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HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3482' I1 a a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 0 0 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I... .... "" .... ..I. .... .... .... .... .... PC RES0 NO. 3482 -2- - II 0 0 /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: 4 5 6 7 AYES: Chairperson Noble, Commissioners: Schlehuber, Schramn Welshons, Savary & Hall. NOES: Commissioner Erwin. ABSENT: None. 1 8 11 ABSTAIN: None. 9 10 11 12 13 CLiLLy i, ,'..I t ;LI e &- BAILEY NOBLE, Chairperson ~ CARLSBAD PLANNING COMMISSION ATTEST: 14 15 MICHAEL J. HXZMILMR 16 17 PLANNING DIRECTOR 18 19 ! 20 21 22 23 24 25 26 27 PC RES0 NO. 3482 -3- 28 *. I- \ e 0 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. 41 >\ f' ' 4D m 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) -