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HomeMy WebLinkAboutCarltas Corporation; 1976-02-10;LAND CONSERVATION CONTRACT Agricultural Preserve No. 76-'] THIS CONTRACT, made and entered into this 10th day of February 19 76 , by and between 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": • W I T N E S S E T H: • ' . WHEREAS, the Owner represents that he is the[owner of certain land "located in the City of Carlsbad, County of San Diego, State of California, which land is presently devoted to agricultural uses,-recreational uses, open space, or combination thereof, as authorized in Exhibit "B" attached • hereto and lies within an agricultural preserve heretofore established or to be established and designated the ECKE (CARLTAS) Agricultural Preserve No. 76-1, said land being more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the Premises; and' WHEREAS, the Owner and the City desire to limit the use of Premises to agricultural and compatible uses, recreational uses or open space uses or some combination thereof: IT IS AGREED by and between the Owner and the City as follows: Section 1. CONTRACT. This is a "Contract" made pursuant to the California Land Conservation Act of 1965, as amended as of the date first above written, including amendments enacted at the 1970 Regular Session of the California Legislature, (hereinafter referred to as the "Act") and is applicable to the Premises. Section 2. TERM. -This Contract shall take effect on February 171 -\g 76 t and shall remain in effect for a period of ten years therefrom and during any renewals of this Contract. Section 3. RENEWAL. NOTICE OF NONRENEWAL. This Contract shall be automatically renewed for a period of one year on the first day of the first January after the effective date and on the first day of each January there- after unless written notice of nonrenewal is served by the Owner on the City at least 90 days prior to said date or written notice of nonrenewal is served by the City on the Owner at least 60 days prior to said date. Under no circumstances shall a notice of renewal to either party be required to effect- uate the automatic renewal of this Contract. Upon receipt by Owner of a notice from City of nonrenewal, the Owner may make written protest of such nonrenewal. City may at any time prior to the renewal date withdraw the notice of nonrenewal. Upon request of Owner, ?£] PRIVETN H k! i?i w-» t.;••-,' »v-' ..o •',' /:v i-'•:••'••;.:• f-u • •••".' f-f A ^S^ijLJ/lviN&lfe U'^Vr. the City Council may authorize Owner to serve a notice of nonrenewal on a portion of the land which is the subject of this Contract. If either party serves notice of intent in any year not to renew this Contract, this Contract shall remain in effect for the balance of the period.remaining on the term since the original execution or the last renewal of this Contract as the case may be. . Section 4. AUTHORIZED USES. During the term of this Contract and any and all .renewals thereof, the Premises shall be devoted to agricultural uses and compatible uses and shall not be used for any purposes: other than agri- cultural uses or compatible uses as specified in Exhibit "B" attached hereto. Sections. ADDITION OR ELIMINATION OF AUTHORIZED USES. The City Council of the City, by resolution, may from time to time during the term of this Contract or any renewals thereof amend the resolution establishing said Agricultural Preserve to add to those authorized uses or eliminate a use listed in Exhibit "B" which authorized uses shall be uniform throughout said Agricul- tural Preserve; provided, however, no amendment of such resolution during the term of this Contract or any renewal thereof so as to eliminate any use shall be applicable to this Contract unless the Owner consents to such elimination. Section 6. POLICE POWER. Nothing in the Contract shall be construed to limit the exercise by the City Council of.the police power or the adoption or readoption or amendment of any zoning ordinance or land use ordinance, regula- tion or restriction pursuant to the Planning and Zoning Law (Sections 65000 et seq., Government Code) or otherwise. . Section 7. ZONING. This Contract shall not be construed to authorize the establishment or continuation'of a use of-real property contrary to any pro- vision of the Zoning Ordinance (Title 21 of the Carlsbad Municipal Code), any amendments thereto, heretofore or hereafter adopted. Section 8. EMINENT DOMAIN, (a) Except as provided in subdivision (d) of this Section 8, when any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to this Contract is filed or when such land is acquired in lieu of eminent domain for a public improve- ment by a public agency or person or whenever there is any such action or acquisition by the Federal government or any person, instrumentality or agency acting under authority or power of the Federal.government,, this Contract shall be deemed null and void as to the land actually being condemned or so acquired as of the date the action is filed and for. the purposes of establishing the value of such land, this Contract shall be deemed never to have existed. Upon the termination of such proceeding, this Contract shall be null and void as to all land actually taken or acquired. (b) Except as provided in subdivision (d) of this Section 8, when such an action to condemn or acquire less than all'of a parcel of land subject to this Contract is commenced, this Contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valua- tion process only as