HomeMy WebLinkAbout1988-11-01; City Council; 9709; APPEAL OF PLANNING COMMISSION DENIAL OF LCPA 88-1/GPA/LU 88-2/ZC 88-4/ WILLIAMSON CONTRACT AMENDMENT 76-1B CARLTAS' CARLSBAD RANCH-
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Cw OF CARLSBAD - AGENW BILL
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AB# 97&9
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DEF TITLE: APPEAL OF PLANNING COMMISSION DENIAL
11/1 I88 OF LCPA 88-1/GPA/LU 88-2/ZC 88-4/ CIT
DEPT.
RECOMMENDED ACTION:
CIT' CARLTAS' CARLSBAD RANCH PLN WILLIAMSON CONTRACT AMENDMENT 76-1B
Both the Planning Commission and staff are recommending that Council UPHOLD the Planning Commission's DENIAL of LCPA 88-
88-2/ZC 88-4/Williamson Contract Amendment 76-1B. Should the to approve these applications, approval documents are attached (Exhibit
ITEM EXPLANATION
On August 23, 1988 Council directed staff to priority p' request by the Carltas Company to amend its Agricultui
of 52 acres that would change the location of the non-ag-
area (i. e. , developable area) . Currently the developable arc
482 acre site is located adjacent to Palomar Airport Road a
del Norte (Exhibit #2). The land swap Carltas has propos
instead create an island extending almost the full lengtl westerly north/south trending ridge (Exhibit #2). In reques priority processing Carltas offered to place the open spacc Plan and zoning designations over a portion of the property identified as the "flower fields" (Exhibit #3) .
Preserve Contract with the City. The amendment involved a 1
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Although staff was recommending approval of the proposals, t report to the Planning Commission (Exhibit #9) noted a n concerns. These include concern regarding the narrow shaF development which forms a thin island between areas in agrj
Also, the area proposed for future development was locate
very top of the ridge which raised concerns regarding visual
Planning for the area at this point has not progressed far t
respond to these concerns. However, future development portion of the property will require the approval of Facilities Management Plan (Zone 13) and a Master Plan. determined that many of these concerns could be resolved these subsequent planning efforts.
The Planning Commission in denying the Carltas proposal (v( felt that the proposal is premature and it creates too many concerns that cannot be resolved without a Master Plan. A:
Commission is not sure the action preserves any "flower
because there is no guarantee that flowers will be grown.
Commissioners felt strongly that the area being designated Space for the "flower fields" didn't really preserve the hig: of the slope that are the most visible and generally associi the "flower fields". In addition, the Commissioners felt enough information was available to determine that the fa: value of the land being swapped was the same as required by . Coastal Plan.
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Page 2 of Agenda Bill No. 7709
Subsequent to the Planning Commission meeting, the applici proposed to modify and enlarge the boundaries of th space/flower fields area to address the Planning Commission regarding that item. A map showing the revised boundaries available at the City Council meeting but generally the boundary has been moved-up the most visible slope associat the flower fields by 150 feet. Staff believes that thi
significant improvement to the boundaries of the area
preserved.
ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed actic
not have a significant impact on the environment becal
applicant has agreed to implement mitigation measures conta
the Conditional Negative Declaration issued October 1; (attached with Planning Commission Staff Report). Eleca Planning Commission denied the applications, no action was t
the Commission regarding the Negative Declaration.
FISCAL IMPACT
No fiscal impact is anticipated in the short term. The an
developable land and land in the ag-preserve will remain tl
No development is being proposed at this time.
GROWTH MANAGEMENT
The property is located in Zone 13 of the Growth Managemenl
To date no Local Facilities Management Plan has been submil Zone 13. The applicant will be responsible for any : mitigation identified in the zone plans.
EXHIBITS
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15)
8)
Location Map Map depicting currently developable area and propose
Map depicting existing and proposed zoning
Planning Commission Resolution No. 2784 Planning Commission Resolution No. 2785 Planning Commission Resolution No. 2786
Planning Commission Resolution No. 2787 City Council Resolution No. ff-d& city Council Resolution NO. pg-399
City Council Resolution No. f~”Zr0
City Council Ordinance No. N5-a
City Council Resolution No. gY-357
Planning Commission Staff Report dated October :
Planning Commission Minutes of October 19, 1988 Appeal letter
without Resolutions
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a Ilk c W LOCATION MAP
AOUA HEDIOMIA uaom
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PACIFIC OCEm
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City of Ca
I -
ITAS CARLSBAD RANCH I ~cp~88-1'~~~
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ZC 08-4/WCI I I
w EXHlBlT 2
AOUA HEDIONDA LAOOON
PACFIC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMENT
B Added to the Preserve (52 aC.1 L-7 Removed from the pr
i.......: Existing Developable Area (outside preserve)
. . . . . . . . -
LEGEN
E-A
R-A- 10
a EXIS- ZONING
~aclflc Ocean
D
EXCLUSIVE AGRICULTURAL ZONE
RESIDENTIAL AGRICULTURAL ZONE -
LEGEND
os OPEN SPACE
LC LIMITED CONTROL
c
LEGEND
os OPEN SPACE
LC LIMITED CONTROL
PROPOSED ZONING
€-A EXCLUSIVE AGRICULTURAL ZONE
EXHIBIT
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l. li PIANNING COMMISSION RESOLUTION NO. 2784
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4 jl 1; 51 APPLICANT: CARLTAS CARLSBAD RANCH
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'
OF CARLSBAD, CALIFORNIA, DENYING AN AMENDMENT TO MEL
I1 SEGMENT OF CARLSBAD'S LOCAL COASTAL PROGRAM
AMEND LANGUAGE AND GRAPHICS RELATING TO POLICY 2-2
CASE NO.: LCPA 88-1
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7 11 WHEREAS, a verified application for an amendment
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Local Coastal Plan (LCP) designations for certain
located, as shown on Exhibit (s) LCPA ltA1l, LCPA lrBlr and
dated October 19, 1988, attached and incorporated herein,
filed with the Planning Commission: and
WHEREAS, said verified application constitutes a
for amendment as provided in Title 21 of the Carlsbad M
Code: and
WHEREAS, the amendments to policy 2-2 of the Me11
segment are necessaryto provide consistency between Sectj
seq. of the Government Code (Williamson Act
Conservation Contract No. 76-1 between the City and the
Corporation, and Carlsbadls Local Coastal Program; and
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WHEREAS, the Planning Commission did on the 19tl
21, October, 1988, hold a duly noticed public hearing as pr
22 ~; by law to consider said request: and
I! WHEREAS, at said public hearing, upon hear
considering all testimony and arguments, if any, of all
desiring to be heard, said Commission considered all
relating to the Local Coastal Plan Amendment.
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~ NOW, THEREFORE, BE IT HEREBY RESOLVED by the : 1 !I
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2 '' Commission of the City of Carlsbad, as follows:
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5 I; B) That based on the evidence presented at the public
A) That the foregoing recitations are true and correc.
the Commission DENIES LCPA 88-1 based on the f
findings. 6'
7 11 Findinss:
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'I 1) The proposed LCP amendments are not consistent I resource protection policies of the 1976 Coast
Specifically, it cannot be determined if the la] added was the same fair market value as the am deleted.
2) The amendment as proposed may be detrimental preservation of long-term agricultural viabil.ity
areas most suited for agriculture-
13 13)
The proposed amendment is inconsistent with City and policies regarding the preservation of ridges, hi
and viewsheds. 14 11
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2 I/ PASSED, APPROVED, AND ADOPTED at a regular meeting
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Planning Commission of the City of Carlsbad, held on the 3
of October, 1988, by the following vote, to wit:
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5 i; I/ and Erwin.
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I! AYES : Chairperson McFadden, Commissioners: Schramm,
NOES : Commissioners: Marcus and Schlehuber.
ABSENT: Commissioner Hall. 1~
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ABSTAIN: None.
A (Lp' Jm+xcrADDEN , $. -//7P ,* .LC> C" '* ,J
C-LSBAD PLANNING COMMISSIO~
I.2 I ATTEST:
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,, (/+i,.-'7. I +23LL4 " ". /
MICHAEL J. HOLZMILLE5'I l4
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Planning Director
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EXHIBIT A
AOUA HEDIONDA LAOOON
PACIFIC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMENT = Added to the Preserve (52 ac.1 1-1 Removed from the Pr
i.......; Existing Developable Area (outside preserve) . . . . . . . .
LCPA 88-1 @
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Policy 2-1 C.
TEXT
CHANGES
Ct,2 ~I BA-CCL 7, PRGt 9 f / , i-Artdi1 4.3-A (d"
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@EXHIBIT B 10-19-
LU, I\
PERMITTED USES ON DESIGNATED AGRICULTURAL LANDS
The land uses described below shall
any designated coastal agriculltur
which has@ been approved for devel
1. On any Class I through C
Agricultural Lands (See ExhLibi
the following uses only are pen
a. Cattle, sheep, goats, ar
IC production, provided t:
number of any one or c0:mbi.r
said animals shall not ex
animal per half acre of 1
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Structures for containing
shall not be located withil
of any habitable structurl
same parcel, nor within 30(
an adjoining parcel zc
residential uses.
b. Crop production;
C. Floriculture:
d. Horses, private use;
e. Nursery crop production;
f. Poultry, rabbits, chin
hamsters, and other small
provided not more than 2
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e .!
one combination thereof st
kept within 50 feet (
habitable structure nor wit
feet of an adjoining parce
for residential uses:
g. Roadside stands for displ
sale of products produced
same premises, with a floc
not exceeding 200 square f
located not nearer than 20
any street or highway; t
h. Tree farms;
i. Truck farms:
j. Wildlife refuges and
preserves ;
k. Other 'uses or enterprises
to the above customarily cal
in the field of general agrj
including if necessary ac
uses such as private 5
children's playhouses, rac
television receiving an
windmills, silos, tank
shops, barns, off ices, COOK
houses, stables, pens, corri
similar uses required i
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conduct of the uses above:
1. One single family dwellir
guest house per existing
building parcel:
ma. Dogs # cats, and other dc
pets, provided not more thz
dugs or four cats older th
months or any combination .
shall be kept on any lot or
of land; and
9 n. Home occupation.
2. On any class V through VI11 Agrric:
Lands (See Exhibit 4.2 .) I the fo.
uses only are permitted:
a. All of the permitted uses
above :
b. Hay and feed stores :
c, Nurseries, retail and wholes'
d. Packing sheds I processi.ng
and commercial outlets fo
crops, provided that
activities are not located
100 feet of any lot line:
e. Greenhouses I provide(
requirements for yard setbac
height as specified in
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21.07 of the Code are met.
3. On any Class I through
Agricultural Lands (See Exhibit
the following uses are pelnuit
conditional use permit provided:
~ ~~ a. The use promotes and provi
the long term prese~rvat
Coastal Agricultural Land; a
b. Fulfills the requiremen'
findings for a condition
t permit with the city of (Carl
1. Apiary, provided th
hives or boxes hausil
shall be placed at le
feet from any street,
park, "RW zone, or f
dwelling or place ol
habitation other thz
occupied by the ow
caretaker of the apiaq
2 . Aviaries;
3. Poultry, rabbits, chinc
hamsters, and other
animals in excess
number specified in
21.07.020.
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4. Farm employee housir
persons working 01
provided the number of
shall not exceed two pe:
acre of land area and 1
housing is located closl
50 feet from any lot li:
5. Hay and feed stores;
6. Nurseries, retail
wholesale:
LC 7. Packing sheds or
processing plans fo:
crops, similar to thoa
grown on the pre
provided no such pro
plant is located wit
feet of any lot line:
8. Public works projects :
9. Sanitary landfills, tern
10. Stables and riding aca
public:
11. Botanical gardens, arbc
and other relate
supporting facilities
display and educatior
agricultural and
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products within Carls
the surrounding region;
12. Farmer's markets or
facilities for the ex
sale of agriculturz
floral products 1
Carlsbad or the surr
region; and
13. A floral auction and
facilities which p
financial support to
growers within Carlsh
the surrounding region.
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Policy 2-2 "MIXED-USE" DEVELOPMENT
Intent
This policy provides conditional development standards
area of approximately 482 acres.north of Palomar Airport X
east of Paseo del Norte including the additional 20 acres
Paseo del Norte and Interstate-5. (See Exhibit 4.3 .) A
lands owned either by Carltas or Ecke or their succes
interest shall be permitted, pursuant to approval of a
Plan or a combination of a Specific Plan and Master P
_" convert certain agricultural lands to residential and/
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residential (including tourist-senting commercial) develop1
a means of providing supplementary uses which will assist
retention of agricultural uses on the remaining portions o
parcels. It should be noted that residential uses are p
only where they do not conflict with the Airport Influen(
and where they are compatible with adjacent uses.
A. Basic Permitted Uses on Existinq Leqal Parcels
Where each existing legal parcel as of July 14, 198i
Exhibit 4.3.) is developed individually, permitted uses s
those described above in Policy 2-1 C Permitted U
Desisnated Coastal Asricultural Lands.
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B. Uses Conditionallv Permissible Pursuant to the Deve
of the Entire Area Subject to a Master Plan
1. Consistent with the Carlsbad General Plan resid
commercial (including tourist serving commercial) I an
non-residential uses may be developed up on to 137 a
the approximately 482 acre site subject to a Master E
the entire site.
2. Development shall be clustered along Palomar Airpor
Paseo del Norte, and Cannon Road as per Exhibit 4.3A I
3. Any amendment to the location of the developable are
be required to prove that the new area for develop
not more suitable for agriculture than the pre
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=bit 4.3A
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developable area. The intent of this requirement
cluster development on lands least suitable for agria
4. All remaining lands of approximately 345 acres (See :
4.3A.) shall as a condition of the Haster Plan be prl
in agriculture for as long as feasible. Feasibili?
be determined €or the entire 345 acres covereld L
restriction. Further, feasibility shall be subject
requirements of the Hello I1 Coastal Agricultuml I
Zone Section 21.82.060(c).
5. Pursuant to Section 51257 of the Government Cod
boundaries of the lands designated for agriculture
amended.
* I - Item No. 6 on p'age 8 of Exhibit "C" which deals with the
amendment to the Local Coastal Plan -revised to rea
by CCC L
6. As an interim step (prior to a complete M
Plan) up to a 35 acre portion of the 137 acres
Phase I of Carlsbad Car Country may be developed Phase I1 expansion of Carlsbad Car Country pursuant
Specific Plan.
follows: Ltoap (
of developable land located adjacent and easter
7. The 137 acres of developable land includes any port
the 482 acre site (See Exhibit 4.3A.) that ha:
developed prior to the Master Plan approval.
8. The Haster Plan shall provide a mix location and in
of land uses that are compatible with and will not ad-
impact the long term viability of agricultural uses.
9. All development shall include special treatment 1
either through design or through physical barrier
stabilize the urban - agricultural boundaries and lim:
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level of insignificance agricultural impacts on the
uses.
10. All tenants of deve1,opable portions of the site sha
notified as to the requirements of the Specific and 1
Plans and agricultural uses on the designated land.
11. In implementing the ! Waster Plan all land oumerl
tenants within the 482! acre site shall waive any ri!
file nuisance claims ag',ainst normal agricultural opera.
12. All development shall b.:e located so as to not interferl
normal agricultural ope'rations including but not 1.imi.
cultivation, irrigation' and spraying.
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13. As a condition of approval of either the Haster Pl.an I i
Specific Plan fop the ghase I1 expansion of Carlsbi
Country, whichever odcurs first, the property
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(Carltas and/or Ecke or !their successors in interest)
record a deed restriction endorsed by the Coastal Comm
or its successor in interest and the City of Carlsbal
the 345 acres of land identified on Exhibit 4.
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designated for Agriculturral uses and any modification
shall require a LCP amendhen a i
14. It is recognized that roads can function as buffers b
- dissimilar land uses as well as providing access to
Therefore, roads may be I"mated entirely or partially
at all within areas des:ignated for agricultural use,
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decision to include !or exclude (either partial
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entirely) roads shall i be a condition of the c i
F I I t I -9- 1 * As a condition to any amenc,pmnt to the developable area, the pi
owner shall execute an amebcknt to the deed restriction reflec
the modification to restri.cted and unrestricted lands.
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development penit that includes the construction 4
road.
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LCPA EXHIBIT C
10/19/88
LCPA 88-1
A. The Mello I1 LCP shall be amended to incorporate the following mitigat measures as pol icies pertaining to the development of the subject Carl property.
POLICY 2.2
15. In order to tie the eastern and western agricultural areas togel the proposed north/south road shall incorporate a grade separal at its northerly portion. The grade separation shall be sufficient dimensions to allow farm vehicles and equipment to I freely between the east and west.
16. Concurrent with the construction of the proposed north/south 1 the developer shall grade area Y as shown on Exhibit "A", sub, to the satisfaction of the P1 anning Director so as to create an ( level enough to a1 low the same type of agriculture that occ westerly of the west ridge to continue around the ridge on the SI facing slopes of said ridge. In order to ensure agricultl viability the developer shall amend the soils after grading the ' to be equivalent to the existing Class I11 Marina soils capability.
17. A1 1 structures to be located in the future developable area s
be setback a minimum of 50 feet from the adjacent area design for agriculture.
18. A solid wall or fence shall be installed around the entire perirr of the developable area. The wall (Fence) shall be a minimum 6 in height and shall be incorporated into the grading where feasi The intent of this measure is to provide a physical barrier bet agricultural and urban uses. The wall or fence shall functio both restrict uncontrolled access into agricultural areas an reduce drift of dust and spray materials into urban areas. perimeter wall or fence shall be constructed concurrent development of the property, except that, if the road is buil one phase, which would open the access through the agricult lands, an appropriate barrier shall be incorporated along roadway. Alternative forms of barriers may be considered pro\ they satisfy the intent of this measure.
19, Windbreaks (landscaped) shall be installed on the develol;
portions to aid in reducing the effects of farm spraying and
generation.
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20. Landscape pl ant materi a1 in the developable area shall be sel ec for resistance to pests, particularly aphids, thrips, white fly spider mites. Landscape plantings shall be inspected routinely presence of pests and treated as required to control them. All pe shall be eliminated by means that do not adversely imp agricultural crops.
21. Landscaping with herbaceous plantings shall be discouraged, si
they are likely to be hosts of the pests likely to invade the f crops.
22. Drainage water from buildings, streets, parking areas and landsc
in the development shall be disposed of through storm drains otherwise in a manner that will avoid any runoff onto farming ar whether planted or fallow.
23. If development of the proposed developable portion impacts wi rates on the agricultural land then the developer shall subsic the water rates to the extent that they equal farm water rates
24. The developer shall notify in a manner satisfactory to the ( Attorney a1 1 tenants/users of this proposed developable portion 1 the area is subject to dust, pesticides, and odors associated \ adjacent farm operations and that the tenants/users occupy the i at their own risk.
25. The cost of the above mi tigation measures shall be borne by developer and shall not be passed on to the agricultural opera' (existing or future). For all agricultural land that Carltas or successor in interest chooses not to farm on a yearly basis reasonable effort shall be made to offer the agricultural land lese or rent at a value equal to or less than the average prevai' market rents for similarly situated Coastal agricultural land fc within a 30 mile radius of the Carltas property.
26. As part of a farm operator's lease, there shall be a requiremen keep dirt roads watered regularly to minimize dust impacts on c' as well as on adjacent non-agricultural uses.
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PLANNING COMMISSION RESOLUTION NO. 2785
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL MEDIUM DENSITY (RM) AND NONRESIDENTIAL RESERVE (NRR) TO OPEN SPACE (OS) AND NRR ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF PASEO DEL NORTE NORTH OF PALOMAR AIRPORT ROAD.
APPLICANT; CARLTAS DEVELOPMENT COMPANY
CASE NO.: GPA/LU 88-2
8 I1 WHEREAS, a verified application for an amendmer
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Code: and I*
for amendment as provided in Title 21 of the Carlsbad I! 13,
WHEREAS, said verified application constitutes i 12
herein, has been filed with the Planning Commission; and
on Exhibit ItDt1, dated October 19, 1988, attached and incc lo
General Plan designation for certain property located, '
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l6 I I' WHEREAS, the Planning Commission did, on the
of October, 1988, hold a duly noticed public hearing as pr
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18 11 WHEREAS, at said public hearing, upon heal
by law to consider said request;
''1' considering all testimony and arguments, if any, of all I/
2o /I desiring to be heard, said Commission considered all
21 // relating to the General Plan Amendment.
22 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 23i1 Commission of the City of Carlsbad, as follows:
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~ A) That the above recitations are true and correct.
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1 B) That based on the evidence presented at the public
the Commission DENIES GPA/LU 88-2 based on the 1
findings :
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I 11 Findinss :
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3 li Medium (RM) and Nonresidential Reserve (NRR) to op (OS) and NRR is inappropriate because the Ope
41 1, proposed is not in the best location to meet the op
needs of the Community.
j/ 1. The recommended Geaeral Plan Amenhent from ~es
I! 5; i! 2 . The land uses as proposed are not consistent with
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Plan goals and policies emphasizing the need to pre
protect the City's ridges and hillsides. jl
! 3. The location of proposed developable areas are
8 visible and may create major impacts on the 1-5 cor1
other scenic roads contrary to adopted goals and p
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PASSED, APPROVED, AND ADOPTED at a regular meetin
Planning Commission of the City of Carlsbad, California,
the 19th day of October, 1988, by the following vote,, tc
13 // AYES : Chairperson McFadden, Commissioners: Schramm,
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and Erwin.
NOES : Commissioners : Marcus and Schlehuber.
ABSENT: Commissioner Hall. ,I
l6 I1 ABSTAIN: None.
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OfkA +J y?@c.$.&/& " ""
J~NE B. ~CFADDEN, c Blrpc -r
C~LSBAD PLANNING COMMISSIC
21 11 ATTEST:
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Planning Director 24
c, 4:;; ;,c$.t L~,;. ,/ .q $:!< 4 ' ," /-. . ~ ""_
MICHAEL J. HOLZMILLERlL7
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LEGEND
RM MED
NRR NON
0
IUM DENSITY 4-8
-RESIDENTIAL RES
D.U. P
SERVE
PSCIllC ocs.
'ER ACRE
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PROPOSED GENERAL PLAN
LEGEND Peclflc Ocean
os OPEN SPACE (Approximate boundary)
NRR NON-RESIDENTIAL RESERVE
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1 11 PLANNING COMMISSION RESOLUTION NO. 2786
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'
OF' CARISBAD, CALIFORNIA, DENYING A ZONE CHANGE FR(
R-A-10,000 AND EA TO OPEN SPACE (OS), LIMITED CONTRl (L-C-Q) AND EXCLUSIVE AGRICULTURE (EA) ON PROPER'
GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROA
EAST OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPO
ROAD. APPLICANT: CARLTAS DEVELOPMENT COMPANY
CASE NO.! ZC 8814
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8 ii WHEREAS, a verified application for certain propc
9 11 wit:
10 ! A portion of Lot H of the Rancho Agua Hedionda, M No. 823, in the City of Carlsbad.
has been filed with the City of Carlsbad, and referrec
Planning Commission: and
WHEREAS, said application constitutes a request as 7 by Title 21 of the Carlsbad Municipal Code; and
15 WHEREAS, the Planning Commission did on the 19tk
l6 I October, 1988, hold a duly noticed public hearing as pr
I?
18
by law to consider said request: and
WHEREAS, at said public hearing, upon hear
considering all testimony and arguments, if any, of all 19 ~
I' 2oi
21
desiring to be heard, said Commission considered all
22
relating to the Zone Change: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
23 I Commission as follows:
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27
11 A) That the foregoing recitations are true and correc
B) That based on the evidence presented at the public the Commission DENIES ZC 88-4 as depicted on Exk
dated October 19, 1988 incorporated herein and, bas
following findings:
28 '' ////
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l
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1 11 * Ii Findinss:
2, /I 1. The zoning as proposed is not consistent with Gens
3 Ii goals and City policies regarding the preservation c
and hillsides. II 4 'i 11 2. The area proposed for Open Space may not be i
5 j; appropriate location based on the goals and
identified in the Open Space Element.
The areas proposed for development are not appropr
the type of development proposed based on topograp
high degree of visibility.
