Loading...
HomeMy WebLinkAbout1976-02-17; City Council; 3582; Establishment of agricultural preserve, rezone from R-A-10000 to E-A and authorization to enter into Land Conservation Contract AP 76-1 and ZC 172. 'CITY ·oF CARLSBAD A~EN.DA B I.LL NO. 3£f"~ . . . . . ..... .... ·-·· ....... . DATE.:· · · · · · · · · · · · ·February 17; ·1976 DE:PARTMENT :· ... · .. Plaririihg. Initial: ~ept. Hd.~ City Atty \)~~ City ~gr._. --'B'-+---- SUBJECT: Establishment of an Agricultural Preserve, Rezone from R-A-10,000 to E-A, and Authorization to Enter into land Conservation Contract (AP-76-1 & ZC-172) ·: . .APP~lCANT: . .'Car.ltas .Corporation. . . . .. · ·statemb:·t ·o·f ·the. ·Hatter : The applicant, Carltas Corporation (Paul Ecke) is requesting the establishment of an agricultural preserve on 339.81 acres of land generally located north of Palomar Airport Road and east of Paseo del Norte (Lowder . Lane). The Planning Commission heard this request on January 28, 1976, and recommends approval • . ···Per the requirements of City Council Resolution No. ·3810, rezoning to an appropriate ·zone is to be considered concurrently.with the establishment of the preserve. If apprqved, this rezoning is to be an urgency measure in order.to be effective simultaneously ·with establishment of the preserve. · Said Resolution also requires execution of a LcntiConservation Contract if the establish~ .ment and rezoning are approved. The applicant has already signed the contract. To be effective this fiscal year, the above acttQns must be approved prior to March l, 1976, and for\•mrded to the County Recorder and Assessor. If not approved by this date, the tax adjustment would not be effective until FY'l977. EXHIBITS: City Council Resolution No.J(5' / (Agriculture Preserve) . City Council Resolution_ No.~~{f (Zone Change) _ · · · City Coun'cil Ordinance No. _____ {Zone Change) City Council Resolution No.3 f53 . (Land Conservation Contract) Staff report to Planning Commission ·dated 1-28-76 Planning Commission Resolution No. 1216 (Agricultural Pres-erve) Planning Commission Resolution No. 1217 (Zone Change) RECOMMENDATION: If the City Council concurs with the recommendations of the Planning Commission, take the following actions: l)· Approve City Council Resolution No..!t/.5'/ establishing Agricultural Preserve No. 76-1. 2) Approve City Council Resolution No~fji~announcing findings and decision on Zone Change No. 172. 3) Introduce City Council Ordinance No. 114 to effectuate Zone Change No. 172. 4) · Approve City_ Counci 1 Resolution No .J&' 53 authorizing the r~ayor to execute the Land Conservation Contract with the app~icant. Agenda Bill No. 3582 Page 2 February 17, 1976 Council action Following the public hearing Resolutions 3851, 3852 and 3853 were adopted, establlishing the Agricultural Preserve 2-17-76 No. 76-1, announcing findings and decision on Zone Change No. 172, and authorizing the Mayor to execute the Land Conservation Contract with the applicant. Ordinance #9451 was introduced for a first reading. ~ 2 3 CITY COUNCIL RESOLUTION NO. 3851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 4 CALIFORNIA, APPROVING THE ESTABLISHMENT OF AN AGRICULTURE PRESERVE (AP 76-1) ON 339.81 ACRES LOCATED NORTH OF PALOMAR 5 AIRPORT ROAD AND EAST OF PASEO DEL NORTE (LOWDER LANE) CASE NO.: AP 76-1 6 APPLICANT: CARLTAS CORPORATION 7 WHEREAS, on January 28, 1976, a· duly noticed public hearing was held 8 before the Planning Commission in the manner prescribed by law to consider the 9 establishment of an agricultural preserve on property located north of Palomar 10 Airport Road and east of Paseo del Norte, more particularly described as: 11 A portion of Lot F, G and H of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof 12 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 13 file in the office of the County Engineer of said County. 14 WHEREAS, at the conclusion of said hearing the Planning Commission of the 15 City of Carlsbad adopted Resolution No. 1216 recommending said establishment 16 which is herewith referred to and made a part hereof; and 17 WHEREAS, on February 17, 1976, the City Council held a public hearing on 18 the matter, received all recommendations and heard all persons interested in or 19 opposed to the proposed establishment; and 20 WHEREAS, the matter has complied with the requirements of the City of 21 Carlsbad Environmental Protection Ordinance of 1972 and a negative declaration 22 has been filed by the Planning Department; 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad 24 as fo 11 ows: 25 26 27 A) That the above recitations are true and correct. B) That the findings of the Planning Commission contained in the afore- mentioned Resolution No. 1216 constitute the findings of the Carlsbad City Council. 