HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3482' I1 a a
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PLANNING COMMISSION RESOLUTION NO. 34-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND
CONSERVATION CONTRACT FOR AGRICULTURAL
CASE NAME: CARLSBAD RANCH SPECIFIC PLAN
PRESERVE NO. 76-01.
CASE NO: AP 76-01(CI
WHEREAS, a verified request for an amendment to the Land conservation
Contract for Agricultural Preserve No. 76-01, as shown on Exhibit "A", dated January 6:
1993, attached and incorporated herein, has been filed with the Planning Commission:
and
WEREAS, said verified application constitutes a request for amendmen
as provided in Section 51257 of the California Government Code; and
WHEREAS, the Planning Commission did, on the 6th day of January, 1993
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering d
testimony and arguments, if any, of all persons desiring to be heard, said Plannin
Commission considered all factors relating to the Land Conservation Contract fc
Agricultural Preserve No. 76-01 (C) Amendment.
THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of tl
City of Carlsbad:
1. That the above recitations are true and correct.
2. That based on the evidence presented at the public hearing, the Plannit
Commission RECOMMENDS APPROVAL of the proposed amendments to tl
Land Conservation Contract for Agricultural Preserve No. 76-01 (C),
shown on Exhibit "A'', dated January 6, 1993, based on the followil
findings:
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FiIldiIlm:
1. This proposed amendment which would allow public recreational uses within 1
agricultural preserve is consistent with State Law as Section 51205 of i
California Government Code specifies that land devoted to recreational use n
be included within an agricultural preserve.
2. The proposed amendment is also consistent with provisions of the Lz
Conservation Contract for the property which limits the use of the premises
agricultural and compatible uses, recrebtional uses or open space uses or so
combination thereof.
3. The land subject to the boundary adjustment is within the Mello II segment Carlsbad's Coastal Zone and therefore the boundary adjustment is subject Coastal Commission approval.
4. The proposed amendment to the Land Conservation Contract for Agricultt
Preserve No. 76-01 will not cause signillcant environmental impacts
demonstrated in Program EIR 91-03.
5. This approval is contingent upon approval by the California Coastal Commiss
(CCC). Ifthe CCC denies or modifies this approval, the approval becomes null z
void unless the City amends the approval to be consistent with the C
modifications.
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PC RES0 NO. 3482 -2-
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/I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin; 1
2 Commission of the City of Carlsbad, California, held on the 6th day of January, 1993, b
3 I/ the following vote, to wit:
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AYES: Chairperson Noble, Commissioners: Schlehuber, Schramn Welshons, Savary & Hall.
NOES: Commissioner Erwin.
ABSENT: None. 1
8 11 ABSTAIN: None.
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CLiLLy i, ,'..I t ;LI e
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BAILEY NOBLE, Chairperson
~ CARLSBAD PLANNING COMMISSION
ATTEST:
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15 MICHAEL J. HXZMILMR
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PLANNING DIRECTOR
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EXHIBIT "A"
JANUARY 6,1993
THIRD AMENDMENT TO
LAND CONSERVATION CONTRACT
AgricuItural Preserve No. 76-01
Application No. Ap 76-01(C)
By this third amendment dated , 1993, 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 Carltas Corporation and
the City of Carlsbad (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, 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. SPECIFIC USES. The list of uses delineated in sub-part B of Exhibit "B"
to the contract are hereby amended to add the following:
(16) Public recreational uses (including golf courses) otherwise consistent with open
space uses.
Section 2. 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
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
Section 3. 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 4. €&CORDATION. The Owner shall record this amendment.
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Section 5. AMENDMENT PROCEDURES. Amendment of this amendment of
Land Conservation Contract Agricultural Preserve No. 76-01 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
"OWNER"
City of Carlsbad, a Municipal Corporation
By:
Claude A. Lewis, Mayor
"CIW
(Notarial Acknowledgements)
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