PASSED, APPROVED, AND ADOPTED at a regular meetinr
Planning commission of the City of Carlsbad, California,
the 19th day of October, 1988, by the following vote, to
AYES : Chairperson McFadden, Commissioners: Schramm,
NOES : Commissioners : Marcus and Schlehuber. 12
13
14
ABSENT: Commissioner Hall.
15
ABSTAIN: None.
and Erwin.
16 '1
17 11
I
1-8 I 19 ,/ ATTEST:
I
20 j 7,
/'';,<% , /A ; ,! ., , A&&" 1 ' A PI& 21
22
MICHAEL. ' 'wdiMILLgL,/I Planning Director
z3 //
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27
28 PC RESO. 2786 -2-
v
LEGEND
RM MEDIUM.DENSITY
NRR NON-RESIDENTIAL
4-8.D.U. P
RESERVE
E
~~~~ ~ -~ ~~~ ~ ~~~~ ~ ~ - ~ ~~ ~
LEGEND
os OPEN SPACE (Approximate boun
NRR NON-RESIDENTIAL RESERVE
'hi \ PROPOSED GENERAL PLAN
,!
I1
2 I, I/
I'
3 /i
4 ii /I 5 I:
0 e
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
6 ,' 'I WHEREAS, a verified request for an amendment. to
jl 7 !! Conservation Contract for Agricultural Preserve No. 76-1,
a on Exhibit IrAtl, dated October 19, 1988, attached and inco
9 herein, has been filed with the Planning Commission; and
10 WHEREAS, said verified application constitut.es e
I' for amendment as provided in Section 51257 of the. Ca
l2 11 Government Code; and
13 11 I 1
WHEREAS, the Planninq Commission did, on the
141) of October, 1988 , hold a duly noticed public hearing as pr
15
16 WHEREAS, at said public hearing, upon heal
171 considering all testimony and arguments, if any, of all
by law to consider said request; and
l8 I/ desiring to be heard, said Commission considered all
I' I' i relating to the Land Conservation Contract for Agri
20 11
l, Preserve No. 76-1B Amendment.
21 li I NOW, THEREFORE, BE IT HEREBY RESOLVED by the
22 ~ COmmissiOn of the City of Carlsbad, as follows:
A) That the above recitations are true and correct. 23 1
nr /I
i=4 l! B) That based on the evidence presented at the public the Commission DENIES the proposed amendments to Conservation Contract for Agricultural Preserve No. shown on Exhibit rlX1l, dated October 19 , 1988 base( following findings:
25 i
26 i
27 I////
28 I
! ii
1
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A 11 Findinqs:
2 1' (i 1) That based on the information presented it was net
3 11 to determine if the land added to the contract wai same fair market value as land being removed. II
11 4'1 2) That the land swap as proposed may be incompatible
5! I/ preservation of ridges and hillsides.
6 ji PASSED, APPROVED AND ADOPTED at a regular meteti1
7 I' Planning Commission of the City of Carlsbad, California,
General Plan and City goals and standards r
/i 811 the 19th day of October, 1988, by the following vote, to
10 9 11 I
11 11
I.2 i
13 1
14
15 I
1
AYES : Chairperson McFadden, Commissioners: Schr;
NOES : Commissioners : Marcus and Schlehuber.
ABSENT: Commissioner Hall.
ABSTAIN: None.
and Erwin.
A
&%i..k& %e&&
J@hNE B. MCFADDEN, Chairperson
CARLSBAD PLANNING COMMISSION
l6 // ATTEST:
17 ~
18 (,:,;,. !
'1 . i
19 1 MICHAEL J. 'HOLZMILLERhY
n L-
-. J%.ii& -<&L" - - ,
II PLANNING DIRECTOR
20
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22
23
24
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26
27
28 PC RESO. 2787 -2-
0 e
EXHII
1 o/ 1'
SECOND AMENDMENT TO
LAND CONSERVATION CONTRACT
Aqricul tural Preserve No. 76-1
By this second amendment dated , 1988, Cal
Company, a California Limited partnership, successor in interest as owof
Carltas Corporation, (hereinafter referred to as "Owner") and the Cit Carlsbad, a political subdivision of the State of California, (hereini
referred to as "City"), the Land Conservation Contract dated February 10, ] by and between Carltas Corporation and the City of Carlsbad (the ''Contract'
hereby amended pursuant to the provisions of Section 51257 of the Government
of the State of California in light of the following facts and circumstanc
A. Pursuant to the provisions of Section 51257 of the Government of the State of California, subdivision (c), the Owner has petiti
the City to permit a boundary adjustment to add propertie Agricultural Preserve No. 76-1 and to delete other propertie identical acreage from said preserve.
B. The City and California Coastal Commission have made determinations required under Section 51257 that sub boun
adjustment should be made and that the amendment stated herei
appropriate, and is consistent with the intent of Section 5125 the development of a Local Coastal Program with provision for term preservation of agricultural lands.
C. Owner and City desire to further amend the contract to spe
certain conditional uses permitted under the Williamson Act.
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of
amendment, the land depicted on the attached Exhibit "A", dated October 19, 1
as "New Contract Land" shall hereinafter be subject to the Contract and the
located along the north/south trending ridge/valley system shall be deleted no longer subject to the Contract. There shall be no net loss of land under Conservation Contract Agricultural Preserve No. 76-1 due to this boun amendment.
Section 2. m. For purposes of the determination of the term of
agreement with respect to the New Contract Land, herein made subject to
years from the effective date of this amendment and Owner hereby waives the r
to cancel this agreement as to such property for a period of five y~
commencing on the effective date of this amended contract.
Contract and previously not subject to the Contract, the term shall he fol
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Section 3. CHANGE IN NOTICE. Pursuant to the provisions of Sect; 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. Excep hereinabove set forth, the land conservation contract dated February 10, is hereby ratified and confirmed. Executed on the date first written abov
Section 5. RECORDATION. The Owner shall record this amendment a
Section 52183.4 of the California Government Code.
Section 6. AMENDMENT PROCEDURES. Amendment of this amendment; of Conservation Contract Agricultural Preserve No. 76-1 shall not occur unti conditions and contingencies specified in the agreements have been satisf
Carltas Company, a California Limited
Partnership
By : Paul Ecke, Jr., General Partner "OWNER"
City of Carlsbad, a Municipal Corporation
By : C1 aude A. Lewis, Mayor "CITY"
(Notarial Acknowledgements)
e
Ill
0
10- 19-88
EUIBIT A
*OVA HCDIOCO* uoo~
PACSlC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMENT
a Added to the Preserve (52 aC.1 LTi Removed from the Pr
:.......: Existing DeveLopabLe Area (outside preserve)
. . . . . . . .
a 0 EXHl
APPLICATION COMPLET
SeDtember 15, 1988 c
STAFF REPORT
DATE : OCTOBER 19, 1988
TO : PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: LCPA 88-1 (MELLO I I I/GPA/LU 88-2/ZC 88-4 WILLIAMSON CONTRACT AM[
76-18 - CARLTAS' CARLSBAD RANCH - Request approval of various r
aCtiOnS to WlbW approximately 52 acres from the agricL preserve and add an equal amount of area to the preserve different area (1 and swap) on property located north of p Airport Road and east of Paseo del Norte in Local Faci Management P1 an Zone 13.
I. RECOW4ENDATION
That the Planning Commission ADOPT Resolution No. 2783 APPROVING the mit
Negative Declaration issued by the Planning Director and ADOPT P1 Commission Resolution Nos. 2784, 2875, 2786 and 2787 APPROVING LCPA 88-1 l II), GPA/LU 88-2, ZC 88-4, and Williamson Contract Amendment No. 76-16 ba: the findings and conditions therein where relevant and appropriate.
11. BACKGROUND AND ANALYSIS
On August 23, 1988 the City Council directed Planning staff to priority pr a request by the Carltas Company to amend its Agriculture (Ag) Preserve Cor
No. 76-1 with the City . The proposed amendment would remove approximat6
acres of land from the preserve and add 52 acres of land to the preservc
another area that is contiguous (Exhibit "A"). The priority processi
necessitated by a "sunset clause" in the state legislation that allows land
to Agricultural Preserves. The Mil 1 iamson Act of 1965 (Government Code
51200 et. sea.) was amended in 1985 to allow land swaps of agricultural la
equal value but only until January 1, 1989.
The Carltas Company maintains that it has diligently pursued extendin5 deadline for a swap but that opposition at the state level precluded extension. The applicant claims that without the swap as is being prop Carltas, for business reasons, will be forced to develop the land not prot by the Ag-Preserve Contract and the Local Coastal Program. This developable contains the west facing slopes traditionally known as the "flower fie' Carltas further maintains that it is the desire of the Ecke family (ownel
carry the costs of Palomar Airport Road assessments and anticipated cash I
such as future estate taxes. In requesting priority processing Carltas of1 to place the open space General Plan and zoning designations over the "fl
fields" to ensure their long-term preservation.
Carl tas to preserve the "flower fields" while a1 lowing adequate developmel
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GPA/LU 88-2/LCPA 88- 1 ZC 88-4 - CARLTAS OCTOBER 19, 1988 PAGE 2
The legislation in addition to having a sunset clause requires that any
consistent with the certified Local Coastal Program (LCP) governing th The MELLO I1 Local Coastal Program regulates development of the site w located north of Palomar Airport Road (PAR) and east of Paseo del Norte
The Local Coastal Program currently allows development of approximately 1: of the Carltas holding in exchange for the long-term preservation of agri on the remainder of the nearly 500 acre site. The Local Coastal P
however, requires development to be concentrated along Palamar Airpor
Paseo del Norte, and Cannon Road. Carl tas by amending the Ag-Preserve bou is proposing development be concentrated along the north/south trending Thus, a Local Coastal Program Amendment is required for consistency in o allow the amendment to the Wi 11 i amson Contract.
State law also requires the City's General Plan and zoning to be consistc
the Local Coastal Program. The General P1 an does not include a designation for agriculture, instead the Non-residential Reserve classif designates areas held in reserve for non-residential uses such as agric industrial, commercial, etc. The applicant therefore proposes to rede the site from a combination of Medium Residential (RM) and Non-Resi Reserve (NRR) to a combination of NRR and Open Space (OS). The Ope designation would be placed over approximately 50 acres of the west facir traditionally referred to as the "flower fields".
In order to provide consistency between the zoning and other related a a Zone Change from R-A-10,000 and Exclusive Agriculture to Open Space (( the 50 acres known as the "flower fields", Exclusive Agriculture o reconfigured boundaries of the Ag-Preserve, and Limited Control (L-C) c remaining developable portion of the site. Staff is recommending a Q be placed over the L-C zone (see Analysis section).
111. ANALY S IS
Due to the number of complex actions being considered, the discussion/analysis that follows will be divided into separate sections with each of the requested actions plus a section focusing on Staff t re1 ated to the 1 ocation and shape of the area proposed to be excluded 1
Ag-Preserve (i .e, avail able for development) .
A. Amendment to the boundaries of the Agriculture Preserve.
Planninq Issues
Is the proposed boundary amendment consistent with the provisions of
51200 et. seg, (especially Sec. 51257) of the Cal ifornia Governma
(Williamson Act)?
(I) m
GPA/LU 88-2/LCPA 88- 1 IC 88-4 - CARLTAS OCTOBER 19, 198s
PAGE 3
DISCUSSION
In 1965, the State Legis1 ature added Section 51200 et. sea. to the Gover Code. Section 5100 et. seq. (known as the Williamson Act) authori2,ing jurisdictions to establish a Conservation Contract. Landowners within ,a prc may enter into a Land Conservation Contract with the jurisdiction to res their land to agricultural or open space uses whereby tax assessment of land will be based on its restricted use rather than on its fair market v The terms of the contract require the 1 and use to be restricted for a spec period of time (10 years). There are monetary penalties for prem cancel 1 ation of the contract.
In 1976, the City entered into a Land Conservation Contract with the Cal
Company to establish a 345 acre Agriculture Preserve. The contract h2 automatic renewal clause such that unless a nonrenewal notice is filed, contract will not expire. Instead, the contract will always be for ten yl
The amendment to the Ag-Preserve contract proposes to only modify the bound of the preserve. In 1987 the City and Coastal Commission approved Ag-Pre Amendment 76-la which expanded the list of allowable uses on ag-lands unc Conditional Use Permit. That amendment a1 so included the boundary adjusi to the preserve which allowed the expansion of Car Country.
Section 51257 of the Government Code was amended in 1985 to allow such bour adjustments of existing agricultural preserves providing certain findings amend the contract, can be made by the City and the Cal ifornia Coastal Commi! to approve the boundary adjustment. In general the findings focus on requirements that the boundary adjustment will not diminish the long- preservation and vi abi 1 i ty of agri cul tural 1 ands.
Specifically the following findings must be made:
1. There will not be a reduction of the amount of acreage under contrac
of January 1, 1985.
2. The land added to the contract is at least equal in size, agricult suitability and fair market value as the land being removed from contract.
3. At least 50% of the 1 and presently subject to the contract will re subject to the contract.
4. The boundary adjustment is located within an incorporated City with county with a population in excess of 1,500,000.
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GPA/LU 88-2/LCPA 88- 1 zc 88-4 - CARLTAS OCTOBER 19, 1988 PAGE 4
5. The contract affected by the adjustment has been in effect f0.r a1 10 years.
6. The adjustment is consistent with the General PI an.
7. The 1 and added is contiguous with 1 and either under contract OIT 01 a single family.
8. The proposed adjustment is consistent with the findings that are rl for cancellation of the contract.
There were 345 acres under contract in 1985. The 1987 Car Country expans accomplished by a land swap so that there are still 345 acres in the prc The currently proposed 52 acre swap would leave 345 acres under COI Additionally the 52 acre swap means that 85% of the land presently under c1 will remain under contract.
As part of the swap proposed, the City required the applicant to sublmi that the land being added to the preserve was at least as suitat agriculture as the land being removed. As noted previously, in addition t
review, the City contracted for an independent "third party" review. The (an file in the Planning Department) both concluded that the land bein1 to the preserve was slightly better for agriculture than that being rem
The applicant did not submit any appraisals, so that it is difficult to the fair market value of the two parcels. the area being added may have a value than that being removed. The area being added is primarily zo agriculture (E-A) while that being added is mostly zoned for residentia
10). With respect to the General Plan the area being added is a combina residential (RM and non-residential (NRR) while that being removed is pr
NRR where specific uses must be determined through analysis of s proposals. Since the NRR designation does not give a clear entitlem development, determination of specific uses is subject to discret. assigning a precise value to the property is risky.
With respect to the other required findings, the Land Contract has been ir since 1976 (eleven years). Also, San Oiego has a population in excess
million. The land to be added is contiguous with the remaining contrac
Finally, there is no request to cancel any portion of the contract.
B. Amendment to the Mello I1 Local Coastal Program Segment
P1 anni na Issue
Is the proposed amendment to the Mello I1 Local Coastal Program, which r the boundaries of the developable portion of the Carltas site, consistc the long-term preservation of agriculture goals of the Local Coastal PI
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GPA/LU 88-2/LCPA 88-1 ZC 88-4 - CARLTAS OCTOBER 19, - 1988 PAGE 5
0 I SCUSS ION
As previously mentioned an Ag-Preserve boundary change was the subject of Ag-Preserve Contract Amendment and a Local Coastal Program Amendment to the expansion of Car Country. The currently proposed Local Coastal I Amendment would do three things:
1. Change the Local Coastal Program map boundaries (Exhi bit 4. the Local Coastal Program that delineate ag-lands and (devel lands consistent with the boundaries proposed in the Ag-Pr Contract Amendment (Exhibit "X") ; and,
2. Change the Local Coastal Program text that requires developm be clustered along Palomar Airport Road, Paseo del Norte, and Road per Local Coastal Program Exhibit 4.3A to add the phras clustered on the first major ridge area as designated on E
4.3A." (This would be modified to be consistent with y\ew E
" x " * )
3. Amends the Local Coastal P1 an text to a1 low any deed restri governing Ag/Urban areas to be modified consistent with any ap boundary changes.
The 1987 Local Coastal Program Amendment was approved with additional r policies aimed at ensuring the long-term viability and preservati agriculture on the Carl tas site. Of particular importance were the r policies that required:
(a) Any new amendment to the location of the developable a prove that the new area of development is not more su for agriculture than the previously developable area. intent of this requirement is to cluster devel ament on 1 east sui tab1 e for aqricul ture.
(b) The Master P1 an (required for future development) to pi
a mix, location and intensity of uses that are compatib? and will not adversely impact the long-term viabili agricul tural uses.
(c) All development shall include special treatment buffers. stabilize the urban-agricultural boundaries and 1 imit level of insignificance ag-impacts on the urban uses.
(d) All development shall be located so as to not interfen normal agricultural operations including but not 1 imit cultivation, irrigation and spraying.
a ab
GPA/LU 88-2/LCPA 88- 1 ZC 88-4 - CARLTAS OCTOBER 19, 1988 PAGE 6
The following analysis will focus on the above Local Coastal Program PO in determining consistency with the goal of long-term Ag-Preservation.
The ag-study submitted by the applicant as well as the independent third review contracted by the City indicate that the swap area for development i: suitable for agriculture than the swap area being placed into the Ag-PreL The applicant's ag-study did not address the second issue -- what is the least suitable for agriculture? However, the applicant claims that, the
soils of the ridgetops and the poor drainage of the valley are reasons wh middle of the property is least suitable for agriculture. The City's illdepe consultant instead believes that the land least suitable for agriculture
along the eastern portion of the property extending from Palomar Airport to Cannon Road -- not the middle of the property as is being propose( development .
In other words, the issue of least sui table remains somewhat unresolved and
is not really qualified to address the issue. However, no development can place on any portion of the property without an approved Master P1 an and Co' Development Permit. It should be noted that it is unknown whether the currently designated for development is least suitable for agriculture. Howl the Local Coastal Program requires as a condition of a Master Plan for el property - the preservation of agriculture of 345 acres for agricultural fl long as feasible. It would then appear to make more sense to address the i of suitability at the Master Plan stage.
The ag-study and the independent consultant review of the study indicated the proposed location of development could both lead to compatibility prot with adjacent farming and could adversely impact the long-term viability of agriculture. The concerns centered around compati bi 1 i ty and boundary confl i
bisection of ag-operations; and, buffer treatment to mitigate both urban on farming and vice versa. Agricultural operations generally involve generation of dust and the potential for fugitive spray (either pestici fertilizers, and/or irrigation to adversely impact adjacent urban uses). A' same time the-proximity of urban uses can adversely impact ag-operations, f near urban uses are often subject to vandalism. Also when urban areas surr ag-areas, it is difficult to attract and maintain a supply of farm la Therefore, numerous confl icts in compati bil i ty can arise a1 ong urban/agri cul tural boundary.
The "island" shape of proposed development maximizes the length of the bounl between farming and urban uses, meaning that the proposed configuration
almost doubles the length of incompatible boundaries. If the boundaries are unaffected by the proposed modifications are excluded, there approximately 6,600 linear feet of conflicting boundaries under the exis configuration as compared to 12,750 linear feet of conflict related to proposed configuration.
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GPA/LU 88-2/LCPA 88- 1
OCTOBER 19, 1988
ZC 88-4 - CARLTAS
PAGE 7
The proposed "island" shape which extends Palomar Airport Road to approxil,
300 feet from Cannon Road nearly bisects the agricultural areas. This caul(
the negative effect of increasing the cost of farming operations because
would be a need for separate irrigation systems and farm machinery. The i would be reduced if different operators farm the east and west ag-parcel2 this case as noted above, the island shape still brings urban uses closer 1
farm operations instead of just one as would be the case under the ex: shape.
Finally, since the proposed shape brings urban uses closer to farm uses is a greater need to create artif ici a1 barriers or buffers to reduce the neg effects of dissimilar uses.
Both the ag-study and the environmental document prepared by staff recog)
the need to mitigate the potential incompatibility of boundary confl
Special conditions were added to the Conditional Negative Declaration
require:
(a) The north/south road through the developable area to incsrpor; grade separation to allow for access to the east and west pal
without interfering with commercial traffic;
(b) Structural setbacks from farming areas;
(c) Physical barriers to the farm areas;
(d) Windbreaks and landscaping to reduce the effects of dust spraying; and
(e) The developer to bear the cost of all mitigation without raising rents.
The Conditional Negative Declaration requires twelve conditions (including t mentioned above) to be added to the Local Coastal Program as policy stateme Staff believes that the twelve conditions will sufficiently mitigate the imp
related to the incompatibility of farming and urban uses to ensure that the of the Local Coastal Program for the long-term preservation of agriculture be met.
C. Amendment to the General Plan.
Plannins Issues
1. Is the proposed amendment consistent with State Law requiring confor
between the Local Coastal Program and General Plan?
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GPA/LU 88-2/LCPA 88- 1 ZC 88- 4 - CARLTAS OCTOBER 19, 1988 PAGE 8
2. Is the proposed amendment consistent with the goals and policies (
plan including those recommended by Citizens Committee and adopt Counci 1 in 1985?
DISCUSSION
The proposed amendment to the General Plan (Exhibit "8") would place thc Residential Reserve (NRR) over the entire site with the exceptic approximately 50 acres of the western slope ("Flower Fields") which wou designated Open Space (OS).
The Local Coastal Program requir.es the Carltas property to remain in agricu until a Master Plan which provides for the long-term preservation of agricu on 345 acres and the development plan for 137 acres has been approved. The Coastal Program further specifies the location and type of development that occur. Related to the type of development the Local Coastal Program notes residential uses are possible only where they do not conflict with the Ai Influence Area and where they are compatible with adjacent uses.
The NRR classification designates areas held in reserve for non-residential such as agriculture. This designation is consistent with the Local Co
Program since no other designation exists exclusively for agriculture. Th does not give any land use or development entitlements. A subsequent Get Plan Amendment is required to determine actual permitted land use. Finally designation recognizes that the area proposed for development lies a. entirely within the Airport Influence Zone so that residential uses may nc possible.
The area proposed for the open space designation could also be designatec and be consistent with the Local Coastal Program. However, the Open ! designation better ensures both the City's adopted goal and the property owr desire to preserve the "flower fields". While the NRR designation al
agriculture, farming could be considered an interim use. The OS designatit generally reserved to apply to areas that are to remain in open space uses
as agriculture.
0. Zone Change
P1 anninq Issues
Is the proposed Zone Change appropriate to implement the General Plan and 1 Coastal P1 an amendments?
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GPA/LU 88-2/LCPA 88-1 ZC 88-4 - CARLTAS OCTOBER 19, 1988 PAGE 9 -
DISCUSS ION
The property is currently zoned Residential/Agriculture (R-A-10, 10,000 foot minimum lot) and Exclusive Agriculture (E-A). The E-A designation coi with the original boundaries of the Ag-Preserve. The zoning was not amende those boundaries were modified in 1987. The proposed Zone Change would des the area in the Ag-Preserve as E-A (except for the "flower fields" which be designated Open Space). The developable area would be zoned Limited C (L-C) (Exhibit "C"). The purposes of the E-A Zone are to provide, protec encourage agricultural uses; recognize agricultural activities as a nec. part of the character of Carlsbad; and help assure a continued healthy ag-e( in the City.
The Open Space Zone is designed to provide open space uses which have been c necessary for aesthetic reasons as well as to designate high priority re: areas.
The intent of the L-C zone is to provide an interim zone for areas where pla for future uses has not been completed or plans for development have not formalized. This zone anticipates rezoning after proper plans have approved.
It appears that the Zone Changes are consistent with the purpose and inte each zone being proposed. The E-A zone is appropriate for the Ag-Preserve Open Space Zone which allows agriculture is more restrictive than €-A which help assure the long-term preservation of the "flower fields". Finall) proposals have been submitted for the developable area. Not only will a M P1 an have to be proposed, a local Faci 1 it ies Management P1 an must a1 ! approved before the area can develop so that the L-C zone is also appropr
It should be noted that staff is proposing a Q overlay be placed over thl Zone because of concerns that wi 11 be addressed in the next section.
E. Other Re1 ated P1 anning Issues
P1 annins Issues
Is the proposed location of the land swap and resulting area for develor consistent with accepted planning principles regarding boundary confl icts bel dissimilar uses and location theory regarding cornmercial/office use?