to the land actually being taken, unless the remaining .land subject to this Contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to this Contract. . (c) The land actually taken shall be removed from this Contract. Under no circumstances shall land be removed that is not actually taken, except as otherwise provided in the Act. • . ' ' v-0 (d) The provisions of subdivision (a) and (b) of this Section 8 shall not apply to or have any force or effect with respect to (1) the filing of any .action in eminent domain for the condemnation of any easement for the erection,, construction, alteration, maintenance, or repair of any gas, electric, v/ater or communication facilities by' any public agency (including the CHy) or public utility or to the acquisition of any such easement by any public agency (including the City) or public utility, or (2)-the filing of any action in •eminent domain by any public agency (including the City) for the condemnation of the fee title or lesser estate for the establishment,'construction (including the widening and realignment) and maintenance of any road, street or highway, whether existing or planned for the future, depicted on the Circulation Element • of the City of Carlsbad General Plan adopted by the City Council (including any amendments thereto adopted by said Council prior to the date of this Contract) or depicted on the plat attached to this Contract and marked Exhibit "C" or .to the acquisition of any such fee title or lesser estate for such purposes by the State of California or any public agency (including the City); and the filing of any such action in eminent domain for the condemnation of or the acquisition of any such easement, fee title or lesser estate shall not terminate, nullify or void this Contract and in the event of the filing of any such action in eminent .domain or acquisition this Contract shall be considered in the valuation process. . Section 9. MO PAYMENT BY CITY. The Owner shall not receive any pay- ment from the City in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the Contract is the substantial public benefit to be derived therefrom, and the advantage which will accrue to the Owner as a result of the effect on the assessed valuation of land described herein due to the imposition of the limit- ations on its use contained herein. . . ' .Section 10. CANCELLATION, (a) The Owner may petition the City Council for concellation of this Contract as to all or any portion of the land which is subject to this contract but this Contract may not be canceled in whole or in part except by mutual agreement of the Owner, and City pursuant to Section ' 51282 of the Act (Government Code). City may only consent'to the cancellation . of this Contract in whole or in part when, after a public hearing has.been held in accordance with the provisions of Section 51284- of the Act (Government Code), the Council finds (1) that the cancellation is not inconsistent with .the purposes of the Act, (2) that the cancellation is in the public interest, and (3) that it is neither necessary nor desirable to continue the restric- tions imposed by this Contract; provided, however, this .'Contract shall not be canceled until the hereinafter specified cancellation fee has been paid, unless such fee or some protion thereof is waived or deferred pursuant to subdivision (c) of Section 51283 of the Act (Government Code). As provided , in said Section 51282, the existence of an opportunity for another use of the land involved (Premises) shall not be sufficient reason for cancellation and a potential alternative use of the land may be considered only if there is no proximate, rioncontracted land suitable for the use to which it is proposed the land (Premises) be put. The uneconomic character of an existing agri- cultural use shall likewise not be sufficient reason for cancellation and the uneconomic character of an existing agricultural use shall likewise not be sufficient reason for cancellation and the uneconomic character of the exist- ing use may be considered only if there is no other reasonable or comparable agricultural use to which the land (Premises) may be put. (b) Prior to any action by the City Council giving tentative approval to the cancellation of this Contract, the County Assessor shall determine the full cash value of the land as though it were free from the restrictions of this Contract. The Assessor shall multiply such value by the most recent County ratio announced pursuant to Section 401 of the Revenue and Taxation Code and shall certify the product to the City Council as the cancellation valuation of the land for the purpose of determing the cancellation fee hereinafter spec- ified. • . ' (c) Prior to giving tentative approval to the cancellation of this Contract the City Council shall determine and certify to.the County Auditor the amount of the cancellation fee which the Owner must pay the County Treasurer as deferred taxes upon cancellation. Notwithstanding the provisions of sub- division (b) of Section 51283 of the Act (Government Code), if cancellation occurs within the first five-year period of the term of this Contract, the cancellation fee shall be 100$ of the cancallation valuation of the land; if cancellation occurs after the .expiration of the first five-year period of this Contract the cancellation fee shall be an amount equal to 100% of the cancell- ation valuation of the land less 5% of said cancellation valuation of each year this Contract has remained in effect in excess