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City ~ Council held on the 17th day of February, 1976, by the following vote, to wit: 2 AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler 3 NOES: None 4 ABSENT: None 5 6 7 8' ATTEST: 9 10 111~~~~~~~~~~~ 12 13 14 15 16 17 18 19! 20,1 2111 221 i 23! 24 25 26 27 281' (Sea 1} -2- • February 6, 1976 MEMORANDUM TO: City Manager FROM: City Engineer SUBJECT: CT 72-25 Reversion to Acreage This reversion map process will nullify the lots created for Alicante Hills (CT 72-25). This action is a condition of City Council Resolution No. 3771, approving a resubdivision (CT 75-6) of the original real property. The boundaries of the present recorded map (No. 7784) for CT 72-25, and the subject reversion map are identical. Open space easements will be quitclaimed by this map, but they will be rededicated as conditioned in Planning Commission Resolution No. 1187 approving the resubdivision. A final accounting and close out of CT 72-25 (Alicante Hills) has been made as stipulated by Council Agenda Bill Number 2015, Supplement No. 2. We recommend the release of Park in Lieu fees that were required as a condition of recordation of the original subdivision map. The agenda bill reflects this recommendation. Park fees for this project are $38,399.04 and in account 65-26-07. Tim Flanagan City Engineer TCF/BA /sln -( NOTICE OF PUBLIC HEARING RE:·. REVERSION TO ACREAGE NOTICE IS HEREBY GIVEN that the C·ity Council of the City of Carlsbad will hold a Public Hearing on huesday, ,, February 17, j975 at 7:00P.M., in the C60ncil Ch~mbers, 1200 Elm Avenue, Carlsbad, California to consider a request for reversion to acreage of that real property shown on Map No. 7784 (Carlsbad Tract 72-25), located a16n~ Alicante Road .?: and Alfil Way and more particularly described as: Portions of Sections-15 and 3£~ Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California according to official plat thereof. Petitioner: LA COSTA LAND COMPA~Y CARLSBAD CITY COUNCIL LRCOStR EXECUTIVE OFFICES Honorable City Council City of Carlsbad 1200 Elm Avenue tarlsbad, California 92008 c· e December 18, 1975 Re: Re~ersion to Acreage of Carlsbad Tract 72-25, Map No. 7784 Gentlemen: We the undersigned, La Costa Land Company, state that we are the owners and developers of the property encompassed by Map No. 7784. Whereas, we have filed a tentative map, Carlsbad Tract No. 75-6, with the City Planning Department for the resubdivision of the property encompassed by said Map No. 7784. Whereas, those streets (Alicante Ro~d) necessary to complete the vehicular circulation through the subject property are not to be reverted by this map. · Whereas, all the dedications shown on said Map No. 7784 that are necessary for public purposes are retained on said Reversion Map. We, therefore, respectfully request that the City Council of the City of Carlsbad approve this Map of Reversion to Acreage of Map No. 7784, accept the dedication of the General Utility and Access Easements shown on said Reversion Map, and approve th~ Joint Use Agreement for the maintenance of the facilities that lie within said General Utility Easement~. Sincerely, LA COSTA LAND tOMPANY ~()t-.-r~ l.~"- Burton L. Kramer Vice President BLK:mw RECEIVED DEC 2 6 1975 CITY Or CARLSBAD Engineering Department COSTA DEL MAR ROAD • CARLSBAD,CALIFORNIA 9<!008 • AREA CODE 714 • TE!-EPHONE 7<!9•9111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY COUNCIL RESOLUTION NO. 3852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OF ZONE (ZC-172) FROM R-A-10,000 TOE-A (EXCLUSIVE AGRICULTURE) ON 339.81 ACRES LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST OF PASEO DEL NORTE (LOWDER LANE) CASE NO. ZC-172 APPLICANT: CITY OF CARLSBAD WHEREAS, on January 28, 1976, a duly noticed public hearing was held before the Planning Commission in the manner prescribed by law to consider a change of zone from R-A-10,000 to E-A on property located north of Palomar Airport Road and east of Paseo del Norte, more particularly described as: A