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GPA/LU 88-2/LCPA 88-1
ZC 88-4 - CARLTAS
OCTOBER 19, 1988 PAGE 10
DISCUSS ION
The proposed 1 and swap would create an 83 acre island of urban uses surr( by 345 acres of agricultural uses. (Note: There is approximately an addi, 100 acres of farming that is conducted on the SDG&E parcel immediately 1 north of there.) As noted previously there are conflicts at the farm boundary that are only worsened by expanding that boundary as is being prof Staff does believe that most of those conflicts can be properly mitigated I
conditions required in the Mitigated Negative Declaration. There are i Ssues related to the island shape of development that concern staff and r a number of questions. For example: the island is separated from exi development. The island concept appears to be a classic example of "leap- development. Will there be a subsequent infill into the ag-areas? What be the pressure to expand urban uses into the ag-areas? What type of subse urban uses would be appropriate in the ag-area?
Another concern relates to location theory which states that commercial (allowed in NRR and by the LCP) require location along major arterial fron to take advantage of high traffic volumes to capture patronage. Will the to attract patronage require the City to make future concessions on signa building heights? What will be the impacts of commercial traffic on adj farm operations? Is the proposed island shape and circulation system approp for expected traffic volumes?
The developable area utilizes the ridge of the westerly slope. The apple claims that this is to take advantage of views and to make development vir
so that there won't be a need for increased signage or building heil However, buffers are needed between farming and urban uses. Plus, the Gei Plan contains policies that protect ridgetops from development. Does the i! allow enough width to set development back from the ridge? If developmer set back, will there again be pressures to relax standards on signage building heights?
Planning for the developable area of the site has not to this point progre far enough to answer the above questions and satisfy staff's concerns. development of the site will require a Master Plan and re1 ated environme review as we1 1 as the approval of a Local Facil i ties Management Pi an. To g the future planning of the site staff recommends that a Qualified ("Q") ove be placed over the developable portion of the site This would require th Site Development Plan be approved as part of the development proposal. The Development Plan should ensure adequate setback from the ridgetop and/or slopetop edges (minimum 30 to 50 feet). The purpose of this requirement i preserve visual resources by reducing the "wall effect" of structures b placed too close to the edge of the top of slope or of a ridge. In addition
35 feet), and structural separation so that the visual resources of the "fl fields" and the ridge above are further preserved.
plan should require strict adherence to building height requirements (max
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GPA/LU 88-2/LCPA 88- 1 ZC 88-4 - CARLTAS
OCTOBER 19, 1988 PAGE 11
In summary, staff has a number of concerns regarding the shape and locat the revised development area as proposed. The area is basically an i slal serves to separate 1 arge areas of agriculture. It a1 so increases the am0 agriculture which will be impacted by urban uses and vice versa. The CI
clause on land swaps is causing the City to make a decision that is
The City will be receiving the highly visible flower fields in open sp; major desire of the City. The difficult thing to determine, is at what I The City may be getting intensive development on highly visible ridges chi the entire character of the area. It also may alter what the City ultis wants on adjacent land which will be developed in the future. As a res1 these things, comprehensive planning for the area becomes more difficult,
Because of the importance of the flower fields, however, staff Irecorn approval of the proposed amendments based on the conditions added to pre long-term agricultural viabil ity and the placing of a Q-overlay on thl portion of the site to ensure preservation of the ridgetops and visual resa as well as to maintain standards of building height and setback.
premature and would normally be made only in conjunction with a Master
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed actions will not h significant impact on the environment because the applicant has agrec implement mitigation measures contained in the Conditional Negative Declar
issued October 12, 1988. The environmental analysis of the related actions included field checks and independent consultant review identified the pos rural (farm)/urban boundary conflicts as a factor that could in the long lead to a reduction of crop acreage. Twelve mitigating measures were agrel by the applicant which when implemented with any future development reduce potential impact to a level of insignificance. No other impacts were ident during the environmental analysis and no comments were received during the p~ notice period for the Conditional Negative Declaration.
ATTACHMENTS
1. 2. 3,
4. 5.
6,
7.
8. 9. 10. 11.
Planning Commission Resolution No. 2783 (Neg Dec) Planning Commission Resolution No. 2784 (LCPA) Planning Commission Resolution No. 2785 (GPA) Planning Commission Resolution No. 2786 (ZC)
Planning Commission Resolution No. 2787 (Williamson Amend) Exhibit "A"
Exhi bit "4.3A"
Exhibit "B" (GPA) Exhi bit "C" (ZC) Location Map Disclosure Form
GW: af October 5, 1988
,
4401 Manchester AVC. #206, Encinitas, CA 92024
Bus&sS Address -* 4 l
..I . . (619) 944-4090
- .’ Tel.epho$ Ncptboc . * ..- I .- .
AGEW: Georqe S. tblte & Associates
Name
9755 Clairemnt Mesa Blvd., San Diego, CA 92124
Busmzss Mdress
(619) 278-9392
Telephone Nmber
.
Em: Christopller C. Cd&ins, k,@&pr sI-i?;aiv idual
1435 Guizot, San Diego, CA 92107
, partmer, ]omt ticme address venture, corporation, syndication)
4401 M&Chester Avt;. Ste. 206, Encinitas, CA 92024
Busmess Mdress
(619) 944-4090
Tele@one N unk r
Paul Ecke, Jr..
Nal-ikS
441 Saxony Road
\ time Pddress
441 Saxony Road
Busmess Address
Encinitas, CA 92024
753-1134
Telephone Nunber
, (Attach n-ore sheets if necessary)
Tale&one Nmber . -
The applicant is required to apply fpt Coastti COmiSSiOR approve
if located in the Coastal. Zone,
I/% declare under gmalty of perjury that the information contained in this
disclosure is true and correct a& that it will remain%& arxl correct: ard IMY k
relied upon as being true and correct until amMk$’ ’ Y---l)
.*
,, b
I *a
01
0,.
gxhibit rrBrt
Elisabeth K. Ecke
Name
441 Saxony Road
Home Address
N/A Encinitas, CA
Business Address 92
N/A
Telephone Number
753-1134
Telephone Number
Lizbeth Ecke, -.-. 441 Saxony Road Name “2- - -.
Home Address
N/A Encinitas, CA 92021
Business Address
N/A I
Telephone Number
Paul Ecke, I11
Name
Telephone 1 75~1 Number - 11’14
441 Saxony Road
Home Address
N/A
Business Address
Fnr 1 n 7 t:, ..
8, c-
N/A
Telephone Number
I G 3.3 )-Z53413? Telephone Number
Sara Ecke 155 E. 29th, Apt. 5-H
Name Home Address
N/A New York, NY 10016
Business Address
N/A
Telephone Number .
(212) 213-6037
Telephone Number
1
i
EXHIBIT @ MINU % S
-.
> >, , ~, . ' ,'
3;: * .. .. ._
October 19, 1988 PLANNING COMMISSION Page COMMISSIONE
1 I 3) LCPA 88-1(MELLO II)/GPA/LU 88-2/ZC 88-4 WILLIAMSON
CONTRACT AMENDMENT 76-1B - CARLTAS RANCH - Request for
approval of various related actions to remove
approximately 52 acres from the agricultural preserve
and add an equal amount of area to the preserve from a
different area (land swap) on property located north of
Palomar Airport Road and east of Paseo del Norte in
Local Facilities Management Zone 13.
Gary Wayne, Senior Planner, reviewed the background of the request and stated that the Carltas Company has requested an
amendment to Agriculture (Ag) Preserve Contract No. 76-1 with
the City to remove approximately 52 acres of land from the preserve and add and equal amount of area to that preserve
from a different portion of their property which is located
north of Palomar Airport Road, east of Paseo Del Norte, and
south of Cannon Road in Local Facilities Management Plan Zone
13 as depicted on the location map projected on the east wall
of the Council Chamber. In discussing the related actions
which are required to effect this action, he stated that the
Williamson Act contains a "sunset clause" which permits swaps
of agricultural land of equal value prior to January 1, 1989.
The applicant tried, without success, to have this date
extended.
In addition, the Williamson Act requires that the land swap
be consistent with the Local Coastal Program (LCP). The LCP
currently allows development of approximately 137 acres of
the Carltas holdings in exchange for the long-term
preservation of agriculture on the remainder of the nearly
500 acre site. However, the LCP requires development to be
concentrated along Palomar Airport Road, Paseo del Norte, and
boundaries, is proposing development be concentrated along
the north/south trending ridge. Thus, an LCP amendment is
required for consistency in order to allow the amendment to
the Williamson Contract.
Cannon Road. Carltas, by amending the Ag-Preserve
!
State law also requires that the City's General Plan and
zoning be consistent with the LCP. The General Plan does not
include a special designation for agriculture. Instead, the
Non-Residential Reserve classification designates areas held
in reserve for non-residential uses such as agriculture,
industrial, commercial, etc. The applicant, therefore,
proposes to redesignate the site from a combination of Medium Residential (RM) and Non-Residential Reserve (NRR) to a
combination of NRR and Open Space (OS).
In order to provide consistency between the zoning and other
related actions, it would require a Zone Change from
R-A-10,000 and Exclusive Agriculture to Open Space (OS)--the
OS designation would be placed over approximately 50 acres of
the west facing slope traditionally referred to as the
"flower fields"--Exclusive Agriculture over the reconfigured boundaries of the Ag-Preserve, and Limited Control (L-C) over
the remaining developable portion of the site.
The Carltas Company claims that without the swap, as
proposed, they will be forced to develop the land not
protected by the Ag-Preserve Contract and the LCP. This developable area contains the "flower fields.'' Carltas
further maintains that it is the desire of the Ecke family
(owners of Carltas) to preserve the "flower fields" while
allowing adequate development to carry the costs of Palomar
Airport Road assessments and anticipated cash needs such as
future estate taxes. In requesting priority processing,
e MINU R- S
October 19, 1988 PLANNING COMMISSION Page COMMISSIONE
Carltas offered to place an open space zoning designation
over the "flower fields" to ensure their long-term
preservation.
Staff is especially concerned about the potential negative impact on long term agriculture, the need for buffering of
dissimilar land uses, and the commercial development of the
ridge top which will have a visual impact. Staff has
proposed mitigation measures which would require commercial
uses next to primary arterials, and a Q overlay to be placed
of the property. Staff is recommending approval due to the
time constraints of the sunset clause and since the proposal
will preserve the "flower fields" which are so familiar to
residents and tourists alike.
over the L-C zone which would require an SDP for development
Commissioner Schlehuber requested concurrence that the
applicant will still be required to meet the requirements of
the hillside and parking ordinances before a plan can be
approved. Mr. Wayne replied that this was true. In spite of
the ability for future planning, staff is concerned that they
might be boxed-in by making concessions. He added that the
applicant would like to develop the entire ridge but staff
sees a problem due to the narrowness of the ridge and the way the development could spill over the slopes to the west.
Commissioner Schlehuber wants to know what assurance there is
there is a way to condition it for that purpose. Mr. Wayne
replied that the Master Plan could specify this use.
that the open space would be used for floral culture and if
Chairman McFadden inquired about the exact acreage size. Mr.
Wayne replied that the graphic is all that is currently
available and staff does not yet have the metes and bounds
description; however, the applicant has promised it prior to
the City Council meeting. The best information staff can
provide is that the open space zone comprises approximately
38 acres plus two acres of road. The L-C-Q and EA zones
total close to 400 acres.
Chairman McFadden inquired of the City attorney if it is
possible for the Commission to vote when the details are so
vague. Mr. Ball replied that a vote can be taken if the
pictorials can be assumed to be accurate enough to determine
that the boundaries are presumable. If a wide variation
exists, a decision becomes less and less certain. Staff
needs to determine if the lines are close to being accurate.
Mr. Wayne responded that the large maps which staff has are more accurate than the small graphics which were distributed;
he believes the variations on the large topographic maps are
only plus or minus three percent. David Hauser. Assistant
City Engineer, concurred that the large maps are relatively
accurate but that metes and bounds are more precise.
Chairman McFadden inquired whether zoning was indicated on
the large map; it is her understanding that zoning must be
very precise. Mr. Hauser showed Chairman McFadden the large
topographic map which had the zoning marked.
Chairman McFadden inquired about the amount of right-of-way
for Palomar Airport Road. Mr. Hauser was unsure how much is right-of-way and/or slope easement.
0 MINU ? ES
October 19. 1988 PLANNING COMMISSION Page COMMISSION
Chairman McFadden inquired if Commissioner Schlehuber could
accept the maps as precise. He replied that he had visited the site and could accept the maps.
Commissioner Erwin has a concern about making the finding regarding fair market value of the property without an
appraisal. Mr. Wayne replied that the value was determined
by the highest and best use, i.e. the relative value of
residential versus non-residential, as was done for the Car
Country expansion.
Commissioner Erwin inquired if there is anything in writing
stating that flowers will be planted. Mr. Wayne replied that
there is nothing.
Chairman McFadden is concerned about the accuracy of the
finding to preserve the "flower fields." Mr. Wayne replied
that LCP Finding #3 deals with dual priorities and specifies
a long term agreement to preserve agriculture and the
community attraction of the "flower fields." Although there
is no assurance that flowers will be grown, the land is
currently planted in flowers; the long term agreement ensures that the land will be available for 15 years for
agriculture.
Chairman McFadden inquired if the General Plan Amendment
states that the "flower fields" will be preserved and for how
long. Mr. Wayne replied that it is a matter of semantics
since the "flower fields" will definitely be preserved.
Although there is no guarantee that flowers will be grown,
that land which is part of the 52 acre swap will be preserved
for agriculture purposes for 15 years.
Chairman McFadden inquired if something could be done to ensure that the open space will remain as open space. Mr. Ball replied that there is nothing which can be done to
ensure that a particular piece of property will forever
remain as open space since zoning is subject to legislative
changes. As such, zoning can be changed by a legislative
body or by the people. The Williamson Act merely ensures
that the land involved in the swap will be used for agriculture for 15 years.
I
Chairman McFadden inquired if an open space easement granted
in perpetuity by the owner would accomplish this end. Mr.
than zoning.
Conmissioner Erwin noted that the open space on the map has
been construed to be 38 acres plus two acres for the road.
He expressed concern that the documentation calls for 50
acres. Mr. Wayne replied that it was his understanding that
this would be 50 acres, however, the map actually shows only
38 acres.
Ball replied that it would, since an easement is different
Chris Calkins, Manager of the Carltas Company, 4401
Manchester, Suite 206, Encinitas, applicant, addressed the Cormnission and stated that the Ecke family purchased this
land over 40 years ago, later purchased water rights, and
began truck farming. The Ecke's have attempted to retain the
land in floral culture, however, the best land for growing
now lays under the freeway to the north (which was taken by
condemnation by the State). The Ecke family is concerned
about the heavy development in the coastal area and is
attempting to control how their land will be affected. It is
ironic that the Williamson Act only affects one piece of
* MINU % S
October 19, 1988 PLANNING COMMISSION Page COMMISSIONE
I
property in the entire state--that of this property--and the
period to make any changes ends in less than three months.
This proposal is for the development of a very small portion
of the ranch and the details have been thought out very
clearly. The Ecke's are requesting these changes to create a situation which will allow the farming to continue and yet
permit other uses. It is felt that development is best at
the top of the ridge since it would not inhibit air flow and
would not be bothered by pesticides.
Chairman McFadden inquired how long the field would remain in
flowers. Mr. Calkins replied that it is unknown how long
water will be available, how long the soil will hold out, or
even if people will continue to purchase flowers. In any
event, the Ecke family will be committed to agriculture uses
for 15 years and they have an 80 year history,
Chairman McFadden noted that one of the reports by an
independent expert indicated that the property proposed for
development is not the least suitable for farming, with the
poorest soil, and that the best area for development is at
the northeastern end. Mr. Calkins disagreed with this
interpretation and stated that the northeast corner is backed
by a steep drop to Macario Canyon and is also bordered by the
SDGhE property and that the soils there are good.
Commissioner Erwin inquired why development along the ridge
trails down the slope to the west instead of the east. Mr. Calkins replied that the end result must be useable since it
is proposed for commercial. The development has to be
visible in order to have commercial advantage. Development
along the ridge and the west slope also allows for the
development to blend with the topography.
Commissioner Erwin inquired if there are any plans to put a
floral auction facility at the Paseo del Norte/Palomar
Airport Road intersection. Mr. Calkins replied that there
are no plans for this purpose at that location. The existing floral auction is a wholesale operation (however, a site is
being considered elsewhere in Carlsbad). Carltas hopes to
create flowers as an amenity to the commercial development
along the ridge.
Commissioner Schlehuber noted that the map shows a gradual
slope to Palomar Airport Road when, in actuality, there is an
abrupt drop. Mr. Calkins replied that plans call for the slope to be redeveloped in order to reconfigure an area for
farming.
Commissioner Schlehuber inquired if staff has seen a design proposal. Since staff has some concerns about the ridgetop
planning, he wonders if it is possible to envision a
conceptual development. Mr. Wayne replied that staff had not seen development plans but the shape and location of the developable area along the ridge will make it difficult to
develop according to our development standards.
Commissioner Schlehuber stated that he wants to make sure the
applicant is aware that there are restrictions for
development. Mr. Wayne replied that when the Master Plan
comes in, the proposal would be reviewed for conformancy with
policies and regulations such as the hillside ordinance.
Commissioner Schlehuber asked Mr. Calkins if he understands
that approval of this application does not constitute a blank
check for development. Mr. Calkins replied that he
0 MINU % S
October 19, 1988 PLANNING COMMISSION Page COMMISSIONE
understands this requirement and that the Ecke family would
be taking a risk.
Commissioner Schramm stated that she has seen a postcard of
the "flower fields" in bloom. She wondered if consideration
had been given to buildings at the bottom of the property and
flowers at the top. Mr. Calkins replied that this plan was
considered but due to the soil characteristics and future
urban pressures it was deemed better to locate the development at the top of the ridge. In addition, this would
permit some control on the location of a north/south road.
Commissioner Schrarnm stated that she has visited the site and
noted that the flags seem down very low on the southern
portion of the property. The flags appear to be in the
middle of the "flower fields." Mr. Calkins replied that the
area being proposed for preservation of the "flower fields"
is the most visible section of the land. Grading will be
necessary, and some consideration had to be given to the
commercial aspect of clustering as well as the farming
activities.
Commissioner Schlehuber noted that there was some allegation
that the open space had been reduced from 50 to 40 acres.
Mr. Calkins replied that a bubble diagram which was submitted
to the Planning Director suggested where the open space would
occur. The presentation by Carltas at the City Council
meeting suggested approximately 50 acres--specifically, that
which is currently being used to cultivate flowers. In
actuality, that space is closer to 40 acres than 50.
Chairman McFadden opened the public testimony and issued the
invitation to speak.
There being no persons desiring to address the Commission on
this topic, Chairman McFadden declared the public testimony
closed and opened the item for discussion among the
Commission members.
Chairman McFadden stated that she has reservations and feels
this proposal is very premature. She doesn't like the island concept and is puzzled about the proposal. She thinks that future Hidden Valley Road to the east will supply the
necessary north/south road. She has not been persuaded that
the City will even be getting the "flower fields" and thinks
the Planning Commission needs to look closely at what the
City is getting.
Comissioner Schlehuber thinks the City has some built-in
protection and that the renderings are merely illustrative.
He does not believe there is time for extensive study due to
the sunset clause. He feels the City has a lot of protection
because the applicant must come back with a Master Plan and at that point the Planning Commission can tie down the
flowers. There are ways to build on a ridge and the policies
should be looked at. He feels that Ecke is taking all the risk and that the proposal is decent. He can support it.
Commissioner Marcus believes that the Master Plan will give
some safeguards. However, Carltas might not get one
approved--it could take 15 years. Mr. Wayne responded that
the LCP requires a Master Plan to be approved. Commissioner Marcus has many reservations but she can support it.
Commissioner Erwin is concerned that the most visible portion
at the top will be developed. He is also concerned about the
0 MINUTES 0
October 19, 1988 PLANNING COMMISSION Page COMMISSION
open space reduction from 50 to LO acres. Also, he can't
make the required finding regarding fair market value of the
swap since no appraisals were conducted. He cannot support
the proposal. Mr. Grim responded that it is possible for
the Planning Commission to move the zone change line further up the ridge to include more of the visible flower fields.
Commissioner Schramm would like to see the flowers more along
the ridge. It is difficult to approve the swap which will
establish the development pattern without seeing a Master
Plan. She understands the need to send something to the City Council but would like to see some development arrangement.
She commended Carltas on offering the open space but would
like to see the additional 10 acres added at the southerly
end of the ridge.
Chairman McFadden asked the applicant if he could accept this
concept. Mr. Calkins could not offer additional open space
in the area suggested by Commissioner Schramm.
Chairman McFadden inquired as to the reason for
nonacceptance. Mr. Calkins replied that if the property is
examined closely, he does not feel it is a workable solution
since additional fill would be required. Without the additional fill, the buildings would sit in a hole.
Commissioner Schramm would like the City Council to look at
the proposal to move the open space designation to the ridge.
Commissioner Holmes doesn't feel anything can be accomplished
without a Master Plan. He would like to recommend that the
applicant return with a Master Plan. Chairman McFadden
concurs.
Motion was duly made, seconded, and carried to deny the application. Erwin
Halmes
Marcus
McFadder Schlehut
Schramm
Lb -
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October 20, 1988
Attention: City Clerk City of Carlsbad
Building, Planning, ti Engineering Dept.
2075 Las Palmas
Carlsbad, CA 92008
f ' " ' t: I
'. ,
Re: GPA 88-2 SEQ.
Gentlemen:
By this letter, we hereby appeal the action of the P1 Commission on October 19, 1988 denying the request for ap of LCPA 88-1 (Mello 11) GPA/LU 88-2/ZC 88-4 Williamson Ca Amendment 76 - 1B - Carltas' Carlsbad Ranch and requc immediate hearing before the City Council.
Very truly yours
alkinm ager v
CCC/ns
City. lcc
4401 MANCHESTER; SUITE 206 ENCINITAS, CALIFORNIA 92024 U.S,
(wm ~44 dnm FAY I~CL\ ann amn
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1984
Taken from Palornar Airport Road bridge (highest elevation point
west of 1-5) looking northleast.
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1984
Taken from the upper balcony at Pea Soup Anderson's looking
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1984
Taken from Palomar Airport Road
bridge looking east.
1984
Taken from the upper balcony
at Pea Soup Anderson's looking north.
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1984
Taken from Paseo Del Norte
looking east.
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1984
Taken from Pea Soup Anderson's parking lot looking north.
@ CRRLTAS 0 e
compm
November 1, 1988
Mr. Martin Orenyak
Director of Community Development
City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008
Re: GPA 88-2/Williamson Act Contract Amendment
Dear Mr. Orenyak:
You have requested that we review the scope of assurances the City of Carlsbad for preservation of the open space designated as a part of the General Plan Amendment fo~ Carltas (Ecke) Carlsbad Ranch.
As we discussed, the LCP Amendment, coupled with the 15 minimum Williamson Act Contract term, provides the City significant assurances, both by State Coastal Policy and pr
contract. Each of these assurances is independent of any f
any change. Further, by consenting to the designation of
space, Carltas, as landowner, will relinquish those argu
relating to a "taking" which would otherwise arise imposition of an open space designation for land not othe constrained.
The proposed open space area is carved out of the heart o
Ranch, and is a part of an ongoing farming operation. Long management to provide effective assurances of the utilizati the property for floriculture, both while commercial produ
is feasible and thereafter, must be integrated into a Master for the whole Ranch.
Without the overall farming relationship and integrated oper clearly spelled out, transfer to public ownership by an ease
deed restriction, or other dedication would create unaccep risks of liability, extremely difficult (if not imposs
Problems like water allocations, pesticides, soil amendmen' configuration, all create landowner risk, and need rapid
decisions.
city Council vote which, of course, would also be necessar
onyoing farming management, and a consequent operational fai
4401 MANCHESTER; SUITE 206 @ENCINITAS, CALIFORNIA 92024 U.S.1
(61 9) 944-4090 FAX (619) 944-3619
0 e
Letter to Martin Orenyak November 1, 1988 Page Two
Consequently, while conveyance by restriction or easement o open space at this time is not appropriate or acceptab: Carltas, we acknowledge and agree to the imposition now condition to approval of the Master Plan (which is i prerequisite to any non-agricultural use). This condition require Carltas to convey to the City, concurrent with Master Plan approval, by deed restriction or such other fo is determined appropriate by the City Council and Car together with adoption of a plan for floricultural optarat open space usage for the land designated as open space om GF
2 and depicted on Exhibit A to this letter. We understand conveyance will be credited to the additional open obligation identified for Zone 13 of the citywide E Facilities Plan.