of the aforementioned first five-year period; provided, however, in no event shall the cancellation fee be less than an amount equal to 50% of the cancellation valuation of the land. If after the date this Contract is initially entered into the publicly announced County ratio of assessed to full cash value is changed, '.the percentage payment specified in this paragraph shall be changed so no greater percentage of full cash value will be paid then would have been paid had there been no change in such ratio. ' ' (d) The City Council may waive or defer payment of the cancellation fee or any portion thereof in accordance with subdivision (c) of Section 51283 of the Act (Government Code). . . (e) Upon approval by the City Council of the above mentioned cancell- ation petition and payment of the cancellation fee, the City Clerk shall record in the office of the County Recorder a certificate which shall set forth the name 9f the owner of such land at the time the Contract is can- celed with the amount of the cancellation fee specified by the City Council pursuant to Article 5 of the Act (Section 51281 et seq., Government Code) and a legal description of the property. From the date ofv-recording of such certificate, this Contract or such portion thereof as is appropriate shall be finally canceled.i (f) Upon approval by the City Council of the above mentioned cancell- ation petition and waiver or deferment in whole or in part of the cancellation fee, the City Clerk shall record in the office of the County Recorder a .certificate which shall set forth the name of the owner of such land at the time the contract is canceled with the amount of the cancellation fee spec- ified by the City Council as being due pursuant to Article 5 of the Act (Section 51281 et seq., Government Code), the contingency of such waiver or deferment of payments, and a legal description of the property. From the date of recording of such certificate the Contract shall be finally canceled, • and to the extent the cancellation fee has not yet been paid or waived, a lien shall be created and attached against the real property described there- in and any other real property owned by the person named therein as the owner and located within this City. Such lien shall be in favor of the City, shall have the force, effect and priority of a judgment lien and shall remain in effect until the unwaived portion of the cancellation fee is paid in full. Upon the payment of the cancellation fee or any portion thereof, the City Clerk shall record with the County Recorder a written certificate of the release in whole or in part of said lien. Section 11. DIVISION OF LAND - MINIMUM SIZE PARCELS. The Owner shall not divide the Premises contrary to the restrictions on the division of Premises as set forth in Exhibit "B" attached hereto. Section 12. CONTRACT BIDS SUCCESSORS. The term "Owner" as used in this Contract shall include the singular and plural and this Contract shall be binding upon the inure to the benefit of all successors in interest of the Owner including but not limited to heirs, executors, administrators, and assignees. In the event the land under this Contract or any portion thereof is divided, the Owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the Owner in the original Contract .including the right to give notice of non- renewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land or any portion thereof subject to this Contract shall not be imputed to- the owners of the remaining parcels and shall have no effect on this Contract as it applies to the re- maining parcels of the divided land. . . . Section 13. REMOVAL OF LAND FROM PRESERVE. Removal of any land under this Contract from an agricultural preserve, either by change of boundaries of the preserve or disestablishment of'the preserve shall be the equivalent of a notice of nonrenewal by the City; provided, however, that the City shall, at least 60 days prior to the next renewal date following the removal, serve a notice of nonrenewal as provided in Section 51245 of the Act (Government Code). Such notice of nonrenewal shall be recorded as provided in Section 51248 of the Act (Government Code). Section 14. CONVEYANCE CONTRARY TO CONTRACT. Any conveyance, contract or authorization (whether oral or written) by the Owner or! his successors in interest which would permit the use of the Premises or create a division of the Premises contrary to the terms of this Contract, or any renewal thereof may be declared void by the City Council; such declaration or the provisions of this Contract may be enforced by the City by an action filed in the Superior Court of the County for the purpose of compelling compliance or restraining a breach thereof. Section 15. OWNER TO PROVIDE INFORMATION. The Owner, upon request of the City, shall provide information relating to the Owner's obligations under this Contract. 3 2 & OU STATE OF CALIFORNIA COUNTY nr SAN DIEGO FEBRUAHI 10, 1976 -H before me. the undersigned, a Notary Public in and for said County and Stale, personally appeared PAUL EGKP JR ___ -President, and.known to me to l>e iIn- VICE R. L. BLICKEK5TAFF known lo me lo be TREASURER -ni'iipi.nj-iif the corporation that executed the within Instrument, known to me to be the persons who-executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. O ' Signature- i! FOR NOTARY SEAL OR STAMP OFFICIAL SEAL | NOTARY PUBLIC CALIFOfiNIA | PRINCIPAL OFFICE IN I __ . SAN DIEGO COU'MY |j I My Commission Expires Juris 21, 1£7Q I Section 16. NOTICE. Any notice given pursuant to this Contract may, in addition to any other method authorized by law, be .given by United States mail, postage prepaid. Notice to the City shall be addressed as'follows: . City Clerk City of Carlsbad ' . . 