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Home My WebLink About1988-09-27; City Council; Resolution 88-351.q .). a 0 EXHlB 1 2 3 4 5 6 7 8 9 PO 11 12 13 14 15 16 17 18 19 2o ~ 21 1 22 23 24 RESOLUTION NO. 88-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE LAND CONSERVATION CONTRACT FOR AGRICULTURAL PRESERVE NO. 76-1. APPLICANT: CARLTAS CARLSBAD RANCH CASE NO.: AGRICULTURAL PRESERVE 76-1B WHEREAS, a verified request for an amendment to Conservation Contract for Agricultural Preserve No. 76-1, on Exhibit ttAtt, dated November 1, 1988, attached and incol herein, has been filed with the City Council; and WHEREAS, said verified application constitutes a for amendment as provided in Section 51257 of the Ca: Government Code: and WHEREAS, the City Council did, on the 1st November, 1988, hold a duly noticed public hearing as prc by law to consider said request; and WHEREAS, at said public hearing, upon hear considering all testimony and arguments, if any, of all desiring to be heard, said City Council considered all relating to the Land Conservation Contract for Agric Preserve No. 76-1B Amendment including review of : Commission recommendations. THEREFORE, BE IT HEREBY RESOLVED by the City of the City of Carlsbad, California: 1. That the above recitations are true and co 2 That based on the evidence presented at thl 25 26 27 hearing, the City Council APPROVES the proposed amendment Land Conservation Contract for Agricultural Preserve No. 28 .* .. e 0 1 2 3 4 5 shown on Exhibit IrXt1, dated November 1, 1988 based following findings: Findinqs: 1) The land subject to the boundary adjustment is wit1 Mello I1 segment of Carlsbadls Coastal Zone and theref boundary adjustment is subject to Coastal Corm approval . 611 The Plannincr Commission Finds: 7 2) a 9 10 11 12 3) 4) That all of the land necessary for the boundary amen& located in the City of Carlsbad within the County Diego, and that the County of San Diego has populat excess of 1,500,000. That at least 50% of the land presently subje Agricultural Reserve Contract No. 76-1 shall remain : to the contract. That the land to be added to the contract is equal larger in size than the land to be removed from the c( 13 5) That the land to be added to the contract is equally I suitable for agricultural use than the land to be 3 14 from the contract. This determination is based ' analysis contained in the staff report to the PI 15 Commission dated October 19, 1988. 16 6) That the fair market value of the land to be ad Agricultural Preserve Contract No. 76-1 is equal from the contract as of the date of the proposed bc 17 18 greater than the fair market value of the land to be 1 I 7) That the Agricultural Preserve Contract No. 76-1 has 1 19 agreement. effect for at least 10 years prior to the date proposed boundary amendment. 2o I 21 22 23 24 25 26 27 8) That the boundary amendment is consistent with the app: provisions of Carlsbadls current General Plan, a General Plan designation of the land being remove Agricultural Preserve Contract No. 76-1 has been chal amendment to Carlsbadls General Plan after the land subject to the Agricultural Preserve Contract No. 76- 9) The land to be added to Agricultural Preserve Contrz 76-1 is in San Diego County, and within a contiguous I land under Agricultural Preserve Contract 76-1. 10) The proposed boundary agreement is consistent wi findings required by Section 51282, except that th 28 - -2- .> ,I 0 0 shall not be required to find that the boundary ad: 1 is for land on which a notice of nonrenewal has been 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11) The proposed amendment to the Land Conservation Cont: Agricultural Preserve No. 76-1 will not cause sigl environmental impacts and a Conditioned Negative Dec: has been issued by the Planning Director on October 1; and recommended for approval by the Planning Commi! October 19, 1988. 12) This approval is contingent upon approval by the Cal Coastal Ccnnmission (CCC). If the CCC denies or modif: approval, the approval becomes null and void unless 1 amends tlhe approval to be consistent with t modifications . PASSED, APPROVED AND ADOPTED at a regular meetin City Council of the City of Carlsbad, California, held or 1st day of -November 1988, by the following vote, t AYES:: Council Members Lewis, Kulchin, Pettine, Mamaux NOES :: None ABSENT : None ABSTAIN : None 18 19 ATTEST: 20 1 ” R h?a ALETHA L. RAUTENKRANZ, City \Clerk 21 22 23 ( SEAL) 24 25 26 27 28 3 .' m e EXH Nov SECOND AMENDMENT TO LAND CONSERVATION CONTRACT Aqricul tural Preserve No. 76-1 By this second amendment dated , 1988, Ca Company, a California Limited partnership, successor in interest as own Carltas Corporation, (hereinafter referred to as "Owner") and the Cij Carlsbad, a political subdivision of the State of California, (herein referred to as "City"), the Land Conservation Contract dated February 10, by and between Carl tas Corporation and the City of Carlsbad (the ''Contract hereby amended pursuant to the provisions of Section 51257 of the Government of the State of California in light of the following facts and circumstan, A. Pursuant to the provisions of Section 51257 of the Government of the State of California, subdivision (c), the Owner has petit the City to permit a boundary adjustment to add propertic Agricultural Preserve No. 76-1 and to delete other propertic identical acreage from said preserve. B. The City and California Coastal Commission have made determinations required under Section 51257 that sub boun adjustment should be made and that the amendment stated herei appropriate, and is consistent with the intent of Section 5125 the development of a Local Coastal Program with provision for term preservation of agricultural lands. C. Owner and City desire to further amend the contract to spc certain conditional uses permitted under the Williamson Act. THEREFORE, it is agreed between Owner and City as follows: Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of amendment, the land depicted on the attached Exhibit "A", dated November 1,1 as "New Contract Land" shall hereinafter be subject to the Contract and the located along the north/south trending ridge/valley system shall be deleted no longer subject to the Contract. There shall be no net loss of land under Conservation Contract Agricultural Preserve No. 76-1 due to this bounc amendment. Section 2. m. For purposes of the determination of the term of agreement with respect to the New Contract Land, herein made subject to Contract and previously not subject to the Contract, the term shall be fo, years from the effective date of this amendment and Owner hereby waives the r to cancel this agreement as to such property for a period of five y commencing on the effective date of this amended contract. .< a e Section 3. CHANGE IN NOTICE. Pursuant to the provisions of Sectj of the Contract, notice to Owner shall be addressed as follows: Carl tas Company, a Cal ifornia Limited Partnership 4401 Manchester Avenue, Suite 206 Encinitas, California 92024 Section 4. RATIFICATION AND AFFIRMATION OF CONTRACT. Excel hereinabove set forth, the land conservation contract dated February 10, is hereby ratified and confirmed. Executed on the date first written ab01 Section 5. RECORDATION. The Owner shall record this amendment a Section 52183.4 of the California Government Code. Section 6. AMENDMENT PROCEDURES. Amendment of this amendment of Conservation Contract Agricultural Preserve No. 76-1 sh-all not occur unti conditions and contingencies specified in the agreements have been satisf Carltas Company, a California Limited Partnership By: Paul Ecke, Jr., General Partner "OWNER" City of Carlsbad, a Municipal Corporation By: C1 aude A. Lewis, Mayor "CITY" . (Notarial Acknowledgements) I L ,% e" Agricultural Preserve Boundary Amendment EXHIBIT "A NOVEMBER ' VAAdded to the Preserve (52 Acres) Fl b-8 8 Removed from the Preserve (52 Acres)