HomeMy WebLinkAbout1988-10-19; Planning Commission; Resolution 278711 m e
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PLANNING COMMISSION RESOLUTION NO. 2787
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN
AMENDMENT TO THE LAND CONSERVATION CONTRACT FOR AGRICULTURAL PRESERVE NO. 76-1. APPLICANT: CARLTAS CARLSBAD RANCH CASE NO. : AGRICULTURAL PRESERVE 76-1B
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WHEREAS, a verified request for an amendment to the Land
Conservation Contract for Agricultural Preserve No. 76-1, as shown
on Exhibit ItAtt, dated October 19, 1988, 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 19th day
of October, 1988, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Land Conservation Contract for Agricultural
Preserve No. 76-1B Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission DENIES the proposed amendments to the Land Conservation Contract for Agricultural Preserve No. 76-1, as shown on Exhibit ttXt*, dated October 19, 1988 based on the
following findings:
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i e 0 /j 11 ' 11 Findinqs:
2 11 l) That based on the information presented it was not possible
3 1' to determine if the land added to the contract was of the
I Same fair market value as land being removed. 4)
5 I, Genera1 Plan and city goals and standards regarding j; 2) That the land swap as proposed may be incompatible with the
1~ Preservation Of ridges and hillsides.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the ' 11
1' P1anning Commission of the City Of Carlsbad, California, held on it
8// the 19th day of October, 1988, by the following vote, to wit:
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AYES : Chairperson McFadden, Commissioners: Schramm, Holmes
NOES :
ABSENT: Commissioner Hall.
ABSTAIN: None.
and Erwin.
Commissioners : Marcus and Schlehuber.
CARLSBAD PLANNING COMMISSION
I' 1 ATTEST:
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~ PLANNING DIRECTOR
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'/' iL&&>L(.<x+L-. ,Y F - -
MICHAEL J. HOLZMILLER~Y
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EXlfLBIT A
AWA WED(oo1 UoooW
PAUC ocuI(
AGRICULTURAL PRESERVE BOUNDARY AMENDMENT
rn Added to the Preserve (52 ac-1 LTj Removed from the Preserve(52 a ..... ... :.......i Existing DeveLopable Area (outside preserve)
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EXHIBIT X
10/19/8a
SECOND AMENDMENT TO LAND CONSERVATION CONTRACT
Aqricultural Preserve No. 76-1
By this second amendment dated , 1988, Carltas Company, a California Limited partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as "Owner") 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 Carl tas Corporation and the City of Carl sbad (the "Contract") 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.
B. The City and California Coastal Commission have made a?? determinations required under Section 51257 that sub 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 EOUNDARY. Effective on the date of this
amendment, the land depicted on the attached Exhibit "A", dated October 19, 1988, as "New Contract Land" shall hereinafter be subject to the Contract and the land located along the north/south trending ridge/valley system shall be deleted and no longer subject to the Contract. There shall be no net 1 oss of land under Land Conservation Contract Agricultural Preserve No. 76-1 due to this boundary amendment.
Section 2. m. For purposes of the determination of the term of this
agreement with respect to the New Contract Land, herein made 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.
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Section 3. 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 4. 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 5. RECORDATION. The Owner shall record this amendment as per
Section 6. 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.
Section 52183.4 of the California Government Code.
Carltas Company, a California Limited
Partnership
By : Paul Ecke, Jr., General Partner "OWNER'
City of Carlsbad, a Municipal Corporation
By : Claude A. Lewis, Mayor "CITY"
(Notari a1 Acknowledgements)