, be given by United States
mail, postage prepaid.
NOTICE. Any notice given pursuant to this Contract may,
Notice to the City shall be addressed as follow:
City Clerk City cf Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Notice to the Owner shall be addressed as follows:
Carl tas Cofp.
P.0. Box 488
Erivinitas, CA 92024
IN WITNESS WHEREOF, the Owner and the City have executed this rnni-rar+ -- -.
STATE OF CALIFORNIA } ss. 579
CO~ST~ OF- SBN DmO--
0 .. - ?,ozmmUm 10, 1776 .___- before me,
r, e undersinned, a Notary Public in and for said Coilllty and State,
personally appeared ~~~---,
'"'known to me to he thexa-President, and-- ' Ro Lo BBLICIQXS!XFF' , known to me to I)e
TRZ&&L.'IB-+-f the corporation that executed tI:e
within Instrument, known to me to he the persons who executed the within Instniment on tiehalf of the corporation therein named, and
scknowledged to me that such corporation executed the within instrument pursuant to its by-law or a resolutiorl of its board of
directors.
~
FOR NOTARY SEAL OR STAMP
1 -- _- hereby executed on behalf of the-Citi Coltncil of
said City of Carlsbad pursuant to authority con-
ferred b-y City Council Resolution No; 3853 .
officer.
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Section 76. NOTICE. Any notice given pursuant to this Contract may,
jn addition to any other method authorized by law, be given by United States
maif, postage prepaid. Notice to the City shall be addressed as follows:
City Clerk City cf Carlsbad 1200 Elm Avenue
f P $ 3 w 5 Carlsbad, CA 92008
Notice to the Owner shall be addressed ds follows:
Carl tas Co~p. P.O. Box 488
Envinitas, CA 92024
IN MTNESS GJHEREOF, the Owner and the City have executed this Contract
on the day first above written.
NOTE:
1 ROBERT C. FRAZEE, Mayor f the
This is lo certify that the foregoing contract is hereby executed on behalf of the City Comci? of
said City of Carlsbad pursuant to authority con- ferred by City Council Resolution No: ‘*.I, __ 3853 + .. adopted on February .- 17, 1976 and the City ,..‘L. ------L- .
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EXHIBIT A
f
LEGAL DESCRIPTION
i ..
That portion of Lot F, Lot G and Lot H of the Rancha Agua Hedionda, in the County of San Diego, State of Californiz, according to Map
thereof No, 823 on file in the Office of the COLEIQJ kcorder of said County lying Northerly of Road Survey No- 1534 (Palomar Airport Road) on file in the Office of the county EnginWP Of" .Said County and located
within the following described line:
COMMENCING at Engineers Station 43W6.41 as Shown On ,said Road Suryey No. 1535 (Palomar Airport Road); thence along -the centerline of said
Road Survey North 87" 50' 28" blest, 565.00 feet to the TRUE POINT OF BEGINNING; thence leaving said center] ?ne North 72" 00' 00" West,' about 2625.00 feet; thence South 67" 30' 38" Idest, 132-00 feet; thence North
69" 05' 00" blest, 990.00 feet; thence South 67" 30' 38" Nest, 1160,Oo
feet to an intersection with the Westerly line of land conveyed to Carttas Corporation; thence along said line North 22" 35' 15" blest, about 2748-00 feet to Sb !intersection with the centerline of Cannon
Road , said intersection being the Northwesterly corner of 1 and conveyed to CarItas Corporation; thence continuing along a convex curve with a
radius of 1000-00 feet, about 290.00 feet.(said radius being the Easterly extension of the centertine of Cannon Road and a portion of the Northerly
line of land conveyed to Carltas Corporatibnj; -thence continuing along
said Northerly line South 79" 05' 50" East, 2067.22 feet to the beginning of a concave curve with a radius of 2000.00 feet; thence along said curves
232.49 feet to the end of said curve; thence South 85" 28' 16" East, .-:
2757.69 feet to the beginning of a concave curve S'ljLLki a radius of 200o,r~(-~
feet; thence continuing along said curve, 487.59 feet to. the end of said curve: thence North 80° 43' 25" East, 321.54 feet to the Northeasteyly' corner of land conveyed to Carltas Corporation; thence afong the Easterly line of said conveyed land South 0" 32' OO'fi East, 4083-00 feetta an intersection with the centerline of said Road Survey No, 1534 (palomar Airport Road) ; thence a?ong.said center1 ine South 70" 45' 53" West, 515-18 feet to the beginning of a convex curve with a radius of 2000,0# feet; thence continuing- along sa7.d curve, 76-79 feet to the end of said curve; thence along said centerline North 87" 50' 28" West, 620.00 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT B
AGRICULTURAL PRESERVE NO. 76-1
Sectiori 1.