1200 Elm Avenue -\ .Carlsbad, CA 92008 Notice to the Owner shall be addressed as follows: Carltas Corp. P.O. Box 488 • Envinitas, CA 92024 IN WITNESS WHEREOF, the Owner and the City have executed this Contract on the day first above written. ROBERT C. FRAZEE, Mayor 4>r the City of Carlsbad, California This is to certify that the foregoing contract is hereby executed on behalf of the City Council of said City of Carlsbad pursuant to authority con- ferred by City Council Resolution No: 3853'' adopted on February 17',' 1976 and the City consents to recordation thereof by its duly authorized officer. NOTE: All signatures of owners must be acknowledged before a notary public or public officer authorized to take acknowledgements. EXHIBIT A LEGAL DESCRIPTION That portion .of Lot F, Lot G and Lot H of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Hap thereof No. 823 on file in the Office of.the County Recorder of said County lying Northerly of Road Survey No. 1534 (Palomar Airport Road) on.file in the Office of the County Engineer of said County and located within the following described line: . COMMENCING at Engineers Station 43*46.41 as shown on^aid Road Survey No. 1534 (Palomar Airport Road); thence along the center!ine of said Road Survey North 87° 50' 28" West, 565.00 feet to'the TRUE POINT OF BEGINNING; thence leaving said center!ine North 12° 00' 00" West,'about 2625.00 feet; thence South 67° 30' 38" West, 132,00 feet; thence North 69° 05' 00" West, 990.00 feet; thence South 67° 30', 38".West, 1160.00 • feet to an intersection with the Westerly line of land conveyed to Carltas Corporation; thence along said line North 22° 35' 15" West, about 2748.00 feet to tn -intersection with the centerline of Cannon Road, said intersection being the Northwesterly corner of land conveyed to Carltas Corporation; thence continuing alonp a convex curve with a radius of 1000.00 feet, about 290.00 feet.(said radius being the Easterly .extension of the centerline of Cannon 'Road and a portion of the Northerly line of land conveyed to Carltas Corporation);.thence continuing along said Northerly line South.79° 05' 50"'East, 2067.22 feet to the beginning of a concave curve with a radius of 2000.00 feet; thence along said curve, 232.49 feet to the end of said curve; thence South 85° 28' 16" East, .': 2157.69 feet to the beginning .of a concave curve with a radius of 2000.00 feet; thence continuing along said curve,'481.59 feet to, the end of said curve: thence North 80° 43' 25" East, 321.54.feet to the Northeasterly corner of land conveyed to Carltas Corporation; thence along the Easterly line of said conveyed land South 0° 32' 00" East, 4083.00 feet'to an intersection with the centerline of said Road Survey No. 1534 (Palomar Airport Road);- thence along-said centerline South.70° 45' 53" West, 515.18 feet to the beginning of a convex curve with a radius of 2000.00 feet; thence continuing." along sa'i.d curve, 746.79 feet to the end of said curve; thence along said centerline North 87° 50' 28" West, 620.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT B AGRICULTURAL PRESERVE NO. 76-1 Section 1. In the above named Agricultural Preserve only the follow- ing uses are permitted: a) The following agricultural uses: 1) • Cattle, sheep, goats and swine production, provided that the ' number of any one or combination of said animals shall not exceed one animal per half acre of lot area'. Said animals shall not be located within .fifty.feet of any habitable "structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses where a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; •-, • 2) Crop production; . ' « 3) Floriculture; 4) Greenhouses; . . 5) Horses, private use; . 6) Nursery crop production; 7) ' Poultry, rabbits, chinchillas, hamsters and other small ani- mals provided not more than twenty-five of any one or combina- tion thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential.uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; 8) Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway; 9) Tree farms; 10) Truck farms; 11) Wildlife refuges and .game preserves; 12) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture. 13) The following uses if necessary and incidental to the agri- cultural use of the land: a) Accessory uses and accessory buildings and structures, including but not limited to private garages, children's ' playhouses, radio and television receiving antennas, -.'•'. windmills, .silos, .tank houses, shops, barns, offices, coops, lath housesi stables, pens, corrals, and other similar accessory uses arid structures required for the conduct of the permitted uses; b) Dogs, cats and other domestic pets, provided not more than four dogs or four cats older than six months or any combination thereof shall be kept on any lot or parcel of land; • > c) Farmhouse, single-family dwelling;,: d) Guest house; . e) Home oppupation. b) The following compatible uses, provided a conditional use permit authorizing such use is issued by the Planning Commission or City • Council of the City,of Carlsbad. Such conditional use permit shall ' be applied for, considered, granted or denied in the manner pre- scribed by the Zoning Ordinance of the City of Carlsbad for the application for, consideration, granting or denying of applications for conditional use permits under that ordinance. 