This commitment and consent to condition is in addition t other assurances which will be in place following adoption o
88-2 e
Very truly yours,
CCC/ns 0renyak.lcc
0
' '\\ 0 e 4, ; General Plan
Legend
OS Open Space
NRR Non-Residential Reserve
e 0
November 1, 1988
TO : Community Development Director
FROM: City Attorney
APPEAL OF PLANNING COMMISSION DENIAL OF LCPA 88-1/GPA/LU rB8-i 88-4/WILLIAMSON CONTRACT AMENDMENT 76-1B CARLTAS' CARLSBAD 'RAb
As you requested, in our telephone conversation of Tuesc
November, 1, 1988 Resolution No. 88-351 should be amended include a provision whereby the applicant consents to the relcorc
of a document agreeing to convey an open space easement to the < at the time of approval of the master plan for the sub: property. I would suggest the following language:
'I.. .2. The OS zone is appropriate for the "flower
fields" . -. . The applicant consents to the recording of a document to the effect that as a condition of the approval of the master plan for development of the subject property, as required under the local coastal plan, which will convey to the City by deed restriction, open space easement or such other form of ... conveyqnce as is determined appropriate by the City <;and Carlta$ over that portion of the subject real propeFe-s-Tg@ked as
II0S1l on Exhibit E dated November 1, 1988. "I This
conveyance shall be credited towards the OS requirement
of the Growth Management Plan Zone 13."
The remainder of the resolution remains unchanged.
A suggested form of the document for your use is attached to 1
memorandum.
Should you have any questions regarding the above, please do hesitate to contact me.
!
@-
RONALD R. BALL Assistant City Attorney
rmh attachment
0 e
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD 1
1200 Elm Avenue 1
Carlsbad, CA 92008 1
1
Space above this line Recorder’s
Documentary transfer tax: $No f
Signature of declarant deter-min
tax-firm name City of Carlsbad
Parcel No.
NOTICE OF APPROVAL OF
REZONING AND CONSENT TO CONDITION
Please take notice that Carltas Company, a Cal-ifo
limited partnership, which owns the real property more particul
described in Exhibit rrA1r, attached hereto, has consented I
condition to the approval of the master plan for development of
property described in Exhibit A as required under the local coa
plan to convey to the City by deed restriction, open s
easement, or such other form, as is determined appropriate by
City and Carltas, open space and related usage of the polrtio
the real property described on Exhibit B.
DATED: CARLTAS COMPANY, a California limited partnership
0
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ): ss
On this day of , 1988, before me,
residing therein, duly commissioned and sworn, personally appc , personally known to me provided to me on the basis of satisfactory evidence, to be
same person(s) described in an whose name is subscribed to
instrument, and acknowledged to me that he/she/they executec
same.
undersigned notary public in and for the above county and si
(Seal)
Notary Public
@ CFIRlTd' -1- compnnv
November 1, 1988
Mr. Martin Orenyak Director of Community Development City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92008
Re: GPA 88-2/Williamson Act Contract Amendment
Dear Mr. Orenyak:
You have requested that we review the scope of assurances the City of Carlsbad for preservation of the open space
designated as a part of the General Plan Amendment fo: Carltas (Ecke) Carlsbad Ranch.
As we discussed, the LCP Amendment, coupled with the 15 minimum Williamson Act Contract term, provides the City
significant assurances, both by State Coastal Policy and PI contract. Each of these assurances is independent of any 1 City Council vote which, of course, would also be necessar any change. Further, by consenting to the designation of space, Carltas, as landowner, will relinquish those argr relating to a "takingtg which would otherwise arise imposition of an open space designation for land not othe constrained.
The proposed open space area is carved out of the heart o Ranch, and is a part of an ongoing farming operation. Long management to provide effective assurances of the utilizati the property for floriculture, both while commercial prodL is feasible and thereafter, must be integrated into a Mastel for the whole Ranch.
Without the overall farming relationship and integrated apex clearly spelled out, transfer to public ownership by an easE deed restriction, or other dedication would create unaccer risks of liability, extremely difficult (if not imposs ongoing farming management, and a consequent operational faj Problems like water allocations, pesticides, soil amendmen Configuration, all create landowner risk, and need rapid decisions.
4401 MANCHESTER; SUITE 206 .ENCINITAS, CALIFORNIA 92024 U.S.,
(619) 944-4090. FAX (619) 944-3619
0 0
Letter to Martin Orenyak November 1, 1988 Page Two
Consequently, while conveyance by restriction or easement o open space at this time is not appropriate or acceptabl Carltas, we acknowledge and agree to the imposition now condition to approval of the Master Plan (which is il prerequisite to any non-agricultural use) This conditi.on I require Carltas to convey to the city, concurrent with Master Plan approval, by deed restriction or such other for
is determined appropriate by the City Council and Carl together with adoption of a plan for floricultural operatj open space usage for the land designated as open space on GP3
2 and depicted on Exhibit A to this letter. We understand conveyance will be credited to the additional open s obligation identified for Zone 13 of the citywide Pu Facilities Plan.
This commitment and consent to condition is in addition to other assurances which will be in place following adoption of
88-2.
Very truly yours,
ccc/ns 0renyak.lcc
‘h a w yi General Plan
Legend
OS Open Space
NRR Non-Residential Reserve
e \
.,
November 1, 1988
TO : Community Development Director
FROM: City Attorney
APPEAL OF PLANNING COMMISSION DENIAL OF LCPA 88-1/GPA/LU 88- 88-4/WILLIAMSON CONTRACT AMENDMENT 76-1B CARLTAS' CARLSBAII RA
As you requested, in our telephone conversation of Tues November, 1, 1988 Resolution *No. 88-351 should be amendec include a provision whereby the applicant consents to the re >cor of a document agreeing to convey an open space easement to the at the time of approval of the master plan for the sub property. I would suggest the following language:
I!. . .2. The OS zone is appropriate for the Itflower fields" . . . . The applicant consents to the recording of a document to the effect that as a condition of the approval of the master plan for development of the
plan, which will convey to the City by deed restriction, open space easement or such other form of cosv-exance as
is determined appropriate by the City and (Carlta3"over that portion of the subject real property dksigmrsd as
l10S1l on Exhibit E dated November 1, 1988. This conveyance shall be credited towards the OS requirement of the Growth Management Plan Zone 13.11
The remainder of the resolution remains unchanged.
A suggested form of the document for your use is attached to memorandum.
Should you have any questions regarding the above, please do hesitate to contact me.
subject property, as required under the local coastal
(3.
R@NALP R. BALL
Assistant City Atterney
rmh attachment
0 e
* 'r) l"
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD 1
1200 Elm Avenue ) Carlsbad, CA 92008' 1
1
Space above this line Recorder's
Documentary transfer tax: $No :
Signature of declarant detemil tax-firm name City of Carls,bad
Parcel No. -
NOTICE OF APPROVAL OF
REZONING AND CONSENT TO CONDITION
Please take notice that Carltas Company, a Cadif1
limited partnership, which owns the real property more particu
described in Exhibit l1AtW, attached hereto, has consented
condition to the approval of the master plan for development o
property described in Exhibit A as required under the local co
plan to convey to the City by deed restriction, open
easement, or such other form, as is determined appropriate b
City and Carltas, open space and related usage of the porti
the real property described on Exhibit B.
DATED: CARLTAS COMPANY, a California limited partnership
e 0
* 1-d I.
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ): ss
On this day of , 1988, before me,
undersigned notary public in and for the above county and st
residing therein, duly commissioned and sworn, personally appc , personally known to me
provided to me on the basis of satisfactory evidence, to be
instrument, and acknowledged to me that he/she/they executed
same person@) described in an whose name is subscribed to
same.
(Seal) Notary Public
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ORDER NO. 937263-15
1.
LEGAL DESCRIPTION - Carlsbad Ranch
#
THE LAND REFERRED TO IN THIS REPORT 1s SITUATED IN THE STATE OF,
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
121
PARCEL -1 : I
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NP. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 11896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF WT "HIf 01
RIGHT OF WAY GRANTED TO TIE STATE OF CALIFORNIA BY, DEED RECO:RDE[
AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMEN7
NO. 46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF I,OT @tH" BEARIN(
SOUTH 78'03' EAST 1149.32 FEET' (RECORD 1148.08) AND NORTH 72'211301
EAST 2036.33 FEET (RECORD NORTH 72'24' EAST 2036.30 FEET) FROM CORNE]
NO, 1 OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MA1
SAID RANCHO AGUA HEDIONDA WITH THE -CENTER LINE OF THE 100.00 1~001
. NO. 173 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DECEMBER .16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 0;
RIGHT OF WAY 6664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 A!
SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAI~
CENTER LINE OF RIGHT OF WAY HAVING A BEARING OF SOUTH 3O'38'5Of1 EAS'
(ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PAG
60, THE BEARING IS RECORDED AS SOUTH .30'43 I3O1l EAST) ; THENCE NORT
59'21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT'OF WAY 0
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT 0
WAY IS DESCRIBED IN DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 17
OF DEEDS: THENCE ALONG SAID CENTER LINE OF RAILWAY RIGHT OF WAY NORT
23'06' WEST 962.84 FEET: THENCE LEAVING SAID CENTER LINE NOR?
66'54 I lot1 EAST 1770.00 FEET TO THE .MOST WESTERLY CORNER OF THAT uui
DESCRIBED IN PARCEL 2 OF DEED TO PAUL ECKE AND WIFE, RECORDED APRI
15, 1953 'AS DOCUMENT NO. 51682 IN BOOK 4821, PAGE 209 OF OFFICIJ RECORDS, BEING THE TRUE POINT OF- BEGINNING; THENCE ALONG THE EASTER]
AND NORTHEASTERLY LINE OF SAID LAND AS FOLLOWS:
SHOWN ON THE MAP OF SAID 100.00 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI8
SOUTH 85*2811611 EAST 770.00 FEET: SOUTH 23'0510511 EAST 282.14 FEE:
SOUTH 85'281161f EAST 2802.96 FEET; AND SOUTH 23'05105t1 EAST 325.' FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEI
TO PAUL ECKE AND WIFE RECORDED APRIL 29, 1948 AS FILE NO. 43669 :
BOOK '2778 PAGE 348 OF OFFICIAL RECORDS: THENCE ALONG SAID NORTHER:
LINE NORTH 80'43 (25" EAST TO THE EASTERLY BOUNDARY OF THAT LA] DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY RECORDED JUNE 1'
PAGE 3,l *
Exhibit "A"
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ORDER NO. 937263-15
1940 AS FILE .NO. 28815 IN BOOK 1035, PAGE 301 OF 0FF.ICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE SOUTH 0'32' EAST 4855,OO FEET MORE OR LESS, TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY
LINE THEREOF SOUTH 89'59' WEST TO A LINE WHICH BEARS SOUTH 23'05'05''
EAST FROM THE TRUE POINT OF BEGINNING, SAID LINE BEING THE SOUTHERLl PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 2 OF ECKE LAND RBQW
DESCRXBED; THENCE NORTH 23 '05'05" WEST ALONG SAID PROLONGATION ANI
SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. !
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2 0
PARCEL MAP NO. 11284, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDEiR 0
SAN DIEGO COUNTY, MAY 11, '1981 AS FILE NO. 81-145557 OF OFFICIA
RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF TH
NORTHERLY BOUNDARY OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED '1 THE CITY OF CARLSBAD, FILED IN THE OFFICE OF THE COUNTY RECORDER C
SAN DIEGO COUNTY, DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIl
RECORDS. ,I
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF T€
,
FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT *'H" 1
SAID RANCHO AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIG
OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 3
1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT NO. 4627 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT V1Hq1 BEARING SOU'
78'03' EAST .1149.32 FEET (RECORD 1148.08 FEET) AND NORTH 72'21'3
NO. (1) OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURV MAP NO. 173, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE
COUNTY DECEMBER 16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LI
OF RIGHT OF WAY 6,664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00
SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI-S
EAST 2036'33 FEET (RECORD NORTH 72'24' EAST 2036.30 FEET) FROM CORN
2-8 ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEE
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SA
CENTER!LINE OF RIGHT OF WAY HAVING A ,BEARING OF SOUTH 3O'38'5Ou' EA
(ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PI
60, THE. BEARING IS RECORDED AS SOUTH '30'93'30'' EAST); THENCE SO\
59.21' 10'' WEST TO THE ORDINARY MEAN HIGH TIDE LINE OF THE PAC11
OCEAN AND THE TRUE POINT OF BEGINNING: THENCE RETRACING NO1
.59'21'10" EAST TO SAID ENGINEER'S STATION 334 PLUS 79.00 SI? S, CENTER LINE OF HIGHWAY RIGHT OF WAY; THENCE CONTINUING NO'
59°21'10'1 EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT OF WAY
THE ATCHISON TOPEKA AND SANTA. FE RAILWAY COMPANY AS SAID RIGHT OF IS DESCRIBED IN..DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171
DEEDS 8 THENCE. ALONG SAID CENTER LINE OF RAILWAY , RIGHT OF WAY NO
23.06' WEST 962.84 FEET; THENCE LEAVING SAID CENTER LINE NO
PAGE .:2
Exhibit "A"
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ORDER NO. 937263-15
66'54'10" EAST 1770 FEET: THENCE SOUTH 23'051051@ EAST 1485.87 FEET TO
THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 80'4312511 EAST TO THE EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED TO SAN
DIEGO COUNTY WATER COMPANY IN BOOK 1035, PAGE 301 OF OFFICBAL
RECORDS, SAID POINT BEING THE POIN'I! OF TERMINUS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED " AS FOLLOWS:
'.P,'
BEGINNING AT POINT 9 OF LOT "F" AS' SHOWN ON SAID PARTITION MAP INO.
823, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY COURSE OF
SAID LOT "H" CONNECTING POINTS 13 OF XBT "G" AND POINT 8 OF LOT "F"
AS SHOWN ON SAID MAP NO. 823: THENCE NORTH 0*0712811 EAST ALONG THE
SAID EASTERLY BOUNDARY COURSE OF SAID LOT' "H" 110.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 0'07128t1 EAST ALONG SAID
EASTERLY BOUNDARY COURSE 160.00 FEET; THENCE LEAVING SAID BOUNDlARY
COURSE NORTH 89'52132" WEST 120.00 FEET: THENCE SOUTH 00'07'28" WEST 160.00 FEET; THENCE SOUTH 89'52'32" EAST 120.00 FEET TO THE TRUE
POINT OF BEGINNING'
PARCEL 2:
THAT PORTION OF RANCHO'AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 72-3
ACCORDING TO MAP THEREOF NO. 7492 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY: THENCE ALONG AN EXISTING PROPERTY
LINE SOUTH 22'29'22" EAST A DISTANCE OF 1,426.93 FEET TO THE POINT 01
INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF THAT PUBLIC ROAI
EASEMENT GRANTED BY PAUL ECKE AND MAGDALENA ECKE TO THE CITY 01 CARLSBAD BY INSTRUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SA11
SAN DIEGO COUNTY NOVEMBER 30, 1972, FILE PAGE 320457, BOOK 1972, SA11
POINT OF INTERSECTION BEING ON THE ARC OF A 643 FOOT RADIUS CIRCULAl CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF SAID POINT BEARS NORT
LINE THROUGH A CENTRAL ANGLE OF 4 '39'15" FOR AN ARC DISTANCE OF 52.2
DISTANCE 'OF 239.30 FEET TO THE BEGINNING OF 557 FOOT RADIUS TANGEN
CIRCULAR CURVE CONCAVE EASTERLY; THENCE NORTHWESTERLY AND' NORTHER1
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'08118'' FOR AN A€
296.12 FEET TO THE BEGINNING OF A 643' FOOT RADIUS TANGENT CIRCULI
CURVE CONCAVE WESTERLY: THENCE NORTHERLY ALONG SAID CURVE THROUGH CENTRAL ANGLE OF 25'59'22" FOR AN ARC DISTANCE OF 291.67 FEET; THEN(
NORTH 22'29'22'' WEST A DISTANCE OF 4.38 FEET TO THE SOUTHERLY LINE (
SAID CARLSBAD TRACT 72-33 THENCE NORTH 67'30'38" EAST AmNG SA:
SOUTHERLY L1NE.A DISTANCE OF 302.39 FEET TO THE POINT OF BEGINNING.
10' 00157t1 EAST: THENCE WESTERLY AmNG SAID CURVE AND SAID NORTHERL
I) FEET; THENCE CONTINUING ALONG SAID LINE NORTH 84*3811811 WEST
DISTANCE OF 856.83 FEET: THENCE NORTH 3*30'00'1 EAST A DISTANCE c
PAGE , :3
Exhibit "A"
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ORDER NO. 937263-15
PARCEL 3:
ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN
THE COUNTY OF SAN DIEGO, STATE OF, CALIFORNIA, ACCORDING TO PARTITION
SAN' DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN TMT PORTZOF
THEREOF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDEt
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
JUNE i7, 1940 IN BOOK 1035, PAGE 301 OF OFFICIAL RECORDS BY DOCUIMEN~
NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE. POINT OF INTERSECTION OF A LINE WHICH IS PARALLE'
WITH AND DISTANT. 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM TH
SOUTHERLY LINE OF BLOCK frV" OF PALISADES NO. 2, ACCORDING TO MA
DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF. WHICH PARALLEL LINE: AN ITS WESTERLY PROLONGATION TIIEREOF IS. RECORDED AS NORTH 72 25' EAST 0
SAID MAP OF PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT 0
WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SA1
RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT 0
BEGINNING BEING ALSO THE MOST,NORTHERLY CORNER.OF THE LAND DESCRIBF
IN THE DEED FROM W. D. CANNON, ET AL, TO THE SAN DIEGO GAS Ak
ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 8, 1948, IN BOC
2974, PAGE 493 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SA1
WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANl
FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WI?
A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFT1
DESCRIBED NORTH 66'54 'lOt1 EAST 50 FEET TO THE CE,NTER LINE OF SA:
EAST, 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LA' DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 43667 IN BO
2778, PAGE 341 OF . OFFICIAL RECORDS; THENCE ALONG SAID SOUTHER
BOUNDARY OF SAID LAND SO DESCRIBED, NORTH 66'54'10" EAST, 1770 FE
TO A SECOND ANGLE POINT IN SAID BOUNDARY AND THE TRUE POINT
BEGINNING OF THE PROPERTY HEREIN DESCRIBED SAID TRUE POINT
CANNON TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 472
PAGE 350 OF OFFICIAL RECORDS; THENCE FROM SAID TRUE POINT
BEGINNING ALONG A PORTION OF THE SOUTHWESTERLY BOUNDARY OF THE AB(
DESCRIBED JACOBSEN,LAND SOUTH 23'05'05'' EAST 1485.87 FEET TO A TH:
ANGLE POINT IN THE BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN LAI THENCE NORTH 80*43'2511 EAST ALONG THE SOUTHERLY BOUNDARY OF THE Si
THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA
'RAILWAY RIGHT OF WAY; .THENCE ALONG SAID CENTER LINE GOUTH 23'01
BEGINNING BEING ALSO DESIGNATED AS POINT "A" IN A DEED FROM We
JACOBSEN LAND 3260.20 FEET: THENCE LEAVING SAID SOUTHERLY BOUND,
NORTH 23'05'05'' WEST A DISTANCE OF 325.77 FEET; THENCE NO:
a5@2811611 WEGT A DISTANCE OF 2802.96 FEET; THENCE NORTH 23'05'
WEST A DISTANCE OF 282.14 FEET; THENCE NORTH 85'28'16" WEST
DISTANCE OF 770 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WIT11 THAT PORTION OF IX)T H OF SAID MAP' NO* 823 DESCRIBEt
FOLLOWS :
PAGE ;4
Exhibit "A"
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ORDER NO. 937263-315
COMMENCING AT THE CORNER COMMON TO LOTS "F" "1it1, AND ''1'1 OF SAID .
RANCHO AGUA IIEDXONDA, ACCORDING TO SAID MAP 'NO. 823; THENCE SOUTH
0'34 '51" EAST ALONG THE WESTERLY- LINE OF LX)T 'IF'', BEING ALSO, THE
I'
WECT'ERLY BOUNDARY OF THE LAND, DESCRIBED IN DEED TO SAN DIEGO GAS ANP
ELECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS TORRENS AS FILE NO.
COUNTY,: A DISTANCE OF 1318.39 .FEET; THENCE NORTH 89'm28'00'1 EAST,
30674 f *IN THE OFFICE OF THE REGISTRAR OF LAND TITLES, FOR SAN DIEGO
ALONG' THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTR,IC
LOT ''F", OF MAP NO. 823: THENCE SOUTH 0'32'0011 EAST, ALONG THE COMlYION
BOUNDARY LINE OF LOTS *~F~~ AND "HI', BEING 'THE EASTERLY LINE OF SAID
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 44Ei6,
PAGE 49, A DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY
CORNER OF THE LAND DESCRIBED IN QUITCWlIM DEED FROM PAUL ECKE, ET IJX,
TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE IYO.
80'43'25" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO
GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, PAGE 49, A
DISTANCE OF 321.54 FEET TO A 'POINT IN SAID SOUTHERLY BOUNDARY LINE
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE LAND HEREIN
DESCRIBED IN PARCEL 1: THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING SOUTH 80'43'25" WEST, ALONG THE SOUTHERLY LINE OF SAID SNJ
DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 1451.85 FEET TO
AN ANGLE POINT IN SAID SAN DIEGO GAS .AND ELECTRIC COMPANY'S BOUNDARY LINE; THENCE NORTH 23m05'05'1 WEST, ALONG SAID SAN DIEGO GAS AND
ELECTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 325.77 FEET TO AN
ANGLE POINT THEREIN, SAID ANGLE POINT BEING HEREINAFTER KNOWN AND
DESIGNATED AS POINT 'IA" THENCE FROM SAID POINT "A", SOUTH 85'28 F 16"
EAST, A DISTANCE OF 1083.64 FEET.TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY,
AIBHG THE ARC OF SAID CURVE, THROUGH A- CENTRAL ANGLE OF 13 '48 ' 19" P
DISTANCE OF 481.89 FEET TO THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE BOUNDARY LINE OF SAID SAN DIEGt
GAS AND ELECTRIC COMPANY IS LAND DESCRIBED ABOVE AS POINT "A" ; THENC' FROM SAID POINT 'fA1l, NORTH 85'28'16'' WEST ALONG THE SAID BOUNDAR
LINE OF CAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE 0
TRUE POINT OF BEGINNING OF TIJE PARCEL OF LAND HEREIN DESCRIBED I
PARCEL 2: THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 2 CONTINUING NORTH 85'28'16" WEST ALDNG SAID SAN DIEGO GAS AND ELECTRI COMPANY'S BOUNDARY LINE, A DISTANCE OF 1755.91 FEET TO AN ANGLE POIN IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE; THENC NORTH 23*05'05" WEST ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPWY'
DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, SOUTH 79'05'50" EASl
A DISTANCE OF 1617.28 FEET TO THE BEGINNING OF A TANGENT CUR1
COMPANY'S LAND, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8, OF SAID
43667, IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; THENCE SOUTH
IO74 05 FEET TO A POINT IN SAID BOUNDARY LINE, SAID POINT BEING TH
BOUNDARY LINE, A DISTANCE OF 216.63 FEET: THENCE LEAVING SAID SI
PAGE Y5
Exhibit "A"
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ORDER NO. 937263-15
CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY
ALX)NG THE ARC OF SAID CURVE, THROUGH A CONTROL ANGLE OF 6'22'2611, A
DISTANCE OF 222.49 FEET TO THE TRUE POINT OF BEGINNING, . -.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO LOTS - l'F1' "H" AND 111'' OF ;SA11
RANCH0:'AGUA HEDIONDA, ACCORDING TO 'SAID MAP NO, 823; THENCE S'OUTI
0'34'51" EAST, ALONG THE WESTERLY LINE OF SAID LOT IfFIl, DESCRIBED 11
DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 5055,
PAGE 447 OF SAID OFFICIAL RECORDS, A DISTANCE OF 1318.39 FEET; THENCl
NORTH 89'28'00" EAST, ALONG THE SOUTHERLY' BOUNDARY LINE OF SAID SAI DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK.5055 AT PAG:
447, A DISTANCE OF 1865.00 FEET TO CORNER NO, 8 OF SAID LOT I'FI' 0
MAP 823 t THENCE SOUTH 0'32'00'' EAST, ALONG THE COMMON BOUNDARY LIN
OF LOTS "F" AND l*Htl, BEING THE EASTERLY LINE OF SAID SAN DIEGOt GA AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49, DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER 0
THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE ET UX, TO GROVE
C. JACOBSEN ET AL, RECORDED APRIL 29, 1948 AS FILE NO. 43667 IN BOO
2778, PAGE 341 OF OFFICIAL RECORDS: THENCE SOUTH 80*43'2511 WEST ALON
THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAN
.DESCRIBED IN BOOK 4456 PAGE 49, A DISTANCE OF 1773.39 FEET TO A
ANGLE POINT THEREIN: THENCE NORTH 23'0510511 WEST, ALONG SAID1 SA DIEGO GAS AND ELECTRIC COMPANY 'S LINE, A DISTANCE OF 325.77 FEET '1
AN ANGLE POINT THEREIN; THENCE NORTH 85'281168t WEST, ALONG SA1
BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND,
DISTANCE OF 2802.96 FEET TO AN ANGLE POINT THEREIN: THENCE NORl
23' 05'05'' WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS Al
ELECTRIC COMPANY 'S LAND, A DISTANCE OF 216.63 FEET TO A POINT IN SA1
SAN DIEGO GAS AND ELECTRIC COMPANY IS. BOUNDARY LINE, WHICH SAID POI1
IS THE TRUE POINT OF BEGINNING: THENCE FROM SAID TRUE POINT (
BEGINNING NORTH 79'05'50" WEST, A DISTANCE OP 449.94 FEET TO TI
BEGINNING, OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS (
1000.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY Awl
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34'00'00" I
DISTANCE OF 593.41 FEET TO A POINT OF' CUSP, SAID POINT OF CUSP BEI'
THE INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF THAT CERTA
ELECTRIC COMPANY RECORDED JANUARY 21, 1953 IN BOOK 4722cPAGE 350 '
SAID OFFICIAL RECORDS AS FILE NO. 9010; THENCE FROM SAID POINT
CUSP NORTH 66'54 ' 10" EAST ALONG SAID SOUTHEASTERLY BOUNDARY LINE
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 472
PAGE 350, A DISTANCE. OF 250.00 FEET TO A POINT OF INTERSECTION WI
THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTR COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49: THENCE SOU
85'28'16'' EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE
BOUNDARY LINE OF' SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SOL
I
PORTION, ,OF SAID LOT "HI' . DESCRIBED I,N DEED TO SAN DIEGO GAS A
770.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SF
PAGE bi,6
Exhibit "A If
.* . *?* ' L. .*
I a , 8 ; w : '*,"=.:5. #&L::... 4
>2& . "3. ;:.. >;,2;.y %.,,F9, ' ,*#e*
-4 .. i, #<?-
A,' !I . ORDER NO. 937263-15
23'05'05" EAST, A DISTANCE OF 65.51 FEET TO THE TRUE POINT OF
BEGINNING.
i
#J, -.