portion of Lot F, G and H of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823 on file in the Office of the County Recorder of said County lying northerly of Road Survey No. 1534 (Palomas Airport Road) on file in the Office of the County Engineer of said County. WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1217 recommending said Zone Change which is herewith referred to and made a part hereof; and WHEREAS, on February 17, 1976, the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed Change of Zone; and WHEREAS, the matter has complied with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and a negative declaration has been fi"led by the Planning Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A) That the above recitations are true and correct. B} That the findings of the Planning Commission contained in the aforementioned Resolution No. 1217 constitute the findings of the Carlsbad City Council. C) That the approval of the proposed Change of Zone is necessary to carry out the general purpose of Title 21 of the Municipal Code. D) That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 1 Council held on the 17th day of February~ 1976, by the following vote, to 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 wit: AYES: NOES: ABSENT: ATTEST: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler None None -2- 1 2 3 4 5 6 7 8 9 10 11 12 131 0 14 <1: al CXl (/) ..J 0 15 .a: 0 N a::c:x: 0> ....,(.) OLL.w::!: 16 00~~ z>-wo Qf->LL. al_<(_ 17 (.)~..J u: ' ..J <1: ).wU ~ w 8 o· 18 wZNC:X: ua::-a:~ zo (/) -f-..J 19 >f-a: <1: <1: >-(.) f-20 1J 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 9451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY Ar~NDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM R-A-10,000 TOE-A (EXCLUSIVE AGRICULTURE) ON 339.81 ACRES LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST OF PASEO DEL NORTE. APPLICANT: CITY OF CARLSBAD The City Council of the City of Carlsbad, California, does ordain as follows~ SECTION 1: Title 21 of the Carlsbad Hunicipal Code is amended by the amendment of the zoning map to grant a change of zone from R-A-10,000 to E-A for the following described property: A portion of Lot F, G and H of·the Rancho Agua Hedionda, in the County of San Diego, State of California, accord- ing to Map 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; as shown and more particularly described on Exhibit 1, attached herto and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 17th day of February thereafter Ill , 1976, and .. 0 <( co CX) rJJ ....1 0 0 ·CC N CC<( Ol ....,(.) Qu.W~ o o ~n~ z>-wo Qf->u. co-<(-(.):2....1 u.: . -' <( >-we.> ~W86 ~~~~ zo rJJ -f-....1 >f-a: <( <( >-(.) f-u an adjourned regular 1 PASSED AND ADOPTED at / meeting of said City Council held 2 on the 9th day of March , 1976, by the following ----------------~~~-------- 3 vote, to v7it: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: (SEAL) AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None 2. . ... EXHIBIT I LEGAL DESCRIPTION . i 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 th.e Offic~ 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 saJd County and located \'li thin the fo 11 m.;i ng described 1 in~: COMMENCING at Engineers. Station 43+46.41 as shown on,sai d Road Survey · No. 1534 {Palomar Airport Road); thence along the ceDterline of said Road Survey North ,87~ ·so• 2811 Hest, 565.00 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline North 12° 00' 0011 ~·Iest_,.·about. 2625.00 feet; thence South 67° 30' 38" Hest_,. 132.00 feet; thence North 69° 05' oou ~Jest, 990.00 feet; thence South 67° 30' 33a \·Jest=-1160.00 feet to an intersection \'lith the Hesterly 1 ine of land conveyed to Carltas Corporation; thence along sa·id line North 22° 35' 1511 Hest, about 2748_00 feet to an !intersection \'lith the centerline of Cannon Road, said intersection being the Northwesterly corner of land conveyed to Carltas Corporation; thence continuing along a convex curve \·Iith a radius of 1000.00 feet, ~bout 290.00 ~eet.(said radiu~ being the Easterly e':tension of the ce_nterl1ne of Cannon Roa?