1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, "R" zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary; 2) Aviaries; • • 3) Poultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020; 4) Farm employee housing for persons working on site, provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line; • . 5) Hay and feed stores; \ 6) • Nurseries, retail and wholesale: . 7) Packing-:>neds or small processing plants'for farm crops, similar to those being grown on the premises, provided no-; such processing plant is located within fifty feet of any lot line; 8) Public works projects; 9) Sanitary, landfills, temporary; 10) Stables.and riding academies, public; Section 2. Notwithstanding the.provisions of Section1!, no dwelling, --guest house, farm employee housing or farm labor camp shall be constructed, erected or maintained upon any premises.containing an area of less than 10 acres; provided, however, one single family dwelling may be constructed and ^maintained on the premises subject to this Contract. .Section 3. Nothing herein shall, be construed to authorize the establish- ment or continuation of a use of real property contrary in any provision of the Zoning Ordinance of the City of Carlsbad including any amendments thereto, heretofore or hereafter adopted. Section 4. The premises subject to this Contract shall not be divided so as to create a parcel of land having an area of less than 10 acres, pro- vided that this restriction shall not be construed as prohibiting the owner .of premises having an area of more than 10 acres (hereinafter referred to as the Grantor) from conveying to the owner of contiguous premises subject to a Contract of equal or longer unexpired term a parcel, containing less than 10 acres .for the purpose of enlarging such contiguous premises where the remainder of the Grantor's premises after such conveyance has an area of not less than 10 acres. Section 5. "Area" means an area of land inclusive of that land within easements or rights of way for roads, streets and/or highways. Section 6. Definitions, the definition of words set forth in the Zoning Ordinance of the City of Carlsbad shall apply to the words used herein unless otherwise specifically defined herein. EXHIBIT B AGRICULTURAL PRESERVE NO. 76-1 Section 1. In the above named Agricultural Preserve only the follow- ing uses are permitted: a) The following agricultural uses: 1) Cattle, sheep, goats and swine production, provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses where a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; 2) Crop production; 3) Floriculture; 4) Greenhouses; .5) Horses,'private use; 6) Nursery crop production; 7} Poultry, rabbits, chinchillas, hamsters and other small ani- mals provided not more than twenty-five of any one or combina- tion thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be locatad within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; 8) Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway; 9) Tree farms; 10) Truck farms; 11) Wildlife refuges and game preserves; 12) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture. 13) The following uses if necessary and incidental to the agri- cultural use of the land: a) Accessory uses and accessory buildings and structures, including but not limited to private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath housesi stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses; b) Dogs, cats and other domestic pets, provided not more than four dogs or four cats older than six months or any combination thereof shall be kept on any lot or parcel of land; c) Farmhouse, single-family dwelling; d) Guest house; e) Home oppupation. b) The following compatible uses, provided a conditional use permit authorizing such use is issued by the Planning Commission or City Council of the City, of Carlsbad. Such conditional use permit shall be applied for, considered, granted or denied in the manner pre- scribed by the Zoning Ordinance of the City of Carlsbad for the application for, consideration, granting or denying of applications for conditional use permits under that ordinance. 1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, "R" zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary; 2) Aviaries; 3) Poultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020; 4) Farm employee housing for persons working on site, provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line; 5) Hay and feed stores; 6) Nurseries, retail and wholesale: -2- 7) Packing sheds or small processing plants for farm crops, similar to those being grown on the premises, provided no; such processing plant is located within fifty feet of any lot line; 8) Public works projects; 9) Sanitary landfills, temporary; 10) Stables and riding academies, public; Section 2. Notwithstanding the provisions of Section 1, no dwelling, guest house, farm employee housing or farm labor camp shall be constructed, erected or maintained upon any premises containing an area of less than 10 acres; provided, however, one single family dwelling may be constructed and maintained on the premises subject to this Contract. Section 3. Nothing herein shall be construed to authorize the establish- ment or continuation of a use of real property contrary in any provision of the Zoning Ordinance of the City of Carlsbad including any amendments thereto, heretofore or hereafter adopted. Section 4. The premises