Excep'ting from said Parcels 1, 2, and 3 above all that portion of 'Ca
County of San Diego, State of California according to map thereo:f
No. 12242 recorded in office of County Recorder of San Diego Coulnty
k '
October 28, 1988.
.. ,
~.
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PAGE 1::7 .
Exhibit "A'
*. " ".."-...- .," -=:"d-,-.,,.:. ...,-,.. ;. : i.. ........ ; .. , .... -< ..: ..i ,I._? ............... , -1' ......... . , ..................... ". + .... - .... 2 .................. " *;. .. '.....- ,-.,, :" r:
.I . -, * i.
LEGAL DESCRIPTION - OPEN SPACE.
a:
THAT PORTION OF LOT H OF RANCHO AEUA HEDIONDA ACCORDING TO MAP 'IHEREfl
ON'~%LE WITH ,THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CP
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO. 72-?
7492 RECORDED IN THE OFFICE Of SAID COUNTY RECORDER;'' THENCE i
PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 9, NORTH 67"30'33" EA:
NORTH 67'30'38" EAST), 747.46 FEET; THENCE SOUTH 22"29'22" EAST, 347.1
THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 22"29'22'' EAST, 23
TO 'THE NORTHERLY SIOELINE OF PALOMAR AIRPORT ROAD (RS-1534); THENCE I
SIDELINE SOUTH 8730'22" EAST; 981.04 FEET TO THE 'WESTERLY SIDELINE 01
STREET, SAID POINT ALSO BEING THE BEGINNING OF A 20.00 FOOT RADIUS CUR
NORTHWESTERLY, THENCE ALONG SAID WEsTERLY SIDELINE: AND NORTHEASTERLY
ARC OF SAID CURVE 31~ FEET THROUGH A CENTRAL ANGLE OF 9oooo'oow; TH,
2"09'38" EAST, 80.00 FEET TO THE BEGINNING OF A 535.60 FOOT RADIUS CUR
! SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 3:
I
.f THROUGH A CENTRAL ANGLE OF 35'55'37" TO THE BEGINNING OF A 465.00 Fi
. j
L REVERSE CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY AND NOR
i' ALONG THE ARC bF SAID CURVE 475.44 FEET THROUGH A CENTRAL ANGLE OF
; , 'I ,;{ THENCE 'LEAVING SAID WESTERLY SIDELINE OF SAID FUTURE STREET TH'E
31 :i
11 '2 COURSES:
,,' ..i]
' . Q.L , .~rq
I!J -$
: $1
. '; .L ., 'Y '? L.. .
I
C'
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t ... >, ( . ...... i - -> ., ,,: , : 7 :y,, -. , .: ', ' .7 '. I '. ;, ,. .i .,. ',, '.',A!. - '!;;: i'::, ; ',,,?,,,:;'.,, .:: ' - .... .... .......... f %.: , _. y. ,
s. -, _- .......... - ...... ....:.. , ,. . i"j : ti .. Exhibit "B"
.*
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1. SOUTH 69°30'19N WEST, 198.82 FEET;
2. SOUTH 54"35'25" WEST, 605.96 FEET;
3. NORTH 30"07'21n WEST, 90.76 FEET;
4. NORTH 27'36'16" MEST, 252.88 FEET;
5. NORTH 30'27'28" WEST, 420.02 FEET;
6 :.'t.(. . .,! ' NORTH 27'00'30'' WEST, 383.64 FEET;
7, 'NORTH 17'554'18" WEST, 221.16 FEET;
8.. NORTH 22"29'22" WEST, 780.90 FEET;
i
f
THENCE SOUTH 67"30'38" WEST, 516.54 FEET Tb THE TRUE POINT OF BEGrNN'ING.!
1
I
1
I I 'I ! I
,\ ., ,I :
:I
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1; .I ::I
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Exhibit "Btt
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e 0 EX1
I 1:
1
2
3 I 4l 5l
6 /I
11
VI
RESOLUTION NO a 88-348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE LOCAL COASTAL PROGRAM (MELLO
I1 SEGMENT), GENERAL PLAN AND AGRICULTURAL PRESERVE CONTRACT TO ALLOW A 52 ACRE LAND SWAP AND A ZONE CHANGE FOR ZONING CONSISTENCY FOR PROPERTY LOCATED
NORTH OF PALOMAR AIRPORT ROAD, EAST OF PASEO DEL
NORTE AND SOUTH OF CANNON ROAD. APPLICANT: CARLTAS CARLSBAD RANCH
' 'I :I CASE NO. : LCPA 88-1 [MELLO II)/GPA/LU 88-2/ZC 88-4
8
9
AGRICULTURAL PRESERVE CONTRACT AMENDMENT 76-1B.
WHEREAS, the City Council did on the 1st day of Nov
10
11
12
consider said request, and
/City of Carlsbad, California: l9
18
Negative Declaration. 17
of the City Council considered all factors relating 1 16
any written comments received, and reviewing the recommen 15
study, analyzing the information submitted by staff, consi 14
considering all testimony and arguments, examining the i 13
WHEREAS, at said public hearing, upon hearin
20
21
22 hearing, the City Council hereby recommends APPROVAL
23 Negative Declaration according to Exhibit "NDvv dated Octo1
24 1988 and vIPIIvl, dated September 20, 1988, attached here
25 made a part hereof, based on the following findings:
26 Findinas:
27
28
1988, hold a duly noticed public hearing as prescribed by
THEREFORE, BE IT HEREBY RESOLVED by the City Council
1. That the foregoing recitations are true and cox
2. That based on the evidence presented at the
1. Although the proposed project could have a sign:
effect on the environment, there will not be a sign: effect in this case because mitigation measures ha'
'i e
1
2'
3
4
5 ,/ Conditions:
added to the project to a point where clea
significant effect would occur; and
2. There is no substantial evidence that the proj
conditioned may have a significant effect 4
environment.
I! : (1 I! The Me110 I1 LCP shall be amended to incorporate the fo mitigation measures as policies pertaining to the develop the subject Carltas property.
8
9
10
1. In order to tie the eastern and western agricultura together the proposed north/south road shall inco a grade separation at its northerly portion. Th separation shall be of sufficient dimensions to all vehicles and equipment to move freely between the e west .
11
12
13
14
15
16
2. Concurrent with the construction of the p north/south road the developer shall grade area Y a on Exhibit IIA1WI subject to the satisfaction of the E Director so as to create an area level enough to a1 same type of agriculture that occurs westerly of t ridge to continue around the ridge on the south slopes of said ridge. In order to ensure agric viability the developer shall amend the soils after the area to be equivalent to the existing Class I11 soils in capability.
I.7 I 3. All structures to be located in the future developal shall be setback a minimum of 50 feet from the a area designated for agriculture. 18 I
19
20
21
22
23
24
25
26
4. A solid wall or fence shall be installed around the perimeter of the developable area. The wall (fence be a minimum of 6 feet in height and shall be incox
into the grading where feasible. The intent j
measure is to provide a physical barrier
agricultural and urban uses. The wall or fenc
function to both restrict uncontrolled acces
agricultural areas and to reduce drift of dust ar
shall be constructed concurrent with development property, except for, if the road is built in one which would open the access through the agricultura: an appropriate barrier shall be incorporated a1 roadway. Alternative forms of barriers may be COI provided they satisfy the intent of this measure.
materials into urban areas. The perimeter wall c
27 ll
28 2
I1 * w
1 5. Windbreaks (landscaped) shall be installed 01
2 developable portions to aid in reducing the effects o
spraying and dust generation.
3
4
51
6. Landscape plant material in the developable area sh
selected for resistance to pests, particularly a
thrips, white fly and spider mites. Landscape pla
shall be inspected routinely for presence of pes'
!! treated as required to control them. All pests sh
6 ~j eliminated by means that do not adversely
7
agricultural corps. i 7. LanUscaping with herbaceous plantings shall be discou
invade the farm crops.
since they are likely to be hosts of the pests lik 6
9
10
8. Drainage water from buildings, streets, parking are
landscape in the development shall be disposed of t
storm drains or otherwise in a manner that will avc
11 runoff onto farming areas whether planted or falloo
12 9. If development of the proposed developable portion j
13
water rates on the agricultural land then the del
shall subsidize the water rates to the extent tha
equal farm water rates.
I.4 10.
15
16
17
18
19
20
21
22
11.
The developer shall notify in a manner satisfactory City Attorney all tenants/users of this PI
developable portion of that the area is subject tc
pesticides, and odors associated with adjacenl
operations and that the tenants/users occupy the c
their own risk.
The cost of the above mitigation measures shall bc
by the developer and shall not be passed on
agricultural operators (existing or future) . F
agricultural land that Carltas or its successor in il
cheeses net te farm en a yearly basis, a reasonable shall be made to offer the agricultural lanil for 1( rent at a value equal to or less than the i
prevailing market rents for similarly situated (
agricultural land found within a 30 mile radius
Carltas property.
23
24
25
12. As part of a farm operator's lease, there shal
requirement to keep dirt roads watered regula
minimize dust impacts on crops as well as on a nonagricultural uses.
26 ////
27 ////
28
i
3
~
/I *
1
2
3
4
PASSED, APPROVED, AND ADOPTED at a regular meeting of tl
Council of the City of Carlsbad, California, held on the
day of November 1988, by the following vote, to’ wii
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor
5 1
6 ‘1 ABSENT: None
NOES: None
rl
I 11 ABSTAIN: None
8
9
10
11
12
ATTEST :
13
14
(SEAL) 15
ALETHA L. RAUTENKRANZ, City Clerk
1 (!2&zA% P &&-
16
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18
I 19 I
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22
23
24
25
26
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t
4
e 0
2075 US PALMAS DRIVE CARLSBAD, CA 92009-4859
aitp af (anrlsbab
PUNNING DEPARTMENT
CONOITIONAL NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATlON: North of Palomar Airport Road, east of Paseo del and south of Cannon Road.
PROJECT DESCRIPTION: Four related actions as follows:
(1) Local Coastal Program Amendment to modify the location of devel0 portions of the property. (2) General Plan Amendment from a combination of Residential Mediu Non-Residential Reserve to a combination of Non-Residential Re and Open Space. (3) A Zone Change from R-A-10 and €-A to €-A, OS, and L-C-Q. (4) Amendment to the Agricultural Preserve Contract No. 76-1 to a land swap of 52 acres.
The City of Carlsbad has conducted an environmental review of the above desc project pursuant to the Guidelines for Implementation of the Calif Environmental Quality Act and the Environmental Protection Ordinance of the of Carlsbad. As a result of said review, a Conditional Negative Oeclar; (declaration that the project will not have a significant impact on environment) is hereby issued for the subject project. Justification for action is on file in the Planning Department.
A copy of the Conditional Negative Declaration with supportive documents i file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califr
92009. Comments from the public are invited. Please submit comments in wri to the Planning Department within ten (10) days of date of issuance.
DATED: October 12, 1988
MICHAEL J. HO-MILL CASE NO: LCPA 88-1(Mello 11) Planning Oirector GPA/LU aa-21~ 88-4 Agricultural Preserve (Mi 11 i amson) Contract Amendment 76-1B
APPLICANT: Carltas Company
PUBLISH DATE: October 12, 1988
0 e
_. I
\
Mail to': State Clearinghouse, 1400 Tenth Street, Rm. 121, Sacramento, CA 95814 -- 916/445-0613
I NOTICE OF CaPLEl1lla AM6 EMV!RWMEuTAL bOClJME*T FO(LM [ see no 1 SCH #,
L-
1. Project Title Carlsbad Ranch
2. Lead Agency: Citv of Carlsbad 3. Contact Person: Gary Uevne
3a. Street Address: 2075 LaS Palmas 3b. City! Carlsbad
3c. County: Sen Dieso 3d. Zip: 92009 3e. Phone: (619) 438-1161-
PROJECT LOCATION 4. County: San Dieso 4a. City/Community: Cerlsbad -
Lb.(optional) Assessor's Parcel No. ---- 4c. Section: ---- Tup. "" Range ----
Sa. Cross Streets: Palomar AirDort Rd/Paseo Del Worte 5b. Nearest Comunity: -----
6. Uithin 2 miles of: a. State Hwy Wo. 1-5 . b. Airports Palomar c. Uaterways -3
7. DOCUMENT TYPE 8. LOCAL ACTION TYPE 10, DEVELOPMENT TYPE
-
For Rural,
_.
CEQA -
0' - MOP
02 - Early Cons
03 X Neg Dec
04 - Draft EIR
05 - Supplement/
(if so, prior SCH #
Subsequent EIR
)
MEPA -
06 - Wotice of Intent
07 - Envir. Assessment/
FONSI
08 - Draft EIS OTHER
10 - Final Document
11 - Other:
09 - Information Only
01 - General Plan Update 01 - Residential: Units __ AC
03 X General Plan Amendment Acres Employees
02 - New Element 02 -Office: Sq. Ft.
04 - Master Plan 03 - Shopping/Commercial: Sq.F1
05 - Annexation Acres Employees -
06 - Specific Plan 04 - Industrial: Sq. Ft.
07 - Redevelopment Acres Empl oyees -
08 X Rezone 0s - Sewer: MGD -
09 - Land Division 06 - Uater: MGD
(Subdivision, Parcel Map.
Tract Map, etc.) 07 -Transportation: Type -
10 - Use Permit 08 -Mineral Extraction: Hineri
11 - Cancel Ag Preserve 09 - Power Generation: Uattage
12 X Other LCP Amend T ype :
Urn. Act contract Amend 10 A Other: Non-Residenfia[ &
-: L40
11. PROJECT ISSUES DISCUSSED IN DOCUMEWT
01 X Aesthetic/Visual 08 - Gcologic/Seismic 15 - Sewer Capacity 22 -
02 X Agricultural Land 09 - Jobs/Housing Balance 16 - Soil Erosion 23 -
03 - Air Quality 10 - Minerals 17 - Solid Uaste 24 -
04 - Archaeological/Historical/ 11 - Woise 18 - Toxic/Hazardous 25 -
Paleontological 12 - Public Services 19 - Traffic/Circulation 26 X
05 - Coastal 13 - Schools 20 - Vegetation 27 -
06 - Fire Hazard 14 - Septic Systems 21 - Uater Quality 28 -
07 - FLooding/Drainege
12 FUNDING (approx.) Federal S State L Total 8
13 PRESENT LAND USE AND ZONING: Exclusive Agriculture and R-A-10,000 - Farming.
14 PROJECT DESCRIPTION: See attached sheet.
T
-\ '\ 7- / ; I(
15. SIGNATURE OF LEAD AGENCY REPRESENTATIVE: \i.d-,;LiLc t k L L~'J.+ \:~\.cL \*oete: '1 - \ (i - NOTE: Clearinghouse will assign identification numbers fof all new projects If a SCH Wumber 8'
project (e.9. from a Notice of Preparation or previous draft document) please fill it in.
0 0 . -. .- "- . ". - " <CY ltWlriti Atitluc'fEs " '. .
- Resources- Agency
Alr Resources Board - - Conservatf on
Fish and Game
- Coastal Coomission - Ca? trans District
-
- - Caltrans - Planning
Cal trans - Aeronautics - - Gal ifornia Highway Patrol - Boating and Waterways. ._ '
. " . "_ . ..
- Forestry
- State Water Resources Control
Board - Headquarters
- Regional Water Qua 1 i ty Control
8oard 9 Reg ion
- Division of Water Rights (SWRCS) - Division of Water Quality (SWRCS) - Department of Water Resources
- Reclamation Board
."
Sol id Waste Hanagement Board . -
- CWA (Ca 1 TRPA) - TRPPl (Tahce RPA)
- Parks and Recrea t,i on
- lay Conserva tlon & Of
- Office of Historic Pr - Naffve American Heri t
State Lands Corn - Pub1 ic Uti? i ties Cam
-
- Energy Corn -. . - Food and Agri cu 1 hwe - Health Services - . Statewide Health Planr - Housing and Comnf ty - Correctfons - General Services - Offfce of Local Assist
- Public Works Board
Off ice of Appropriate
Local Government Uni t
Santa Monica Mountains
- - -
- Colorado Rfver Board 0 ther -
FOR SCH USE ONLY rc
Date Received at SCH
Oa te Review Starts
Oats to Agencies
Date to SCIl
C1 ewance Date
I rlot2s i
Ca tal og Number
Proponent '
Consultant
Con tact
Address
e L
0
ECKE/CARLSBAD FArJCh
Project DescriDtion
4 Commments!
A. General Plan Amendment (GPA) on 4140 Medium Residential (FW) and Non-Resident
(NRR) to Open Space (approximately 50 acr
Residential Reserve.
B. Zone Change (ZC) from R-A-10,000, an(
Agriculture (EA), to Open Space (OS), EA,
Control (L-C) .
c. Local Coastal Program Amendment (LCI?A) Segment - Modify (or switch) locations of property with the agricultural lands
quantities. Text changes to LCP to acco boundary change also would occur.
D. Williamson Act Contract Amendment approximately 52 acres from the preserve equal amount of acreage, in a differer
within the property, to the preserve. refers to this exchange as the "Land Swa,
-9- *
e m
ENVIRONMENTAL IHPACT AGSESSXENT POW - PART 11
(TO BE COMPETED BY THE PLANNING DEPARTMENT)
I. BACKGROUND
CASE NO. GPA/LU 88-2/ZC l LCPA 88 DATE : 9/19/88
1. APPLICANT: Carltas Development Co.
2. ADDRESS AND PHONE NUMBER OF APPLICANT: -
4401 Manchester Ave. St. 206 -
Encinitas. CA 92024 -
3. DATE CHECK LIST SUBMITTED: 5-24-88 -
11. ENVIRONMENTAL IMPACTS
(Explanations of all Affirmative Answers are to be written
under Section 111 - Discussion of Environmental Evaluation)
1. Earth - Will the proposal have significant results in:
a. Unstable earth conditions or in changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering
of the soil?
C. Change in topography or ground surface relief features?
- YES MAYBE
d. The destruction, covering of modification of any unique geologic or physical features?
e. Any increase in wind or water erosion of soils, either on or
off the site?
f. Changes in deposition or erosion
of beach sands, or changes in siltation, deposition or erosion
which may modify the channel or a river or stream or the bed of the
ocean or any bay, inlet or lake?
0
2. &r - Will the proposal have
significant results in:
a. Air emissions or deterioration
of ambient air quality?
b. The creation of objectionable
odors?
c. Alteration of air movement, moisture or temperature, or any
change in climate, either locally
or regionally?
3. Water - Will the proposal have significant results in:
a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patters, or the rate and amount of surface water runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters, or in any alteration of surface ,water quality, including but not limited to, temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of flow (of ground waters?
g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts
or excavations?
h. Reduction in the amount of water
otherwise available for public
water supplies?
-2-
e
- YES MAY BE
"
"
- "
-
e
4. Plant Life - Will the proposal have significant results in:
a. Change in the diversity of species,
(including trees, shrubs, grass, crops, microflora and aquatic plants)?
unique, rare or endangered species
of plants?
c. Introduction of new species of plants
01: numbers of any species of plants
b. Reduction of the numbers of any
into an area, or in a barrier to the normal replenishment of existing species?
d. Reduction in acreage of any agricultural crop?
5. Animal Life - Will the proposal have
significant results in:
a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)?
b. Reduction of the numbers of any unique, rare or endangered species of animals?
c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? '
d. Deterioration to existing fish or wildlife habitat?
6, Noise = Will the proposal significantly
7. Lisht and Glare - Will the proposal sig-
8. Land Use - Will the proposal have
increase existing noise levels?
nificantly produce new light or glare?
significant results in the alteration of the present or planned land use of an
area?
-3-
e
YES MAYBE
-
-
_x
X
i
w
9. Natural Resaurces - will the proposal have significant results in:
a. Increase in the rate of use of any
b. Depletion of any nonrenewable
natural resources?
natural resource?
10. Risk of UDset - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions?
11. Pomlation - Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the
human population of an area?
12. Housinq - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing?
13. TransDortation/Circulation - Will the proposal have significant results in:
a. Generation of additional vehicular
b. Effects on existing parking facili-
ties, or demand for new parking?
c. Impact upon existing transportation
d. Alterations to present patterns of
movement?
systems?
circulation or movement of people and/or goods?
e. Alterations to waterborne, rail or
f. Increase in traffic hazards to
air traffic?
motor vehicles, bicyclists or pedestrians?
- YES MAY BE
-
-
"
-4-
0 al
- YES
14. Public Senrices - Will the proposal have a significant effect upon, or have signif-
icant results in the need for new or
altered governmental services in any of
the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services?
15. Eneray - Will the proposal have significant results in:
a. Use of substantial amounts of fuel or energy?
b. Demand upon existing sources of
energy, or require the development
of new sources of energy?
16. Utilities - Will the proposal have significant results in the need far new systems, or alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health - Will the proposal have significant results in the creation of
any health hazard or potential health hazard (excluding mental health)?
-5-
MAY BE
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0 0
- YES -4
18. Aesthetics - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically Offensive
public view?
19. Recreatioq - Will the proposal have
significant results in the impact upon the quality or quantity of existing
recreational opportunities? "
20. Archeolosical/Historical/Paleontoloqica& - Will the proposal have significant
results in the alteration of a significant '
archeological, paleontological or
historical site, structure, object or
building?