_and a port1on o! t~e Northerly l1ne of land conveyed to Car1tas Corporat1on); .thence contlnu1ng a1ong said Northerly line ~outh 79° _as• son East, 2067.22 feet to the beginning· of a concave curve \•nth a rad1us 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 Wlth a radius of 2000.00 feet; thence continuing along said curve~·481.59 feet to. the end of said . curve: thence North 80° 431 25 11 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·ta an intersection \•Jith the centerline of said Road Sur.vey No_ 1534 (Palomar Airport Road); thence along·said centerline South 70° 45 1 53n Hest, 515.18 feet to the beginn·ing of a convex curve \·Jith a radius of 2000.00 feet; thence continuttig::-along sai.d curve~ 746~79 feet to the end of said curve; thence along said centerline North 87o 50 1 28n Hest~ 620.00 feet to the TRUE POINT OF BEGINNING. · .· , I·,.., 'i •• • ··~ ' •· ..... -4.-.......... , ........... _., ......... ~ . ., ........... .. J • \' .. • ~ • ' I • • • • . . . . . ·. ' . • #,. :· .. p-·c . ~ . . .. . , ... .. . .......... . ··~' ..... .. ... .... . ... .. .. I i . •. . -...... ~ .... . .. ' ... . . . •" ..... ......... . .. . . . •. ) ... ., I I . i ' ! i I , ... I I l I ·j I S0BJECT PROPERTY REZONED FROM L-C TO ·R-.1-15,000 --.......... EXHIBIT 1 Case.No.&_C..~J1l Date.)ec'd: D\3.c.·. 14 '1S".ORC Date:.Yfl.0,2.b'7sPC Date;I'A-1\Z.~--;}- Description of Request:CV#vtJe_ o£ Z!:a",yi:: HsoM,. ~.c..:(_LJ~<IJreJ\ C!aV.Ii{_Ok) To' R-L:.1S:._ · ·· · .~ . (\ddress or Location. of Request: fl!-({;.1\ · 'ReAD · ~~;,!· ftt.ICfiNT£ :. W, 4 du_ $~I ,.1-<. r · APPlicant: (! l. ht _ . u .. J.;r;&z.::aJ.i..!. ________ __.:_ ______ ..:..-__ ---i Engr. or.Arch. ~-·. · · Brief lega 1: f'or<TJ h ,J J.Jt0 ~ . .e._ uJ 5. 13. i3 !t;vt 'Assessor 13ook: ZJ 5 Pa9e: D!rY0 Parcel :_!,!.IJ_;:r-4"-....LI,:,JS' ____ .;___ General Plan Land Use Ocscription: t) Cf?.l..LbJJc___j_)T'~-_l.DJ..::f . ....~.') ______ ""--1 Existing Zone: Lc._ Proposed 4onc: -1--J::--___ ·z-------1 /\crcs:~,1 !:=---. __:.,_~N,......o-. -o~f-.l_o...,..t-s:"""·--· ' OU's · OUT!Icrc __ ·Schoo 1 o is tr· i c t :_!?J.CJJ:!!J!h? l> ~)It> -..J • c::. :Sc..e> ,J t> 1 Po Dn ,,...,,L_!II(., 4 .:<c_tl-o.., L · Hater/Sanitation Uistr-ict: CtlfJuJ> I l..t:!lC,1·D.I"[_j2<2U.."~I~c..?.Ll. c:.f PL<:.L lHthin Coast Pl<~n Arc<t: i_+?s · F . · Coust Penn\ t 1\re.«: ~j.Jo . . . ~----------1 . . . . . .. • • . • ...1\-. ~ ' . 1 2 3 4 5 6 RESOLUTION NO.· 3853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE EXECUTION OF A LAND CONSERVATION CONTRACT BETWEEN THE CITY OF CARLSBAD AND CARLTAS CORPORATION FOR AGRICULTURAL PRESERVE NO. 76-1 AND AUTHORIZING THE ~1AYOR TO EXECUTE SAID CONTRACT. 7 The City Council of the City of Carlsbad, California, does hereby resolve 8 as follows: 9 1) That that certain Land Conservation Contract between the City of 10 Carlsbad and Carltas Corporation for Agricultural Preserve No. 76-1, a copy 11 of which is attached hereto marked Exhibit A and incorporated herein by 12 reference, is hereby approved. 13 2) That the Mayor of the City of Carlsbad is hereby authorized and 14 directed to execute said contract for and on behalf of the City of Carlsbad. 15 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 16 of the City of Carlsbad, California, held on the 17th 17 1976, by the following vote, to wit: day of Feb r u a r y , 18 AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and 19 NOES: None 20 ABSENT: None 21 ABSTAIN: 22 23 24 25 ATTEST: 26 27 28 29 30 31 32 (SEAL) Councilwoman Casler l 2 3 4 5 6 • PLANNING C0f.1MISSION. RESOLUTION·· NO~ ·1216 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO THE ESTABLISHMENT OF AN AGRICULTURAL PRESERVE ON PROPERTY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST OF LOWDER LANE. CASE NO.: AP 76-1 APPLICANT: CARLTAS CORPORATION 7 WHEREAS, a verified application for a certain property, to wit: 8 A portion of Lot F, G, and H of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823 on 9 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 10 of the County Engineer of said County 11 has been filed with the City of Carlsbad and referred to the Planning Commissio ; 12 and 13 WHEREAS, said verified application constitutes a request as provided by 14 City Council Resolution No. 3810; and 15 WHEREAS, a duly noticed public hearing to consider this matter was held 16 on January 28, 1976; and 17 WHEREAS, the subject application has complied with the requirements of the 18 City of Carlsbad 11 Environmental Protection Ordinance of 1972 11 ; and 19 WHEREAS, at said public hearing, upon hearing and considering the testimony 20 and arguments, if any, of all persons who desired to be heard, said Commission 21 considered all factors relating to this matter and found the following facts and 22 reasons to exist: 23 1) The proposed agricultural preserve is consistent with the General 24 25 26 27 28 Plan because: a) The goals and policies of the Open Space Element support the preservation of agricultural lands through tax assessment procedures whereby property is taxed according to the use of the 1 and; and b) The Land Use Element designates the subject property as a 11 Possible Urban Reserve Area 11 , a criteria of the City for the establishment of a preserve. 