subject to this Contract shall not be divided so as to create a parcel of land having an area of less than 10 acres, pro- vided that this restriction shall not be construed as prohibiting the owner of premises having an area of more than 10 acres (hereinafter referred to as the Grantor) from conveying to the owner of contiguous premises subject to a Contract of equal or longer unexpired term a parcel containing less than 10 acres .for the purpose'of enlarging such contiguous premises where the remainder of the Grantor's premises after such conveyance has an area of not less than 10 acres. Section 5. "Area" means an area of land inclusive of that land within easements or rights of way for roads, streets and/or highways. Section 6. Definitions. The definition of words set forth in the Zoning Ordinance of the City of Carlsbad shall apply to the words used herein unless otherwise specifically defined herein. -3- AGRICULTURAL PRESERVE -NO. >: TAX CODE-AREAS-&~ACREAGE .APPLICANT*. CARLTAS CO. 76-1 P.O. .BOX 488, EIMCIN1TAS, CA. 92024 PALOMAR AIRPORT r EXHIBIT B\ AGRICULTURAL PRESERVE NO. 76-1 Section 1. In the above named Agricultural Preserve only the follow- ing uses are permitted: a) The following agricultural uses: 1) Cattle, sheep, goats and swine production, provided that the ' number of any one or combination of said animals shall not exceed one animal per half acre of lot area'. Said animals shall not be located within .fifty feet of any habitable 'structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned for residential uses, nor.shall they be located within one hundred feet of a parcel zoned for residential uses where a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; 2) Crop production; * 3) Floriculture; 4) Greenhouses; . 5) Horses, private use; 6) Nursery crop production; ' ' 7) ' Poultry, rabbits, chinchillas, hamsters and other small ani- mals provided not more than twenty-five of any one or combina- tion thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; ' 8) Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway; 9) Tree farms; 10) Truck farms; 11) Wildlife refuges and .game preserves; 12) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture. 13) The following uses if necessary and incidental to the agri- cultural use of the land: a) Accessory uses and accessory buildings and structures, including but not limited to private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath housesi stables, pens, corrals, and other • similar accessory uses arid structures required for the ' conduct of the permitted uses; b) Dogs, cats and other domestic pets, provided not more than four dogs or four.cats older than six months or any combination thereof shall be kept on any lot or parcel of land; • ,\ # c) Farmhouse, single-family dwelling; : d) Guest house; e) Home oppupation. b) The following compatible uses, provided a conditional use permit authorizing such use is issued by the Planning Commission or City • Council of the City of Carlsbad. Such conditional use permit shall ' be applied for, considered, granted or denied in the manner pre- scribed by the Zoning Ordinance of the City of Carlsbad for the application for, consideration, granting or denying of applications for conditional use permits under that ordinance. 1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, "R" zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary; 2) Aviaries; • • 3) Poultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020; 4) Farm employee housing for persons working on site, provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line; 5) Hay and feed stores; 6) • Nurseries, retail and wholesale: 7) Packing sheds or small processing plants for farm crops, similar to those being grown on the premises, provided no-; such processing plant is located within fifty feet of any lot line; 8) Public works projects; . 9) Sanitary landfills, temporary; 10) Stables.and riding academies, public; Section 2. Notwithstanding the provisions of Section1!, no dwelling, -guest house, farm employee housing or farm labor camp shall be constructed, erected or maintained upon any premises containing an area of less than 10 acres; provided, howeve'r, one single family dwelling may be constructed and maintained on the premises subject to this Contract. Section 3. Nothing herein shall, be construed to authorize the establish- ment or continuation of a use of real property contrary in any provision of the Zoning Ordinance of the City of Carlsbad including any amendments thereto, heretofore or hereafter adopted. ' Section 4. The premises subject to this Contract shall not be divided so as to create a parcel of land having an area of less than 10 acres, pro- vided that this restriction shall not be construed as prohibiting the owner of premises having an area of more than 10 acres (hereinafter referred to as the Grantor) from conveying to the owner of contiguous premises subject to a Contract of equal or longer unexpired term a parcel containing less than 10 acres for the purpose of enlarging such contiguous premises where the remainder of the Grantor's premises after such conveyance has an area of not less than 10 acres. Section 5. "Area" means an area of land inclusive of that land within easements or rights of way for roads, streets and/or highways. Section 6. Definitions. The definition of words set forth in the Zoning Ordinance of the City of Carlsbad shall apply to the words used herein unless otherwise specifically defined herein.