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Home My WebLink About1987-11-12; Planning Commission; Resolution 2689,- I/ 0 e I 1 2 3 4 5 6 7 a 9 10: 11 12 13 PLANNING COMMISSION RESOLUTION NO. 2689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND CONSERVATION CONTRACT FOR AGRICULTURAL PRESERVE NO. 76-1 WHEREAS, a verified request for an amendment to the Land Conservation Contract for Agricultural Preserve No. 76-1, as shown on Exhibit llD1l and llD1ll, dated November 4, 1987, attached and incorporated herein, has been filed with the Planning Commission; and WHEREAS, said verified application constitutes a request for amendment as provided in Section 51257 of the California Government Code; and WHEREAS, the Planning Commission did, on the 4th and on the 12th day of November, 1987, hold a duly noticed public 14 I Preserve No. 76-1 Amendment. 19 relating to the Land Conservation Contract for Agricultural 18 desiring to be heard, said Commission considered all factors 17 considering all testimony and arguments, if any, of all persons 16 WHEREAS, at said public hearing, upon hearing and 15 hearing as prescribed by law to consider said request; 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 24 B) That based on the evidence presented at the public hearing, 23 A). That the above recitations are true and correct. 22 Commission of the City of Carlsbad, as follows: the Commission recommends APPROVAL of the proposed amendments to the Land Conservation Contract for Agricultural Preserve No. 76-1, as shown on Exhibit IlDIl and 25 llD1ll, dated November 4, based on the following findings: 26 ... 27 28 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 Findinss : 1) The land subject to the boundary adjustment is within the Mello I1 segment of Carlsbad's Coastal Zone and therefore the boundary adjustment is subject to Coastal Commission approval. The Planninq Commission finds: 2) That all of the land necessary for the boundary amendment is located in the City of Carlsbad within the County of San Diego, and that the County of San Diego has population in excess of 1,500,000. 3) That at least 50% of the land presently subject to Agricultural Reserve Contract No. 76-1 shall remain subject to the contract. 4) That the land to be added to the contract is equal to or larger in size than the land to be removed from the contract. 5) That the land to be added to the contract is equally or more suitable for agricultural use than the land to be removed from the contract. This determination is based on the analysis contained in the staff report to the Planning Commission dated November 4, 1987. 6) That the fair market value of the land to be added to Agricultural Preserve Contract No. 76-1 is equal to or greater than the fair market value of the land to be removed from the contract as of the date of the proposed boundary agreement. 7) That the Agricultural Preserve Contract No. 76-1 has been in effect for at least 10 years prior to the date of the proposed boundary amendment. 8) That the boundary amendment is consistent with the applicable provisions of Carlsbad's current General Plan, and the General Plan designation of the land being removed from Agricultural Preserve Contract No. 76-1 has been changed by amendment to Carlsbad's General Plan after the . land became subject to the Agricultural Preserve Contract NO. 76-1. 9) The land to be added to Agricultural Preserve Contract No. 76-1 is in San Diego County, and within a contiguous body of land under Agricultural Preserve Contract 76-1. 10) The proposed boundary agreement is consistent with the findings required by Section 51282, except that the City PC RES0 NO. 2689 2 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 shall not be required to find that the boundary adjustment is for land on which a notice of nonrenewal has been served. 11) The proposed amendment to the Land Conservation Contract for Agricultural Preserve No. 76-1 will not cause any significant environmental impacts and a negative declaration has been issued by the Planning Director on September 11, 1987, and recommended for approval by the Planning Commission on November 12, 1987. 12) This approval is contingent upon approval by the California Coastal Commission (CCC) . If the CCC denies or modifies this approval, the approval becomes null and void unless the City amends the approval to be consistent with the CCC modifications. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of November, 1987, by the following vote,, to wit: AYES : Chairman Marcus, Commissioners: McBane, Hall, Schramm, Holmes & Schlehuber. NOES : Commissioner McFadden. ABSENT : None. ABSTAIN: None. d A9 z87Ln9 "Wj, ? /7 CUS, Chairperson NING COMMISSION ATTEST: Planning Director PC RES0 NO. 2689 3 I 0 e EXHIBIT D 11/4/87 FIRST - TO LAND CONSERVATION CONTRACT A-icultural Preserve No. 76-1 By this first amendment dated , 1987, Carltas Company, a California Limited Partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as ttOwnerlg) and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as "City"), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the llContractv*) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of California in light of the following facts and circumstances: A. Pursuant to the provisions of Section 51257 of the Government Code of the State of California, subdivision (c), the Owner has petitioned the City to permit a boundary adjustment to add properties to Agricultural Preserve No. 76-1 and to delete other properties of identical acreage from said preserve. t B. The City and California Coastal Commission have made all determinations required under Section 51257 that such boundary adjustment should be made and that the amendment stated herein is appropriate, and is consistent with the intent of Section 51257 in the development of a Local Coastal Program with provision for long term preservation of agricultural lands. C. Owner and City desire to further amend the contract to specify 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 this amendment, the land depicted on the attached Exhibit 1gD118, dated, November 4, 1987, as "New Contract Land" shall hereinafter be subject to the Contract and the land designated as ItCarlsbad Car Country Phase Illt shall be deleted and no longer subject to the Contract. There shall be no net loss of land under Land Conservation Contract Agricultural Preserve No. 76-1 due to this boundary amendment. Section 2. TERM. For purposes of the determination of the term of this agreement with respect to the New Contract Land, hereinmade subject to the Contract and previously not subject to the Contract, the term shall be for 15 years from the effective date of this amendment and Owner hereby waives the right to cancel this agreement as to such property for a period of five years commencing on the effective date of this amended contract. 0 0 Section 3. SPECIFIC USES. The list of uses delineated in subpart of B of Exhibit trB'r to the Contract are hereby amended to add the following: (11) Botanical gardens, arboretums, and other related and supporting facilities for the display, and education about, agricultural and floral products produced within Carlsbad and surrounding region; (12) Farmer's markets or similar facilities for the exclusive sale of agricultural and floral products produced within Carlsbad and surrounding region; (13) A floral auction and related facilities which provide financial support to flower growers within Carlsbad and the surrounding region. Section 4. CHANGE IN NOTICE. Pursuant to the provisions of Section 16 of the Contract, notice to Owner shall be addressed as follows: Carltas Company, a California Limited Partnership 4401 Manchester Avenue, Suite 206 Encinitas, California 92024 * Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10, 1976, is hereby ratified and confirmed. Executed on the date first written above. Section 6. RECORDATION. The Owner shall record this admendment as per Section 51283.4 of the California Government Code. Section 7. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-1 shall not occur until all conditions and contingencies specified in the agreements have been satisfied. Carltas Company, a California Limited Partnership By : Paul Ecke, Jr., General Partner ttOWNERtt City of Carlsbad, a Municipal Corporation By : Claude Lewis, Mayor "CITY I' [Notarial Acknowledgements] .- '. a 0 EXHIBIT Dl 1 eih * I 11/4/87 I -oposed Agricultural Preserve 76- I Boundary Amend. 30riginal 1976 Agricultural Preserve Contract Boundary 4Gd to the Preserve (New Contract Land) BOUNDARY AMENDMENT 5( ]Removed .._. from the Preserve /-