21. Analyze viable alternatives to the DroDosed moiect such as:
a) Phased development of the project, b) alternate site desi! c) alternate scale of development, d) alternate uses for the e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative.
a)The general plan amendment, zone change, LCP amendment and agricul swap are the first steps in a long-term phased development pl'an f acre parcel. A master plan and local facilities management p1a.n w:
specific phasing at a later date.
b)On the 440 acres of land, there are a number of ways to develop S that area. Without mitigation of the potential impacts of the la agriculture, less impacting developable area would appear to be perimeter of the property, versus placing a Itwedge" of developmc middle of the agriculture. However, mitigation is presented ir section of this report.
c) N/A - No scale of development is proposed at this time. An area w be developed, about 52 acres, is proposed to be added to the aq preserve and an equal amount is proposed to be removed from it. In the open space designation will replace potential residential land
d) Non-residential reserve essentially is a holding zone for future de The designation allows far a variety of uses, such as ayriculture, i recreational, commercial, government and utilities. The pre
agriculture, is compatible within this designation as Flower f
compatible to open space. Alternate uses for the site, in ad
agriculture, will be included in a future Master Plan. Mitigation
potential incompatibilities between agriculture and urban uses are in the last section of this report.
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e) Development will occur at a future time. The land swap into an Williamson Act Preserve must occur prior to 1/1/89 and the GPA, will facilitate that contract amendment.
f) There are ne alternate sites for the proposed, as the Ecke propert Williamson act Contract Land within Carlsbad.
4) "No project" would allow development to occur on the corner Norte/Palomar Airport Road and the first ridge, as currently yen Local Coastal Program. The flower fields thus could be devel preservedthrough a future Master Plan process, which foreseeably development elsewhere.
-7-
a 0
YES MAYBE;
22. Mandatorv findinus of simificance -
a. Does the project have the potential to degrade the quality of the environment, or curtail the diversity
in the environment? "
b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
c. Does the project have impacts which are individually limited, but cumulatively considerable? (A
project may impact on two or more
separate resources where the impact
on each resource is relatively small,
but where the effect of the total of
those impacts on the environment is
significant.)
x-
" X
d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X
111. DISCUSSION OF ENVIRONMENTAL EVALUATION
See attached Project Description
1.2.3. Earth, Air, Water - The GPA, zone change, and agricultural land: have no impact on topographic features, erosion, air quality, groundwater. The actions will ensure and increase permanent c and remove potential residential land uses from the airport zone.
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ECKFJCARLSBAD RANCH
Proi ect Description
4 ComDonents:
A. General Plan Amendment (GPA) on 440 acr
Medium Residential (RM) and Non-Residential
(NRR) to Open Space (approximately 50 acres)
Residential Reserve.
B. Zone Change (ZC) from R-A-10,000, and e
Agriculture (EA), to Open Space (OS) , EA, and Control (L-C) .
C. Local Coastal Program Amendment (LCPA) - b Segment - Modify (or switch) locations of dew property with ’ the agricultural lands il quantities. Text changes to LCP to acccrmmoc boundary change also would occur.
D. Williamson Act Contract Amendment -
approximately 52 acres from the preserve anc
equal amount of acreage, in a different 1
within the property, to the preserve. T
refers to this exchange as the “Land Sw~p”.
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DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued)
48 Phlnt Life - The area has been farmed for years, SO is
natural state, thus contains no sensitive biological ha,bit Williamson Act Contract Amendment proposes to evenly approximately 52 aces, into and out of the preserve. while 1 not be a reduction in acreage Of any agricultural crop per land swap could have indirect impacts On agriculture, based t development. Please see the discussion on No. 8, Land Us
deals with this issue in detail.
5.6.7.
Animal Life. Noise, Lisht and Glare - The proposed land sti
will have no impacts in these areas. The GPA to eliminate residential will have positive effects in terms of noise f airport flight path,
8. Land Use
A. General Plan Amendment (GPAI - The proposal to re.
residential designation Of R-M (4-8 DU/AC), to be repl:
NRR and os is not adversely significant, and in fac beneficial because it would remove the potential cornpi
conflicts of having residential uses located within thc
influence area of Palomar Airport.
NRR (Non-Residential Reserve) is used for areas held il for non-residential uses such as agriculture, inc recreational, commercial, governmental and utility uses. uses will be determined in a future master plan.
At this point, the designation of approximately 50 acre space for the preservation of the existing Carlsbac fields" is beneficial to the present and future character of Carlsbad and the land use of the Ecke pro]
B. Zone Chanae - A zone change to facilitate the GPA will
General Plan and zoning consistent,
c. Local Coastal Prouram Amendment (LCPAI and Williamson Act
Amendment - The "land swap" of approximately 52 acres in1
of the preserve could have potential impacts to the agr viability of the remaining farmland, if certain measure
undertaken. The following discussion generally is an exc
the agricultural studies which are on file in the Department:
The planned development along the north-south ridge woc a significantly new situation, layingthe groundwork for
future impacts to both urban and agricultural uses. Agr
impact to urban uses occur from a variety of Agricultural activity can be the source of complaints a1
impacts from dust, noise, odors, health hazards, tra
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from farming. Besides complaining directly to the
residents (or employers/emplQyees, etc.) have been
protest these impacts to the agricultural commissioner.
Operating costs tend to increase also when farmers ad:
schedules around urban areas and spraying schedules arc
critical climatic factors. Crops require treatments at times that are not always coincidental with calm weather
the yield quality of crops in a subordinate position
schedules. Any pesticides employed would have to be cc
with urban uses, subject to stricter governmental regul
Another major area of urban impacts deals with vanda theft. Vandalism occurs in terms of physically destroyi
machinery, and support equipment. Losses can also o( people trespass, which they often feel is their right 1
perception that an agricultural field represents an UI space amenity. Neighbors out on casual walks destsol trample crops, take produce and flowers. Other urban such as using a farm site as a dump also impact farm t costs directly.
Vehicular and farm equipment traffic could present some if appropriate provisions are not made to cons requirements of each. The commercial area requires paved
into and through the development. Farm vehicles and
must have ready access to all cultivated land.
Roadways in the farming area, unlike the developed area, be paved. Vehicle traffic plus certain farm activ cultivating can result in generation of considerable du soils and/or surfaces are kept moist and vehicle speed Since dust can injure crops, it is in the best interes parties to minimize its Occurrence.
Farming practices have developed so urban dwellers wi
adversely affected by nearby agriculture. These methods
0 Use of ground spray rigs rather than airplane or h
application of pesticides
0 Nonoptimal field configuration in order to minimize
0 Use of slower-acting nitrate fertilizers rather tha
acting organic fertilizers in order to minimize odc
0 Adjusting work starting and quitting times to mor
coincide with residential population habits
0 Transporting labor to the field in buses to minimi;
and parking problems
These practices raise production costs. However, fa1 adjusted practices and are able to continue farmin
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a 0
significantly impacting neighboring development.
A less direct impact on costs is what has been tt- =met
closeout. This occurs as fields become surrounded by urL
uses. In addition to the impacts noted above, farmers more difficult to obtain casual labor. Also, certain es inputs such as water tend to have residential rates admini
and support facilities (suppliers) relocate to more distal
areas.
See the mitigation section for measures pertaining
potential impacts described above.
9.10.
Natural Resources, Risk of Upset - Not applicable.
11.12.
Population, Housing - The GPA eliminates approximately 106 a, vacant land designated for residential use, which after cons: constraints, would yield about 400 dwelling units. The loss o units at this location is not considered significant, bece accordance with the City's Growth Management Program, they reallocated and planned for somewhere else within the No:
quadrant of the City.
13.Transportation/Circulation - The land swap basically tz
and creates a north-south Link between Cannon Rd. and Palomar P
Road. A traffic report is on file in the Planning Departmer
states that the additional access road to Cannon Road and 1
Airport Road will disperse the traffic from the Carlsbad Ranc and will not concentrate the loading to Paseo Del Norte providing access to the project area from Palomar Airpor
farther to the east of Paseo Del Norte than would be the cas
. the existing General Plan, the intersection spacing and t
signal operation along Palomar Airport Road can be opti
resulting in better overall operation. Actual trip numbers wc determined in more detail as part of a master plan process.
developable area next to PaseO Del Norte and moves it furthe
14.15.16.17
Public Services, Energy, Utilities, Human Health - These area not be impacted by the GPA, zone change, or land swap, specific project is proposed at this time.
18. Aesthetics - The designation of the existing flower fields t
space will provide and preserve a scenic public view, a bene
the proposal.
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0 rn
19.Recreatiog - If ~tvisualtf opportunities or scenic picture tak
considered-recreational, the proposal would have a positive on the community.
20.Archaeolouical/Historical - The redesignation of the property
land swap will not impact cultural resources since the prope
been farmed for years. Any specific building plan would nece;
further testing for archaeological resources.
21. (Alternatives - already done)
22. Mandatory findinss of Simificance - (Please see the p.
discussion dealing with Land Use Compatibility issues.)
A. No significant impact expected. As stated in the 1
description and previous discussion, the proposal. il
disturbed agricultural lands.
B. In the short-term the swap preserves 50 ac+ of existing
fields (see previous discussions). However, without miti
the swap could have the potential to adversely impact the
discussion)
term viability of agriculture on the site. (see mitigation s
C. The potential impacts on the long-term viability of agric
including mitigation have been noted. The Carltas pr represents a small portion of coastalland under cultivatio
of this land is under tremendous development pressure so tt actions that affect the long term viability of agriculture of the parcels could have the cumulative effect of reduci viability of coastal agriculture. However, mitigation me have been added to this project to reduce or eliminate pot adverse impacts to long-term agricultural viability.
D. The use of Agricultural pesticides is highly regulated to
safety. It is felt that with regulation and mitigation me requiring buffers and fencing that risks to humans will be r
to a level of insignificance.
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IV. DETERMINATION (To Be completed By The Planning Department)
I find the proposed project COULD NOT have a significant ef
the environment, and a NEGATIVE DECLARATION will be prep
x I find that although the proposed project could have a sign
effect on the environment, there will not be a significant
' in this case because the mitigation measures describe2
attached sheet have been added to the project A Cond Negative Declaration will be proposed.
On the basis of this initial evaluation:
I find the proposed project MAY have a significant effect
environment, and an ENVIRONMENTAL IMPACT REPORT is requi:
f ._
I.
'I / : &: 2; , "> ,' .. c I <LL
Date Signature u
417 lj/$@
Date Planning -Direcb
V. MITIGATING MEASURES (If Applicable)
A. The Mello I1 LCP shall be amended to incorporate the fol mitigation measures as policies pertaining to the develop1 the subject Carltas property.
1. In order to tie the eastern and western agricultura3 together the proposed north/south road shall incorpc
grade separation at its northerly portion. The
separation shall be of sufficient dimensions to allc
vehicles and equipment to move freely between the e2
west.
2. Concurrent with the construction of the proposed nortt
road the developer shall grade area Y as shown on exhi subject to the satisfaction of the Planning Director st create an area level enough to allow the same t: agriculture that occurs westerly of the west ridge to cc around the ridge on the south facing slopes of said In order to ensure agricultural viability the develope] amend the soils after grading the area to be equivalent
existing Class I11 Marina soils in capability.
3. All structures to be located in the future developabl
shall be setback a minimum of 50 feet from the adjacen
designated for agriculture.
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4. A solid wall or fence shall be installed around the perimeter of the developable area. The wall (fence) s a minimum 6 feet in height and shall be incorporated i grading where feasible. The intent of this measure
provide a physical barrier between agricultural anc
useSI The wall or fence shall function to both r uncontrolled access into agricultural areas and to drift of dust and spray materials into urban areas perimeter wall or fence shall be constructed concurre
development of the property, except that, if the road i in one phase, which would open the access throu agricultural lands, an appropriate barrier sha incorporated along the roadway. Alternative forms of b'
may be considered provided they satisfy the inte:nt (
measure.
5. Windbreaks (landscaped) shall be installed on the dleve:
portions to aid in reducing the effects of farm sptray: dust generation.
6. Landscape plant material in the developable area st selected for resistance to pests, particularly aphids, i white fly and spider mites. Landscape plantings st
inspected routinely for presence of pests and trea
required to control them. All pests shall be elimini
means that do not adversely impact agricultural crops
7. Landscaping with herbacious plantings shall be disco1
since they are likely to be hosts of the pests lik invade the farm crops.
8. Drainage water from buildings, streets, parking are landscape in the development shall be disposed of 1 storm drains or otherwise in a manner that will avc
runoff onto farming areas whether planted or fallow.
9. If development of the proposed developable portion j
water .rates on the agricultural land then the develope]
subsidize the water rates to the extent that they equz
water rates.
10. The developer shall notify in a manner satisfactory
city attorney all tenantqusers of this Proposed devel portion that the area is subject to dust I Pesti(=ide odors associated with adjacent farm operations and tl-
tenants/users occupy the area at their own risk.
11. The cost of the above mitigation measures shall be bc
the develoPer and shall not be passed on to the agrict Operators (existing Or future). For all agricultura that Carltas or its successor in interest chooses not t
On a yearly basis, a reasonable effort shall be made tc the agricultural land for lease or rent at a value eq
Or less than the average prevailing market rents for sin
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situated Coastal agricultural land found withirl a
radius of the carltas property.
12. AS part of a farm Operator's lease, there shai
requirement to keep dirt roads watered regularly to dust impacts on crops as well as on adjacent non-agril
uses.
VI.APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS To CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING 1 AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PfrarEt
/"- -/ ," /- -7
/- 1 - 1' r {'' / /I,
i' :-I 'I i !/,,(,./ i ,- / I , / I /
Dkte LSigna@/' "
/
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LCPA
EXllII3I.T I\
AOUA IIEDI0M)A UOOOM
-.-._
PACFlC OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMENDMEN'r = Added to the Preserve (52 ac.) L-7 Removed from tile pl
:.......: Existing Developable Area (outside preserve)
. . . . . . . .
6
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7 II
e W EXHll
RESOLUTION NO, 88-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF AN AMENDMENT MELLO I1 SEGMENT OF CARLSBAD'
LOCAL COASTAL PROGRAM TO AMEND LANGUAGE AND GRAPHICS RELATING TO POLICY 2-2. APPLICANT: CARLTAS CARLSBAD RANCH CASE NO.: LCPA 88-1
WHEREAS, a verified application for an amendme ' Local Coastal Plan (LCP) designations for certain propert!
I1 as shown on Exhibit (s) LCPA llA1l, LCPA ItBlt and LCPA' a I/ November 1, 1988, attached and incorporated herein, has I:
9 with the City of Carlsbad: and
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12
13
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17
WHEREAS, said verified application constitu.tes
for amendment as provided in Title 21 of the Carlsbad
Code; and
WHEREAS, the amendments to policy 2-2 of the Me.
segment are necessary to provide consistency between Sect
et. seq. of the Government Code (Williamson Act) , Land Cor
Contract No. 76-1 between the City and the Carltas Corporz
Carlsbadls Local Coastal Program: and
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24
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WHEREAS, the City Council did on the 1st day of
1988, hold a duly noticed public hearing as prescribed
consider said request; and
WHEREAS, at said public hearing, upon he;
considering all testimony and arguments, if any, of a1
desiring to be heard, said City Council considered a1
relating to the Local Coastal Plan Amendment including
Planning Commission recommendations.
...
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THEREFORE, BE IT HEREBY RESOLVED by the City COI
1 the City of Carlsbad, California: 21 3
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1. That the foregoing recitations are true and
2. That based on the evidence presented at tl:
hearing, the City Council APPROVES LCPA 88-1 based on the i
findings .
Findinqs:
1) The proposed Local Coastal Program Amendment, LCPA
shown in Exhibits LCPA IlA", LCPA IlBII, and LCPA In(
November 1, 1988, furthers the goal of Coastal
Management as outlined in the California Coastal Ac'
and as implemented through the Mello I1 segment of C(
Local Coastal Program by providing a clearer, more cc
comprehensive approach to manage coastal agr
resources.
2) The proposed LCP amendments are consistent with the protection policies of the 1976 Coastal Act.
3) The proposed LCP amendment fulfills dual priorities
Coastal Act in that it preserves long term agricult while at the same time preserves the llflower fielc
tourist serving attraction within the City's coasta
4) There is no substantial evidence that the prop02 Coastal Program Amendment, as conditioned by Co
Negative Declaration issued by the Planning Dir
October 12 , 1988, may have a significant adverse impc
environment.
both add to Car1sbad.s community character and E
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.ea
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PASSED, APPROVED, AND ADOPTED at a regular meeti
Carlsbad City Council held on the 1st day of November
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, M'amau:
NOES: None
ABSENT : None
ABSTAIN : None
-
9
10 ATTEST:
l1 i
12 1 A
ALETm L. muTEN-z ,-\clerk
13 11 (SEAL)
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I1 e e EXH I
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RESOLUTION NO. 88-350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL MEDIUM DENSITY (RM) AND NONRESIDENTIAL RESERVE (NRR) TO OPEN
SPACE (OS) AND NRR ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF PASEO DEL NORTE NORTH OF PALOMAR AIRPORT ROAD.
APPLICANT: CARLTAS DEVELOPMENT COMPANY CASE NO.: GPA/LU 88-2
WHEREAS, a verified application for an amendmer
General Plan designation for certain property located,
on Exhibit I1Dl1, dated November 1, 1988, attached and incc
herein, has been filed with the City Council; and
WHEREAS, said verified application constitutes i
12
13
for amendment as provided in Title 21 of the Carlsbad M
Code; and
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WHEREAS, the City Council did, on the 1st
November,' 1988, hold a duly noticed public hearing as pr
by law to consider said request;
WHEREAS, at said public hearing, upon heal
considering all testimony and arguments, if any, of all
desiring to be heard, said Council considered all factors
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to the General Plan Amendment including review of
Commission recommendations.
THEREFORE, BE IT HEREBY RESOLVED by the Cit.y Cc
the City of Carlsbad, California:
1. That the above recitations are true and cc
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2. That based on the evidence presented at tl
hearing, the City Council APPROVES GPA/LU 88-2 basec
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following findings:
Findinqs
1. The recommended General Plan Amendment from Res: Medium (RM) and Nonresidential Reserve (NRR) to Ope
(OS) and NRR is appropriate because:
A. The approximately 44 acres of OS would prese
'Iflower fields11 which is an adopted goal of the Plan.
B. The NRR (432 acres) classification designates ar in reserve for nonresidential uses such as a.gric
C. A subsequent General Plan Amendment will be req change NRR to other uses which will be de.
through future Master Plan process.
10
environment. 12
Declaration issued by the Planning Director on Octc 11
2. There is no substantial evidence that the proposed
Plan Amendment as conditioned by the Conditional 1
1988 may have a significant adverse impact
13
- , 1988, by the following vote, 15
City Council of the City of Carlsbad, California, held 0: 14
PASSED, APPROVED, AND ADOPTED at a regular meetin?
1st day of November
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17
.18 ;j
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AYES: Council Members Lewis, Kulchin. Pettine, Mamaux and I
NOES: None
ABSENT : None
ABSTAIN : None
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23 11 I ATTEST:
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2511 Lu~ R. LLd -L"
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(SEAL) 27
ALETHA L. RAUTENKRANZ, City Plerk
I 28 2
-..._ ._"
LEGEN
RM
NRR
.- . . a"---
ID
MEDIUM DENSITY 4-8 D.U. P
NON-RESIDENTIAL RESERVE
"- _."_ ___""
'ER ACRE
I
,
LEGEND
os OPEN SPACE
NAR NON-RESIDENTIAL RESERVE
PROPOSED GENERAL PLAN
Pacllk Oca.
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RESOLUTION NO. 88-351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE LAND CONSERVATION CONTRACT FOR AGRICULTURAL PRESERVE NO. 76-1. APPLICANT: CARLTAS CARLSBAD RANCH
CASE NO.: AGRICULTURAL PRESERVE 76-1B -
WHEREAS, a verified request for an amendment to
Conservation Contract for Agricultural Preserve No. 76,-1,
on Exhibit ItAtl, dated November 1, 1988, attached and inco
herein, has been filed with the City Council: and
WHEREAS, saidverified application constitutes e
for amendment as provided in Section 51257 of the Ca
Government Code: and
WHEREAS, the City Council did, on the 1st
November, 1988, hold a duly noticed public hearing as pr
by law to consider said request: and
WHEREAS, at said public hearing, upon heal
considering all testimony and arguments, if any, of all
desiring to be heard, said City Council considered all
relating to the Land Conservation Contract for Agri
Preserve No. 76-1B Amendment including review of
Commission recommendations.
THEREFORE, BE IT HEREBY RESOLVED by the City
of the City of Carlsbad, California:
1. That the above recitations are true and cc
2 That based on the evidence presented at tl
hearing, the City Council APPROVES the proposed amendmen
Land Conservation Contract for Agricultural Preserve No.
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shown on Exhibit IrXrr, dated November 1, 1988 based (
following findings:
Pindincrs:
1) The land subject to the boundary adjustment is with
Mello I1 segment of Carlsbad's Coastal Zone and therefc boundary adjustment is subject to Coastal Corn approval
6 The Planninq Commission Finds: II 7 2)
a
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12
3)
4)
That all of the land necessary for the boundary amendm
located in the City of Carlsbad within the County Diego, and that the County of San Diego has popinlat
excess of 1,500,000.
That at least 50% of the land presently subjt
Agricultural Reserve Contract No. 76-1 shall remain 8
to the contract.
That the land to be added to the contract is equal
larger in size than the land to be removed from the cc
13 5) That the land to be added to the contract is equally t
14
suitable far agricultural use than the land to Be I
greater than the fair market value of the land to be : 17
Agricultural Preserve Contract No. 76-1 is equal
6) That the fair market value of the land to be ad 16
Commission dated October 19, 1988. 15
analysis contained in the staff report to the P:
from the contract. This determination is based
agreement. 18
from the contract as of the date of the proposed bc
19 7) That the Agricultural Preserve Contract No. 76-1 has
effect for at least 10 years prior to the date
proposed boundary amendment. 20 I
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8) That the boundary amendment is consistent with the app
provisions of Carlsbadls current General Plan, a
General Plan designation of the land being remom
amendment to Carlsbadls General Plan after the Land I Agricultural Preserve Contract No. 76-1 has been cha
i subject to the Agricultural Preserve Contract No, 76 24 9) The land to be added to Agricultural Preserve Contr
25 76-1 is in San Diego County, and within a contiguous
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land under Agricultural Preserve Contract 76-1.
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10) The proposed boundary agreement is consistent wj findings required by Section 51282, except that tl
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shall not be required to find that the boundary ad: 1 is for land on which a notice of nonrenewal has been I
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11)
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The proposed amendment to the Land Conservation Cont. Agricultural Preserve No. 76-1 will not cause sigl
environmental impacts and a Conditioned Negative Dec: has been issued by the Planning Director on October 1 and recommended for approval by the Planning Cornmi!
October 19, 1988.
This approval is contingent upon approval by the Ca
Coastal Commission (CCC). If the CCC denies or modif approval, the approval beoomes null and void unless
amends the approval to be consistent with I
modifications.
8
9
LO
11
12
13
14
15
16
17
PASSED, APPROVED AND ADOPTED at a regular meetir
City Council of the City of Carlsbad, California, he1.d o
1st day of November 1988, by the following vote,
AYES: Council Members Lewis, Kulchin, Pettine, Mamaul
NOES: None
ABSENT : None
ABSTAIN : None
I.8 I1 ATTEST:
19 11
2011 A=. 1Q RAUTE;"plerk
21
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23
(SEAL)
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25 li 26
27
I ,.
28 3
Ill 0 'W LC PA
EXlllUIT A
AOUA IIEDI0NC)A UOOON
PAUFK: OCEAN
AGRICULTURAL PRESERVE BOUNDARY AMEN[)MEN'r .
rn Added to the Preserve (52ac.l LTi Removed from ttle p
:.......i Existing Developable Area (outside preserve)
. . . . . . . .
e
LCPA 88-1
0 LC PA
EXHIBIT 6
November 1, 1
t
Policy 2-1 c. PERMITTED USES ON DESIGNATE AGRICULTURAL LANDS
The land uses described below ,sha]
any designated coastal agricult
which has not been approved for def
1. On any Class I through
Agricultural Lands (See Exhil
the following uses only art3 pe
a. Cattle, sheep, goats,
c1 production, provided
TEXT
CHANGES
r I
,\ J25 25 BRC5 7 I pRC& 7 f I I i , ~~r~~,~ 4.jFt (Mpe *
i I
r
number of any one or comb
said animals shall not 4
animal per half acre of
Structures for containin
shall not be located with
of any habitable structu
same parcel, nor within 3(
an adjoining parcel z
residential uses.
b. Crop production;
c. Floriculture;
d. Horses, private use;
e. Nursery crop production;
f. Poultry, rabbits, chir
hamsters, and other small
provided not more than 2 f"
e
go
9
h.