29 2) The proposed agricultural preserve is consistent with the Carlsbad 30 31 32 Environmental Protection Ordinance of 1972 because: a) The proposed project has been found to have an insignificant environmental impact; and b) A negative declaration has been filed by the Planning Department. ('' -• 1 3) The proposed agricultural preserve is consistent with applicable City Public Facilities Policies and Ordinance because: 2 3 4 5 a) The proposed project would not affect present facilities avail- able to the property; and b) Necessary public improvements that may traverse this property will not be affected by this action. 6 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 7 Carlsbad as follows: 8 A} That the above recitations are true and correct. 9 B) That the establishment of the Agricultural Preserve is recommended for approval. 10 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad 12 Planning Commission held on January 28, 1976, by the following vote, to wit: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: NOES: ABSENT: ATTEST: Commissioners Jose, Fikes, Packard, L'Heureux, Larson, Cominquez, Watson None None -2- 1 2 3 4 5 6 7 8 9 10 11 has 12 and ~, • PLANNING COMMISSION RESOLUTION NO. 1217 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND REC0~1MENDATIONS RELATIVE TO REZONING PROPERTY FROM R-A-10 toE-A (EXCLUSIVE AGRICULTURE) ON PROPERTY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST OF LOWDER LANE. CASE NO.: ZC-172 .APPLICANT: CARL TAS CORPORATION WHEREAS, a verified application for a certain property, to wit: A portion of Lot F, G, and H of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map 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. been filed with the City of Carlsbad and referred to the Planning Commission 13 WHEREAS, said verified application constitutes a request as provided by 14 Title 21 of the 11 Carlsbad Municipal Code"; and 15 WHEREAS, a duly noticed public hearing to consider this change of zone 16 was held on January 28, 1976; and 17 WHEREAS, the subject application has complied with the requirements of the 18 City of Carlsbad "Environmental Protection Ordinance of 1972"; and 19 HHEREAS, at said public hearing, upon hearing and considering the testimony 20 and arguments, if any, of all persons who desired to be heard, said Commission 21 considered all factors relating to the Zone Change and found the following 22 facts and reasons to exist: 23 1) The proposed Zone Change is consistent with the General Plan because: 24 25 26 a) The E-A Zone district is consistent with the "NRR" and "R-M" designations of the Land Use Element; and b) The Zone Change will have no adverse impact on any other Element of the General Plan. 27 2) The proposed Zone Change is consistent with the Carlsbad Environmental 28 29 30 Protection Ordinance of 1972 because: a) The proposed project has been found to have an insignificant environmental impact; and b) A negative declaration has been filed by the Planning Department. 31 3) The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinance because: 32 1 2 3 a) The proposed project would not affect present facilities available to the property; and b) Necessary public improvements that may traverse this property will not be affected by this action. 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 5 Carlsbad as follows: 6 7 8 A) That the above recitations are true and correct. B) That the Zone Change from R-A-10,000 toE-A (Exclusive Agriculture) is recommended for approval. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad 10 Planning Commission held on January 28, 1976 by the following vote, to wit: AYES: NOES: Commissioners Jose, Fikes, Packard, L'Heureux, Larson, Dominguez, Watson None 11 12 13 14 15 ABSENT: None 16 17 ATTEST: 18 ~---- 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -2-