a)
In the above named Agricultural Preserve only the fo]?Ow-
ing uses are permitted:
The following agricul turaf uses:
Cattle, sheep, goats and swine production, provided that the
number of any one or combination of said animals shall not exceed one animal per half acre of lot area', Said animzls shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned
for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses where a habitable structure is not involved,
distance from the parcel zoned for residential uses shall be the greater of the distances so indicated;
Crop production;
In any event, the
Floriculture;
Greenhouses;
Horses, private use;
Nursery crop production;
Poultry, rabbits, chinchillas, hamsters and other small ani- mals provided not more than twenty-five of any one or combina- tion thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shaff they be locaf-ed within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. parcel zoned for residential uses shall be the greater of the
distances so indicated;
In any event, the distance.from the
Roadside stand for display and sale of products produced on the same premises, provided that the f'loor area shalj not exceed two hundred square feet and is located not nearer than
twenty feet to any street or highway;
Tree farms;
Truck farms;
Wildlife refuges and game preserves;
12) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture,
13) The foltowing uses if necessary and incidental to the agri- cultural use of the land:
a) Accessory uses and accessory buildings and structures,
including but not limited to private garages, children's playhouses, radio and tefevis?on receiving antennas, windmills, silos, tank houses, S~OPS, barns, offices,
coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses;
Dogs, cats and other domestic pets, provided not more
than four dogs or four cats older than six months or any combination thereof shall be kept on any lot or
parcel of land; .I
b)
c) Farmhouse, single-family dwglling;
d) Guest house;
e) Home oppupation.
b) The following compatible uses, provided a conditional use pemit
authorizing such use is issued by the Planning Commission or City
be applied for, considered, granted or denied in the manner pre- scribed by the Zoning Ordinance of the City of Carlsbad for the application for, consideration, granting or denying of applications for conditional use permits under that ordinance.
. Council of the City of Carfsbad. Such conditional use permit shall '
1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park,
"Ra8 zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the
apiary g,
2) Aviaries;
3) Foultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020;
4) Farm employee housing for persons working on site, provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty
feet from any lot line;
5) Hay and feed stores;
6) Nurseries, retai 1 and who1 esa? e:
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583 .
sheds or small processing for farm croDs.
similar to those being grown on the premises, provideh such processing plant is located within fifty feet of any lot line;
8) Public works projects;
9) Sanitary landfills, temporary;
10)
Section 2.
Stables and riding academies, public;
Notwithstanding the provisions of Section 7, no dwelling,
guest house, farm employee housing or farm labor camp shall be constructed, erected or maintained upon any premises containing an area of less than 10 acres; provided, however, one single family dwelling may be constructed 2nd
maintained on the premises subject to this Contract.
Section 3. Nothing herein shall be construed to authorize the establish-
ment or continuation of a use of real property contrary in any provision of the
Zoning Ordinance of the City of Carlsbad including any amendments thereto, heretofore or hereafter adopted.
Section 4. The premises subject to this Contract shall not be divided
so as to create a parcel of land having an area of less than 10 acres, pro- vided that this restriction shall not be construed as prohibiting the owner
of premises having an area of more than 10 acres (hereinafter referred to as
the Grantor) from convsying to the owner of contiguous premises subject to a Contract of equal or longer unexpired term a parcel containing less than 10 acres for the purpose of enlarging such contiguous premises where the remainder of the Grantor's premises after such conveyance has an area of not less than 10 acres.
Section 5. "Area" MEHIS an area of land inclusive of that land \qjtt.rifi
easements or rights of way for roads, streets and/or highways,
Section 6. Definitions. The definition of words set forth in the
Zoning Ordinance of the City of Carlsbad shall apply to the trcrds used herei n unl ess othewi se speci fi cal f y def i ned herei n -
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