$ 1-
j.
k.
r
w
one combination thereof
kept within 50 feet
habitable structure nor h
feat Of an adjoining par,
for residential uses;
Roadside stands for dis
sale of product8 produce
Sam. premisea, with a f]
not exceeding 200 square
located not nearer tha,n 2r
any street or highway;
Tree fanns;
Truck farms ;
Wildlife refuges an
preserves ;
Other 'uses or enterprises
to the above customarily cb
in the field of general agx
including if necessary a
uses such as private
children's playhouses, ra
television receiving ai
windmills, silos, tank
shops, barns, off ices, coo]
hou8e8, stables, pens, corr
similar uses required
-2-
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conduct of the uses above;
1. One single family dwe1:
guest house per existi1
building parcel:
m. Dog., cats, and other
pets, provided not more t
dogs or lour cat8 oldler 1
~n-8 or any colrbinat,ion
shall ba kept on any lot 01
of land: and
n. Home occupation. 9
2. On any class V through VI11 Agric
Lands (See Exhibit 4.2.), the fc
uses only are permitted:
a. All of the permitted uses
above;
b. Hay and feed stores;
c. Nurseries, retail and wholesi
d. Packing sheds, processing
and commercial outlets for
crops, provided that
activities are not located
100 feet of any lot line;
e. .Greenhouses I provided
requirements for yard setback
7 height as specified in C1
-3-
T-
e m
i
21.07 of the Code are me1
3. on any Clas6 I throl
Agricultural Land8 (See Exhi!
the folloving uses are pex
conditional use pemit provide
a. The use prorotes and prc
the long term preser
Coaatal Agricultural i~and,
b. Fulfillr the requires
finding8 for a condit:
% pernit Vith the City of G
1. Apiary, provided
hive8 or boxes how
shall be placed at :
feet from any street
park, aRm zone, or
dwelling or place
habitation other tl
occupied by the L
caretaker of the apia:
2. Aviaries:
3. Poultry, rabbits, chir
haL.Ster8, and othe
animals in excess
number specified in
21.07.020.
-4-
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0 0
4. Pam erployee hou
persons working
provided the number
shall not exceed tvo
acre of land area an{
housing i8 lOCat@d Cl
50 feet from any lot
5. Hay and feed stortea;
6. NUrSerie8, rata
wholesale;
* 7. Packing sheds 01
processing plans f
crops, similar to tho
grown on the pr
provided no such pr
plant is located vi
feet of any lot line:
8. Public vorks projects;
9. Sanitary landfills, te
10. Stables and riding aci
public:
11. Botanical gardens, arb4
and other relate
supporting facilities
display and educatior
agricultural and
-5-
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productr vithin c;
the surrounding I:-,
12. Farmer's rarkets, d
facilities for {the
sale of agricul
floral product
Carlsbad or the I
regiont and
13 A Floral auction a
facilitiea vhicl
% f inancial suppoe
gravers within ca
the surrounding reg
Policy 2-2 ttMIXED-USE" DEVELOPMENT
Xntent
This policy provides conditional development standar
area of approximately 482 acres north of Palomar Airpo
east of Paseo del Norte including the additional 20 ac
Paseo del Norte and Interstate+. (See Exhibit 4.M;
lands owned .efther by Carltas or Ecke or their sut
interest shall be permitted, pursuant to approval I:
Plan or a combination of a Specific Plan and Hastce
I" convert certain agricultural lands to residential I ;
-6-
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residential (including tourist-seWiJMJ conercial) deve
a means of providing supplementary Uses which will ass
retention of agricultural usos en the remaining portion
parcels. It should be noted that residential uses ar
only &ere they do not conflict Vith the Airport Infl
and where thQy are co.patible with adjacent uses.
A. sic Permitted Uses on EWu Leual Parcelg
Where each existing legal parcel as of July 14, :
Exhibit 4.3.) is developed individually, permitted us4
those described above in Policy 2-1 c Permitted
Pesianated Coastal AQricultural wag.
Y
B. Uses Conditionallv Permissible Pursuant to the1
of the Entire Area Subject to a Haster Plan
1. Consistent vith the Carlsbad General Plan rc
commercial (including tourist sewing commercial]
non-residential use8 may be developed up on to 1:
the appraxirately 482 acre site subject to a Mast4
the entire rite.
2. Development shall be clustered along Palomar Ail
Paaeo del Norte, and Cannon Road as per Exhibit 4
3. Any amendment to the location of the developable
be required to prove that the nev area for dew
not rore suitable for agriculture than the
/- -7- I * and clustered 00 the first mjor ridge area as designated
=bit 4.3A
e 0
developable area. The intent Of this require1
Cluatar development on lands least suitable for ac
4, All reraining lands Of aPProXiBately 345 acres (!
4.3A.) shall as a condition Of the Kaster Plan bc
in agriculture for as long as feasible. Feaaib:
be determined for the entire 345 acres Covert
reutriction. Rrrther, feasibility shall be subj
requirements of the Hello I1 Coastal Agriculh
Zone Section 21.82.060(c) .
5. Pursuant to Section 51257 of the Government
I
baundariea of the lands designated for agricult
amended.
I
.L Item No. 6 on p.age 8 of Exhibit "C" which deals with thc amendment to the Local Coastal Plan -revised tc
follows: w c bY
6. As an interim step (prior to a complet
Plan) up to a 35 acre portion of the 137 acre!
of developable ldnd located adjacent and 2;
Phase I of Carlsbad Car Country may be devel
Phase I1 expansion of Carlshad Car Country pur:
Specific Plan.
7. The. 137 acres of developable land include8 any
the 482 acre sitr (See Exhibit 4.3A.) that
developed prior to the Haster Plan approval.
8. Thr mater Plan shall provide a mix location an
of land uses that are compatible with and vi11 nc
impact the long term viability of agricultural us
9. All development shall include special treatme
either through design or through physical ba:
stabilize the urban - agricultural boundaries ani
/-
-8-
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levdl of insignificance agricultural impacts on
usea.
10. ~ll tenants of devel.opable portions of the site
notified as to the rtquirements of the Specific i
Plans and agricultural We6 on the designated land
11, In implementing the Haster Plan all land Q
tenants within the 482! acre site shall vaive an]
file nuisance claims a4,ainst nom1 agriculturalt o
i \ la. All development shall b'e located so as to not irke \ normal agricultural operations including but not
I cultivation, irrigation', and spraying.
h\ '\
13. As a condition of approlial of either the Master P
t
Specific Plan for the 'Phase 11 expansion Of Ca:
Country, whichever occurs first, the proper
(carltas and/or Ecke or ':their successors in inter
!
!
record a deed restriction endorsed by the Coastal
or its successor in inti?rest and the City of Car
the 345 acres of lanc! identified on Exhibit
designated for Agricultural uses and any modifical
shall require a LCP aren&uena
1h
14 . It is recognized that roads can function as buffc
- diS8irilar land uses as well as providing acces
Therefore, roads may be ]mated entirely or partii
at all within areas designated for agricultural
f
decision to include ,or exclude (either pal i
entirely) roads shall : be a condition of tl I
r 1 I h I -9-
1 I * As a condition to any anzm:*nt to the developable area, owner sball elrecute an -nt to the deed restriction
the modification to restricted and unrestricted lands.
._ -. m 0
d*v.lop-nt permit tmt includes the constructia
road,
I
I 1 i
I
j
0
I
I
9, I
1 I I I
1 I
i I
! i I I
;?I I i j'
1
I
f,"
-10-
r _c_I)__ a "
EXHIBIT 4.2A CARLTAS AGRICULTURAL LA -
A~RICULTURAL LANDS
,..... ...... ...... 0 CLA38 I-IV 9OlL8 ...... ...... ...... ...... ...... .._.._ ...... ......
-_
L_1 CLASS V-VIII SOILS
I m
211-010-11
-021-13
-14
-15
-18
-19
-20 -
11'; m m
MELLO I1 SEGMENT CARLSBAD L
KTTj 137 Acres of commercial/non-resident la development per Carlsbi
EXHIBIT "1
NOVEMBER
D 345 Acres of agricultural land use
e m
LCPA 88-1
LCPA EXHIBIl
Novembc
A. The Me1 lo I I LCP shall be amended to incorporate the following mit measures as policies pertaining to the development of the subject property.
POLICY 2.2
15. In order to tie the eastern and western agricultural areas t( the proposed north/south road shall incorporate a grade sep; at its northerly port ion. The grade separation shal1
freely between the east and west. sufficient dimensions to allow farm vehicles and equipment t
16. Concurrent with the construction of the proposed north,/sout the developer shall grade area Y as shown on Exhibit ",4", 5 to the satisfaction of the Planning Director so as to create i level enough to allow the same type of agriculture that westerly of the west ridge to continue around the ridge on the facing slopes of said ridge. In order to ensure agricu viability the developer shall amend the soils after grading th to be equivalent to the existing Class I11 Marina soi capability.
17. All structures to be located in the future developable area be setback a minimum of 50 feet from the adjacent area desi for agriculture.
18. A solid wall or fence shall be installed around the entire per of the developable area. The wall (Fence) shall be a minimum
in height and shall be incorporated into the grading where fea: The intent of this measure is to provide a physical barrjer bc agricultural and urban uses. The wall or fence shall funct. both restrict uncontrolled access into agricultural areas z reduce drift of dust and spray materials into urban areas. perimeter wall or fence shall be constructed concurrent development of the property, except that, if the road is bui one phase, which would open the access through the agricu' 1 ands, an appropriate barrier shall be incorporated alon roadway. Alternative forms of barriers may be considered pr( they satisfy the intent of this measure.
19. Windbreaks (landscaped) shall be installed on the dlevelc portions to aid in reducing the effects of farm spraying and generation.
e e
,
20. Landscape pl ant materi a1 in the developable area shall be 5 for resistance to pests, particularly aphids, thrips, white spider mites. Landscape plantings shall be inspected routir presence of pests and treated as required to control them,, A' shall be eliminated by means that do not adversely agricultural crops.
21. Landscaping with herbaceous plantings shall be discouraged they are 1 ikely to be hosts of the pests 1 i.kely to invade t crops.
22. Drainage water from buildings, streets, parking areas and li in the development shall be disposed of through storm dr otherwise in a manner that will avoid any runoff onto farmir whether planted or fa1 low.
23. If development of the proposed developable portion impact rates on the agricultural land then the developer shall st the water rates to the extent that they equal farm water ri
24. The developer shall notify in a manner satisfactory tal t Attorney a17 tenants/users of this proposed developable port the area is subject to dust, pesticides, and odors associai adjacent farm operations and that the tenants/users occupy d at their own risk.
25. The cost of the above mitigation measures shall be borne developer and shall not be passed on to the agricultural ol (existing or future) For a1 1 agricultural land that Carlta Successor in interest chooses not to farm on a yearly t reasonable effort shall be made to offer the agricultural ' lese or rent at a value equal to or less than the average prl market rents for similarly situated Coastal agricultural la within a 30 mile radius of the Carltas property.
26. As part of a farm operator's lease, there shall be a requir keep dirt roads watered regularly to minimize dust impacts as well as on adjacent non-agricultural uses.
-2-
0 0
EXt
NO
SECOND AMENDMENT TO
LAND CONSERVATION CONTRACT
Aqricultural Preserve No. 76-1
By this second amendment dated 9 1988, C Company, a California Limited partnership, successor in interest as ow1 Carltas Corporation, (hereinafter referred to as "Owner") and the Ci Carlsbad, a political subdivision of the State of California, (hereil referred to as "City"), the Land Conservation Contract dated February 10, by and between Carltas Corporation and the City of Carlsbad (the "Contract hereby amended pursuant to the provisions of Section 51257 of the Governmen!
of the State of California in light of the following facts and circulnstar
A. Pursuant to the provisions of Section 51257 of the Government of the State of California, subdivision (c), the Owner has petit
Agricultural Preserve No. 76-1 and to delete other properti
identical acreage from said preserve.
the City to permi t a boundary adjustment to add propertir
B. The City and Ca7 ifornia Coastal Commission have made determinations required under Section 51257 that sub boul adjustment should be made and that the amendment stated here. appropriate, and is consistent with the intent of Section 512! the development of a Local Coastal Program with provision for term preservation of agricultural lands.
C. Owner and City desire to further amend the contract to spc
certain conditional uses permitted under the Wi 11 i amson Act.
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of
amendment, the land depicted on the attached Exhibit "A" 9 dated November 1,l
located along the north/south trending ridge/valley system shall be deleted no longer subject to the Contract. There shall be no net loss of 1 and under
Conservation Contract Agricultural Preserve No. 76-1 due to this boun
amendment.
as "New Contract land" shall hereinafter be subject to the Contract and the
Section 2. m. For purposes of the determination of the term of
agreement with respect to the New Contract Land, herein made subject to
Contract and previously not subject to the Contract, the term shall be fol
years from the effective date of this amendment and Owner hereby waives the r to cancel this agreement as to such property for a period of five yt
commencing on the effective date of this amended contract.
I) e
Section 3. CHANGE IN NOTICE. Pursuant to the provisions of Sec of the Contract, notice to Owner shall be addressed as follows:
Carl tas Company, a Cal i fornia Limited Partnership
4401 Manchester Avenue, Suite 206 Encinitas, California 92024
Section 4. RATIFICATION AND AFFIRMATION OF CONTRACT. Ex( hereinabove set forth, the 1 and conservation contract dated February 1c is hereby ratified and confirmed. Executed on the date first written at
Section 5. RECORDATION. The Owner shall record this amendment Section 52183.4 of the California Government Code.
Section 6. AMENDMENT PROCEDURES. Amendment of this amendment Conservation Contract Agricultural Preserve No. 76-1 shall not occur ur conditions and contingencies specified in the agreements have been satj
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" .
(Notarial Acknowledgements)
\I,\ e a
I, Agricultural Preserve
Boundary Amendment
VTfi Added to the Preserve (52 Acres)
EXHIBIT "A'
NOVEMBER 1
Fl %8& * Removed from the Preserve (52 Acres)
0 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
ORDINANCE NO. NS-42
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING
THE ZONING MAP TO APPROVE A ZONE CHANGE FROM
R-A-10,000 AND E-A TO OPEN SPACE (OS), LIMITED
CONTROL (LC-Q) AND EXCLUSIVE AGRICULTURE (E-A)
AS SHOWN ON EXHIBIT "E" DATED NOVEMBER 1, 1988 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF CANNOI
ROAD, EAST OF PASEO DEL NORTE, NORTH OF PALOMAR
AIRPORT ROAD. APPLICANT ! CARLTAS
CASE NO: ZC 88-4
The City Council of the City of Carlsbad, Cali:
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal (
amended by the amendment of a zoning map as shown on t
marked ZC 88-4, Exhibit lvE" attached hereto and made
hereof.
SECTION 2: The findings of the City Council
follows:
1. The EA Zone is appropriate to apply to tk
governed by the Agricultural Preserve (Williamson) CI because purpose of the zone is to provide, protect and enc agricultural uses.
2. The OS Zone is appropriate for the "flower because it is designed to provide for open space uses whil been deemed necessary for aesthetic reasons as well designate high priority resource areas. The applicant CI to the recording of a document to the effect that as a co of the approval of the master plan for development of the property, as required under the local coastal plan, whic convey to the City by deed restriction, open space easel such other form of conveyance as is determined appropriate
City and Carltas over that portion of the subject real p
designated as v90St8 on Exhibit "Egt dated November 1, 1988 conveyance shall be credited towards the OS requirement Growth Management Plan Zone 13.
3 e The L-C Zone is appropriate for the deve
portions of the site because it is an interim designat:
areas where planning for future uses has not been complet
the interim it allows only those uses allowed by the EA
28
I1 e e
that L-C is compatible with the EA Zone over the Agricl 1
within this zone will be compatible with existing agricxlt 4. The Q-Overlay will ensure that development pe 2
Preserve.
3 will preserve the areas' visual resources.
4
5
6
7
a
9
10
11
5. There is no substantial evidence that the p Zone Change as conditioned by the Conditional Negative 1)ecl
issued by the Planning Director on October 12, 1988 may significant adverse impact on the environment.
EFFECTIVE DATE: This ordinance shall be ef
thirty days after its adoption, and the City Clerk shall
to the adoption of this ordinance and cause it to be publi
least once in the Carlsbad Journal within fifteen days; af
adoption. ,
~ INTRODUCED AND FIRST READ at a regular meeting 12
13
14
15
16
17
18
19
20
21
22
Carlsbad City Council held on the 1st day of November
and thereafter
...
...
...
...
...
...
...
...
...
23
24
25
26
...
...
...
27 ORDINANCE NO. I/ 88-42 -2-
28
li e 0
br II /I
PASSED AND ADOPTED at a regular meeting of saj 1
2
3
4
5
6
Council held on the 8th day of November , 1988,
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux (
NOES: bne
ABSENT : None
7
a
9
10
11
12
13
ATTEST :
14
15 ALETHA L. KRANZ, CityjClerk //lL
16
17
18
19
20
21
22
23
24
25
26
(SEAL)
27 ORDINANCE NO. il 88-42 -3-
28
0
LEGEND
E-A EXCLUSIVE AGRICULTURAL ZONE
R-A-10 RESIDENTIAL AGRICULTURAL ZONE
I
LEGEND
os OPEN SPACE
LC LIMITED CONTROL
PROPOSED ZONING
I €-A EXCLUSIVE AGRICULTURAL ZONE -
Carlsbad Journal
Decreed A Leqal Newspaper by the Superior Court of Sun Dlego County
notice advertising to
3. Encinitas, CA 92024
Mail ail correspondence regarding public
North Coast Publishers, Inc. corporate offlces: P 0. Box 871 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and o resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above enti
I am principal clerk of the printer of the Carlsbad Journal a newspaper of genera
published twice weekly in the City of Carlsbad, County of San Diego, State of Cal fornia
newspaper is published far the ciissemirlation of local news and intelligence of a general ch
which newspaper at all times herein mentioned had and still has a bona fide subscription I'
subscribers, and which newspaper has Leen estcrblished, printed and published at regular
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding 01
precedinq the date of publication c City of Carlsbad
~~~~.~~~~~~~~~~~~~~~~~,~~~~~~~~;~~:~~
CORRECTED Those persons wishing to speak NOTICE OF on this proposal are cordially invit- ed to attend the public hearing. ~f PUBLJC HEARING you have any questions, please call
the Planning Department at 438-
of Carlsbad will hold a public IfYouchallengetheGeneral Plan that the City Council of the City
hearing at the Council Chambers Amendment. Land Use. Local 1200 Elm Avenue, Carlsbad. tali: Coastal Plan Amendment, Zone
vemberl,l988toeonsideranappli- ContraCt Amendment 76-16 in fornia, at 600 p.m. on Tuesday, NO- Change, 01' Agricultural Preserve
cation for a General Plan Amend- Court, YOU may be limited to raising ment, Land Use, Localcoastal Plan only those issues YOU or someone Amendment, Zone Change, and else raised at the public hearing
Amendment 76-16 on property ten correspondence delivered to Agricultural Preserve Contract described in this notice or in writ-
generally located north of Palomar the City of Carlsbad at or prior to Airport Road, east of Paseo del the public hearing.
No% in Local Facilities Manage ment Plan Zone 13 and mOre parti- Case File: GPAEX-~LCPA 88-1 cularly described as: zc Ea4
Agua Hedionda, Map 823 in the City CITY OF CARLSBAD
NOTICE IS HEREBY GIVEN 1161.
A portion of Lot H of Rancho Applicant: Carltas
of Carlsbad. CITY COUNCIL
1 I
hereinafter referred to; and that tb
which the annexed is a printed cop
published in each regular and entire
newspaper and not in any supplemet
the following dates, to-wit:
............. October. 26. ......
...............................
..............................
..............................
1 GPA/LU 88-2ILCPA 88-1/ZC 88-41 -1 CARLTAS
I I I
CJ #54: October 26, 1988
..............................
I certify under penalty of perjury that the foregc
correct. Executed at Carlsba ounty 0f San I
California on - The 2&F
day of _______ Oc t&r * 1 988- , ,* f ;I'
pqy. ,J,,q,//L I,; 2 i 1- I' < P:! 8
_____~.~~_____
Clerk
. ".
(?J OQ
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFOHNIA 92008
438-5621
REC'D FROM DATE"
ACCOUNT NO. 1 DESCRIPTION
I I
go i.
.$! J., ,::.-, 1,
~ kj ,, i ,~,
r.;*', j, .: ',I
^..:':,j+ >," <,; . :' "
*.>... r .- _- , . , .-.
.i. ,. ,
. . .. .,
~~ ~~ ~ I
RECEIPT NO. TOTAL 1
. CRRlTRS e c. '' J '"-7 0
compmu . .1
, .__. ;.,! ."..I .* '. ,,. :, I '. ,
. . ., .,, ,
"" 1 , , ... .. . . ,# I I "-"
!-i ~ ,.f,' . r 1 .T. - ,. . ,.' -*
*..)"!""? ('\; , s ' -, * -:. 3* 1%
I;! . . 1 . L .: . .'. ~ . . . , ,, L. - ..
:<I- 1 .... . ..
October 20, 1988
Attention: City Clerk City of Carlsbad Building, Planning, t Engineering Dept.
2075 Las Palmas Carlsbad, CA 92008
Re: GPA 88-2 SEO.
Gentlemen:
By this letter, we hereby appeal the action of the Plar Commission on October 19, 1988 denying the request for appr
Amendment 76 - 1B - Carltas' Carlsbad Ranch and requesi immediate hearing before the City Council.
of LCPA 88-1 (Mello 11) GPA/LU 88-2/ZC 88-4 Williamson Cont
CCC/ns City. lcc
4401 MANCHESTER; SUITE 206 e ENCINITAS, CALIFORNIA 92024 U.S.A
(619) 944-4090 FAX (6191 944-3619
0 NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will I a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, Califor!
at 6:OO p.m. on Tuesday, November 1, to consideran application for a Gen, Amendment, Land Use, Local Coastal P1 an Amendment, Zone Change, and Agricul tl
Preserve Contract Amendment 76-16 on property generally located north of Pal(
Airport Road, east of Paseo del Norte, in Local Faci 1 i ties Management P1 an ;
13 and more particularly described as:
A portion of Lot H of Rancho Agua Hedionda, Map 823 in the City #of
Carl sbad.
Those persons wishing to speak on this proposal are cordially invited to at,
the public hearing. If you have any questions, please call the Planning
at 438-1161.
If you challenge the General Plan Amendment, Land Use, Local Coastal ~ Amendment, Zone Change, or Agricultural Preserve Contract Amendment '76-lf court, you may be 1 imi ted to raising only those issues you or someone 1 raised at the public hearing described in this notice or in wri correspondence delivered to the City of Carl sbad at or prior to the pu
hearing .
CASE FILE: GPA/88-2/LCPA 88-1 ZC 88-4
APPLICANT: CARLTAS
PUBLISH: OCTOBER 21, 1988
CITY OF CARLSBAD CITY COUNCIL
GPA/LU 88-2/LCPA 88-1/ZC 88-4
e e e
& e
NOTICE IS HEREBY GIVEN that the City Council of the C-ity of tarlsbad wil
a publjc hearing at the Council Chambers, 1200 Elm Avenue, A tarlsbad, Cal If at 6:OO p.m, on Tuesday, November 1, to consider a Genera' Amendment, Land Use, Local Coastal Plan Amendment, Zone Change, and Agrlcu Preserve Contract Amendment 76-!6 on property generally located north of P Airport Road, east of Pasca del Norta, in Local Facllttles Management Pla 13 and more particularly descrf bed as:
A portion of Lot H of Rancho Agua Wedionda, Map 823 .in the City of Carl sbad.
Those persons wishlng to speak on this proposal are cordially Invited to the public hearing. If you have any questions, please call the =E#+=€+
If you challenge the General P1 an Amendment, Land Use, Local Coastal Amendment, Zone Change, or Agricultural Preserve Contract Amendment; 76- court, you may be 1 lml ted to raislng only those issues you or soineon4 raised at the public hearifig described in thls notice or tin WI correspondence del lvered to the City of Carl sbad at or prior to the I hear 1 ng .
- Y3r-llb 1, BCACIPJleJG
CASE FILE: GPA/W-P/LCPA 884 LC 88-4 APPLICANT: CARLTAS PUBLISH; OCTOBER 21, 1988
CITY OF CARLSBAD CITY COUNCIL
2
0 ‘0
PROPERTY OWNERS/TAX ASSESSORS PARCEL NUMBERS
Mr. Louis V. Jones
Toyota of Carlsbad
5424 Paseo Del Norte
Carlsbad, CA 92008
211-060-12-00
211-060-16-00
211-060-18-00
Mr. Robert E. and Marilyn J.Townsend
588 Camino Del Rio North
San Diego, CA 92108
211-060-17-00
Hoehn Associates
5454 Paseo Del Norte
Carlsbad, CA 92008
211-060-19-00
Mr. Vincent R. Dixon
5555 Paseo Del Norte
Carlsbad, CA 92008
211-060-07-00
Charles B. and Patricia A. Weseloh
1520 Hunsaker Street
Oceanside, CA 92054
211-060-10-00
Mr. James B. Finney, Jr.
440 Santa Helena
Solana Beach,. CA 92075
211-060-09-00
Archie Sillers Hoehn Motors, Inc.
5566 Paseo Del Norte
Carlsbad, CA 92008
211-060-06-00
City of Carlsbad
6050 Paseo Del Norte
Carlsbad, CA 92008
211-030-06-00
211-060-08-00
212-010-05-00
212-010-07-00
212-010-11-00
212-010-12-00
212-010-13-00
212-010-14-00
e e
.-
Ray R. Winter Trust Ruth H. Dealy
Duane A. Winter
12123 Candy Lane
Saratoga, CA 95070
211-060-13-00
Donald D. Sharp Trust
5850 Avenida Encinas
Carlsbad, CA 92008
211-060-14-00
211-060-15-00
Grupe Real Estate Investors
Stockton, CA 95207
P. 0. BOX 7576
211-071-01-00
211-071-02-00
211-071-03-00
211-071-04-00
211-071-05-00
211-071-06-00
211-071-07-00
211-072-06-00
211-072-07-00
ARO Partners
c/o Gregory D. Athens
P.O. Box 416
Oceanside, CA 92054
211-060-02-00
Palomar Land Group c/o James K. Stenderup
2299 Camino Del Rio South
San Diego, CA 92108
212-020-03-00
William T. and Agnes Miholich Trust
744 Marsolan Avenue
Solana Beach, CA 92075
212-020-22-00
Paul Ecke Sr. Trust
Paul and Magdalena Ecke Poinsettia Foundation P. 0. Box 607
Encinitas, CA 92024
211-021-23-00 211-021-24-00
211-021-22-00
a e
Atchison Topeka & Santa Fe Railroad
1 Santa Fe Plaza
5200 E. Sheila Street Los Angeles, CA 90040
211-030-02-00
Paul Ecke Sr. Trust
c/o Pea Soup Andersens
P. 0. Box W
Buellton, CA 93424
211-021-24-00
Paul and Magdalena Ecke Poinsettia Foundation
Carltas Company
4401 Manchester Avenue, Suite 206 Encintas, CA 92024
211-021-25-00
211-021-26-00
211-010-11-00
211-021-18-00
211-021-19-00
211-021-20-00
211-021-21-00
211-040-08-00 -
211-040-09-00
211-050-05-00 211-050-06-00
211-050-10-00
All-Coast Enterprises P. 0. Box 2211 Costa Mesa, CA 92626
211-030-01-00
San Diego Gas & Electric
101 Ash Street San Diego, CA 92101
211-010-19-00
211-010-20-00
211-010-23-00
211-010-24-00
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
211-021-04-00
Andrew and Christa M. McReynolds
2316 Calle Chiquita La Jolla, CA 92037
211-040-12-00
211-040-14-00
,+
0 e
Carlsbad Executive Company c/o Western Bankers Investment Corp
San Diego, CA 92126
8380 Miramar Road, #200
211-030-17-00
211-040-18-00
Sun Pacific Inc.
San Diego, CA 92106
P. 0. BOX 6189
211-040-20-00
Paul and Peggy Hadley Trust
4743 West Hoffer Street Banning, CA 92220
211-040-21-00
James M. and Dorothy M. Gaiser
3340 Ridgecrest Drive Carlsbad, CA 92008
211-050-04-00
State of California
6050 Paseo Del Norte Carlsbad, CA 92008
211-050-08-00
Cal-Mil Plastic Products, Inc.
6100 Paseo Del Norte Carlsbad, CA 92008
211-050-09-00
Howard and Ida B. Kirgis
8332 Pinotage Court San Jose, CA 95135
212-010-03-00
4101 Manchester Ave. , #206 aul br. Magualena hare
Yncinitas, CA 92024 I oinsettia Foundation Poinsettia Foundat i P.O. Box 607 c/o Pea Soup Ander
~ Encinitas, CA 92024 &igll?%,w CA 934
I(lli:
* 'r I UUI u(, 1rluguurLLlU li
I
Aro Partners (Ptnrsp) 1
c/o Gregory D. Athens
P.O. Box 416
Oceanside, CA 92054 ! ~ ,
,James €3. Flnney, Jr.
4-10 Santa Helena
Sol-ana Beach, CA 92075
i
~
1 , , i
I Ray R. Winter Trust I
Ruth H. Dealy I
Duane A. Winter I
121 23 Candy Lane I Saratoga, CA 95070
Hoehn Associates
5566 Paseo del Norte San Diego, CA 92008
Howard G. & Ida R. Kirgis
8332 Pinotage Court
San Jose, CA 95135
I I 1 I Costa Real hlunicipal Water
District
55950 El Camino Real
Carlsbad, CA 92008
I I 1 I
Andrew & Chri.sta hlcReynolds
2316 Calle Chiquita I
La Jolla, CA 92037
I !
1
Paul & Peggy Hadley Trust
4743 W. Hoffer St.
Banning, CA 92220
I
1 Vincent R, ~ixon
Archie Sillers 5555 Paseo del Nor
c/o Hoehn Motors Inc. 1 Carlsbad, CA 92C
5566 Paseo del Norte
Carlsbad, CA 92008 ~
Charles B. Jr. and
Patricia A. Weseloh
1520 Hunsaker St.
Oceanside, CA 92054
' Louis V. Jones I 5424 Paseo del Noj
Carlsbad , CA 921 I
Donald D. Sharp ' I Robert E. & Maril:
5850 Avenida Encinas
Carlsbad, CA 92008 1 no del Ri 1 San Diego, CA 9
i
San Diego Gas & Electric Co. , Grupe Real Estate
101 Ash Street 1 P.O. Box 75713
San Diego, CA 92101 I Stockton, CA 95
i
1 , i
I
Palomar Land Group Ltd. ~ Wil.liam T. & Agnf c/o James K. Stenderup
2299 Camino del Rio South 744 Marsolan Ave
San Diego, CA 92108 ~ Solana Beach, C1
I Trust
, I
All Coast Enterprises Inc. 1 I
P.O. Box 2211
Costa Mesa, CA 92626 j I i
I
Carlsbad Executive Company 1
I
c/o Wester Bankers Inv. Corp. ~
I
8380 Miramar Rd. f200
San Diego, CA 921 26 I I
James M. & Dorothy M. Gaiser !
3340 Ridgecrest .Dr.
Carlsbad, CA 92008
Atchison Topeka i
Fe Railroad
1 Santa Fe Plaza
5200 E. Sheila Si Los Angeles, CA 1
Sun Pacific Tnc.
P.O. Box 6189 San Diego, CA
State of Calif01
6050 Paseo Del Ih
Carlshad, Cf!. 920
I , Cal-Mil Plastic Products, Inc.' City of Carlsbad
6100 Paseo del Norte _I 1200 Elm Avenue Carlsbad, CA 92008 i Carlsbad, CA 92008 I
I 1 i I I
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RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1
City Clerk CITY OF CARLSBAD 1
1200 Elm Avenue 1 Carlsbad, CA 92008 1
i ,- 9 , f' i_ 7- :< 2. !- . i".& e. 1 t," ,. . l< . t ..I j-.".r ".- ,,, i . f * . .jti'.tirft 1 t,- LAzx:=- r_i
Space above this line Recorder'
Documentary transfer tax: $No f
w
Signature of declarant detemin tax-firm name City of Carlsbad
211-021-18,19,20,21, Parcel No. 211-010-11
~~~~
NOTICE OF APPROVAL OF REZONING AND CONSENT TO CONDITION
Please take notice that Carltas Company, a California 1
partnership, which owns the real property more particularly des
in Exhibit lvA'l, attached hereto, has obtained approval of its r
for rezoning of the property from the City of Carlsbad. Carlt
consented, as a part of this rezoning, to a condition in the
plan for development of the property described on Exhibit A as re
under the local Coastal Plan to a conveyance to the City of oper
and related usage of the property described on Exhibit B designa
11OS't in Ordinance No. NS-42 (the "Flower Fields") by open
easement, deed restriction or such other form as determined apprc
by the City Council. The City and Carltas agree that agricult
an appropriate use of the Flower Fields and the City will con
good faith with Carltas on the form of the conveyance in an eff
reach an agreement which will accommodate viable continued agricu
~. ’. .b-. 0 0 2189
i
use of the property in the context of the larger parcel descr:
Exhibit A. t
DATED: COMPANY, a Calj
1 i
A0602022 .mcc
1
1
STATE OF CALIFORNIA } ss.
COUNTY OF San Diego
On .T- 15. I 989 , before me, the undersign€
I Notary Public in and for said State, personally appeared -
Paul Ecke, Jr.
personally known to me (or proved to me on the basis satisfactory evidence) to be the person that executed the wi instrument as General partner(s), on behalf of
Carltas Company , the partners
therein named and acknowledged to me that the partner executed it.
WITNESS my hand and official seal.
Signature &&-
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ORDER NO. 937263-15 I
LEGAL DESCRIPTION - Carlsbad Ranch
I 4'
THE LAND REFERRED PO IN THIS REPORT Ig GITUATED IN TIE STATE OF. CALIFOmIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
a%*
PARCEL '1 : I,'
..
:
TIKC PORTION OF RANCHO AGUA HEDIONDA, IN TIIE CITY OF CARLSBAD, COUNTY
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY , NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF I,OI"I'"Hlr OF
RIGHT OF WAY GRANTED TO THE STATE OF ClALIFORNIA BY DEED RECORDED
AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF ClFFICIAL RECORDS BY DOCUMENT No. 46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LWJ! ItH" BEARING
SOUTIi 78'03' EAST 1149.32 FEET' (RECORD 1148.08) AND NORTII 72'2le3O11
OF' SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NP. 823, FILED1 IN
SAID MNCIIO AGUA IIEDIONDA WITH THE 'CENTER LINE OF THE 100.00 FOOT
EAST 2036.33 FEET (RECORD NORTH 72'24' EAST 2036.30 FEET) FROM COINER NO. 1 OF SAID RANCIIO AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP
.NO. 173 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DECEMBER ~16, 1913 ; THENCE SOUTHEASTERLY AWNG SAID CENTER LINE OF
RIGHT OF WAY 6664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS
SHOWN ON THE MAP OF SAXD 100.00 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI-
SD-2-B ON FILE IN THE OFFICE OF TIIE DISTIRICT STATE HIGHWAY ENGINEER,
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAIK
CENTER LINE OF RIGHT OF WAY HAVING A BEAIRING OF SOUTH 30'38'50" EAS'J
(ACCORDING TO SAID HIGHWAY MAP AND ACCOF!DING TO SAID BOOK 432, PAGE
60, THE BEARING IS REXORDED AS SOUTH .30'43'30" EAST) ; THENCE NORTI
59'21'10" EAST 1097 -36 FEET TO TIIE CENTER, LINE OF THE RIGHT 'OF WAY 01 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY ' COMPANY AS SAID RIGHT 01
OF DEEDS; THENCE ALONG SAID CENTER LINE C)F RAILWAY RIGHT OF WAY NORT
23'06' WEST 962.84 IFEET: THENCE LEAVING SAID CENTER LINE NORT
66'54 '10'' EAST 1770.00 FEET TO THE *MOST WESTERLY CORNER OF THAT LAN DESCRIBED IN PARCEL 2 OF DEED TO PAUL ECKE AND WIFE, RECORDED APRI
15, 1953' AS DOCUMENT NO. 51682 IN BOOK 4821, PAGE 209 OF. OFFICIA RECORDS, BEING THE TRUE POINT OF- BEGINNING; THENCE ALONG THE EASTER^
WAY IS DESCRIBED IN DEED RECORDED MARCH 3.01 1881 IN BOOK 38, PAGE 17'
AND NORTHEASTERLY LINE OF SAID LAND AS FOLLOWS:
SOUTH 85'28'16" EAST 770.00 FEET: SOUTH. 23'05'05" EAST 282.14 FEE'I SOUTH 85'28'16'' EAST 2802.96 FEET; AND SOUTH 23'05'05" EAST 325.7
FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEE
BOOK '2778 PAGE 348 OF OFFICIAL RECORDS1 THENCE ALONG SAID NORTHER1
LINE NORTII 80*.43 ' 25" EAST TO THE EASTERLY BOUNDARY OF THAT LAT DESCRIBED IN DEED TO SAN DIEGO COUNTY WA8TER COMPANY. RECORDED JUNE 1;
PAGE bel '
TO PAUL ECKE AND WIF:E RECORDED APRIL 29, 1948 AS FILE NO. 43669 1
Exhibit "A"
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.I ORDER NO. 937263-15
1940 AS FILE NO. 28815 IN BOOK 1035, PAGE 301 OF 0FF.ICIAL RECORDS1 THENCE ALONG SAID EASTERLY LINE SOUTH 0.32' EAS,T 4855.00 FEET MORE OE
. LINE THEREOF SOUTH 89*59' WEST TO A LINE WHICH BEARS SOUTH 23 '05'05'
EAST FROM THE TRUE POINT OF BEGINNING,' SAID LINE BEING THE SOUTHERL:
PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 2 OF ECKE LAND A.BOV1
DESCRIBED: THEN.CE NORTH 23'05'05" WEST ALONG SAID PROIBNGATION ANI
SAID WESTERLY LINE TO THE TRUE POINT'OF BEGINNING. I
LESS, TO THE SOUTHEASTERLY CORNER THEREOF: THENCE ALONG THE SOUTHERLI
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND :2 0
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDE,R 0
SAN DIEGO COUNTY, MAY 11, '1981 AS FILE NO. 81-145557 OF OFFXCIA RECORDS .
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF TI1
NORTHERLY BOUNDARY OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED 'J
PARCEL MAP NO. 11284, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
THE CITY OF CARLSBAD, FILED IN TIE OFFICE OF TIIE COUNTY RECORDER C
SAN DIEGO COUNTY, DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFF;[CIA
RECORDS . It ,
ALSO EXCEPTING THER,EFROM THAT PORTION LYING NORTHERLY OF TI;
FOLLOWXNG DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT 'IH" C
SAID RANCHO AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIG€
OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 3(
1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT NO. 46271
IN A PORTION OF SAID NORTHERLY BOUNDARY %OF IBT "H'I BEARING SOU:
78'03' EAST .1149.32 FEET (RECORD 1148.08 FEET) AND NORTH 72.21'31
EAST 2036.33 FEET (REXORD NORTH 72'24! -EAST 2036,.30 FEET) FROM CORN1
NO. (1) OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURVl
I . ..
MAP NO. 173, FILED I10 THE OFFICE OF THE COUNTY RECORDER OF SAN DIE(
COUNTY DECEMBER 16, 3.913; THENCE SOUTHEASTERLY ALONG SAID CENTER LI1
SHOWN ON THE MAP OF SAID 100 FOOT NIGHWAY RIGHT OF WAY OF ROAD XI-S
2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEE
CENTER !LINE OF RIGHT OF WAY HAVING A ,BEARING OF SOUTH 30*38'50" EA
(ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PA
60, THE. BEARING IS RECORDED AS SOUTH '30*43'30" EAST) t THENCE SOU
59 '21'10" WEST TO THE ORDINARY MEAN HIGH TIDE LINE OF THE PACIF
OCEAN AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NOR
CENTER LIN'E OF HI'GUWAY RIGHT OF WAY; THENCE CONTINUING NOF
59*21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT OF WAY THE ATCHISON TOPEKA AND SANTA. FE RAILWAY COMPANY AS SAID RIGHT OF 1
DEEDS; THENCE. ALONG SAID CENTER LINE OF RAILWAY .RIGHT OF WAY NO1
OF RIGHT OF WAY 6,6641.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 d
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SA
,59'21'10" EAST TO SAID ENGINEER'S STATION 334 PLUS 79.00 IN SA
IS DESCRIBED IN ..DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171
23 '06' WEST 962.84 FEET: THENCE LEAVING SAID CENTER LINE No1
PAGE '.:2
Exhibit "AI1
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ORDER NO'' 937263-15
66*54'10" EAST 1770 FEET; THENCE SOUTH 23'05'05" EAST 1485.87 FEET TO
THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 80'43'2511 EAST TO
THE EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED TO S;AN
DIEGO COUNTY WATER COMPANY IN BOOK 1035, PAGE 301 OF OFFIC]J&
RECORDS, SAID POINT BEING THE POIN'J! OF TERMINUS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS. FOLLOWS:
BEGINNING AT POINT 9 OF LOT IlFI' AS' SHOWN ON SAID PARTITION MAP NO.
SAID U)T rrH'l CONNECTING POINTS 13 OF SBT BIG" AND POINT 8 OF LQT IrIFll
AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 0*071281' EAST ALONG THE
SAID EASTERLY BOUNDARY COURSE OF SAID LOT tW1l 110.00 FEET TO THE TIRUE
POINT OF BEGINNING; TiIE'NCE CONTINUING NORTH 0*07'28'1 EAST ALONG SAID EASTERLY BOUNDARY COURSE 160.00 FEET! TIiENCE LEAVING SAID BOUNDARY COURSE NORTH 89'52'3218 WEST 120.00 FEET; THENCE SOUTH 00*07128" WEST
POINT OF BEGINNING,
* .e. '
823, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY COURSE OF
160*00 FEET; THENCE SOUTH. 89'52'32" EAST 120.00 FEET TO THE TRUE
.PARCEL 2 : ,
t'
THAT PORTION OF RANCHO'AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN
TIiE OFFICE OF THE COUNTY PCORDER OF SAID COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 72-3
ACCORDING TO MAP THEREOF NO. 7492 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG AN EXISTING PROPERTY
LINE SOUTti 22'29'22" EAST A DISTANCE OF 1,426.93 FEET TO THE POINT OF INTERSECTION OF SAID L:INE WITH THE NORTHERLY LINE OF THAT PUBLIC ROAC
EASEMENT GRANTED BY l?AUL ECKE AND MAGDALENA ECKE TO THE CITY OF
CARLSBAD BY INSTRUMENT RECORDED IN WE OFFICE OF F'HE RECORDER OF GAIL
SAN DIEGO COUNTY NOVEMBER 30, 1972, FILE PAGE 320457, BOOK 1972, SASS
POINT OF INTERSECTION BEING ON THE ARC OF A 643 FOOT RADIUS CIRCULA?
CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF SAID POINT BEARS NORTl
10'00'5711 EAST: THENCE WESTERLY AmNG SAID CURVE AND SAID NORTHERL'
FEET; THENCE CONTINUING ALONG SAID LXNE NORTH 84'38'18" WEST 1
DISTANCE 'O'F 239 -30 FEET TO THE BEGINNING OF 557 FOOT RADIUS TANGEN'
CIRCULAR CURVE CONCAVE EASTERLY; THENCE NORTHWESTERLY AND NORTHERL
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'08'18" FOR AN AR
DISTANCE OF 856.83 FEET; THENCE NORTH 3*30'0011 EAST A DISTANCE 0
CURVE CONCAVE WESTERLIY; THENCE NORTHERLY ALONG SAID CURVE THROUGH
NORTH 22.29'2211 WEST JA DISTANCE OF 4.38 FEET TO THE SOUTHERLY LINE C
SAID CARLSBAD TRACT 72-3; THENCE NORTH 67*30'38" EAST ALONG .SA1 SOUTHERLY LINE ,A DISTANCE OF 302.39 FEET TO THE POINT OF BEGINNING.
LINE THROUGH A CENTRAL, ANGLE OF 4'39 '15" FOR AN ARC DISTANCE OF 52 2:
296'12 FEET TO THE BEGINNING OF A 643' FOOT RADIUS TANGENT CIRCUm
CENTRAL ANGLE OF 25'5!3'22" FOR AN ARC DISTANCE OF 291.67 FEET; THENC
PAGE , !'3
Exhibit "A1'
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PARCEL 3:
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ORDER NO. 937263-15
..
ALL THAI' PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN
THE COUNTY OF SAN DIEGO, STATE OF. CALIFORNIA, ACCORDING TO PARTITIOf;
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER 01
SAN' DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTIOf. THEREOF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDEt
JUNE i7, 1940 IN BOOK 1035, PAGE 301 'OF OFFICIAL RECORDS BY DOCUMEN:
NO. 28815, BOUNDED AND DESCRIBED AS FOLIBWS:
BEGINNING AT THE. POINT OF INTERSECTION OF A LINE WHICH IS PARA,LLE:
SOUTHERLY LINE OF BLOCK "VI' OF PALISADES NO. 2, ACCORDING TO MA
TI(EFIEOF NO. 1803 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA
DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE AN '1;"s WESTERLY PROLONGATION THEREOF IS. RECORDED AS NORTH 72'25' EAST 0
SAID MAP OF PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT 0
WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SA1
RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT 0
BEGINNING BEING ALSO THE MOST ,NORTHERLY CORNER. OF THE LAND DESCRIBE IN THE DEED FROM W. D. CANNON, ET AL, TO THE SAN DIEGO GAS AN
ELECTRIC COMPANY , A CORPORATION, RECORDED OCTOBER 8 , 1948, IN BOC
WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SAN'I FE RAILWAY COMPANY , A DISTANCE OF 2755.18 FEET: THENCE PARALLEL WI'J
A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND BEREINAFTE
DESCRIBED NORTH 66'54 '10" EAST 50 FEET TO THE CE,NTER LINE OF SA1
RAILWAY RIGHT OF WAY; .THENCE ALONG SAID CENTER LINE SOUTH 23 'O(
EAST, 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAT DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER q
JACOBSEN, ET AL, RECORDED APRIL 29, 19-48, AS FILE NO. 43667 IN BO(
2778, PAGE 341 OF . OFFICIAL RECORDS: THENCE ALONG SAID SOUTHER1
BOUNDARY OF SAID LAND SO DESCRIBED, NORTH 66'54'10" EAST, 1770 FEI
TO A SECOND ANGLE POINT IN SAID BOUNDARY AND THE TRUE POINT (
BEGINNING OF THE PROPERTY HEREIN DESCRIBED SAID TRUE POINT (
CANNON TO SAN DIEGO GAS. AND ELECTRIC COMPANY RECORDED IN BOOK 472
PAGE 350 OF OFFICIAL RECORDS: THENCE FROM SAID TRUE POINT 1
BEGINNIN,G, ALONG A PORTION OF THE SOUTHWESTERLY BOUNDARY OF THE AB0
DESCRIBED JACOBSEN * LAND SOUTH. 23'05'05'' EAST 1485.87 FEET, TO A THI
ANGLE POINT IN THE BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN LAN
THENCE NORTH 80'43125tl EAST ALONG THE SOUTHERLY BOUNDARY OF THE SA
JACOBSEN LAND 3260.20 FEET: THENCE LEAVING SAID SOUTHERLY BOUNDA NORTH 23*05'051' WEST A DISTANCE OF 325.77 FEET: THENCE NOR
85.28'16" WEST A DISTANCE OF 2802.96 FEET: PHENCE NORTH 23'051a
WEST A DISTANCE OF 282.14 FEET; THENCE NORTH 85'28'1611 WEST
WITH AND DISTANT' 2000 FEET AT RIGHT 'ANGLES SOUTHERLY FROM TII
2974, PAGE 493 OF OFFICIAL RECORDS: THENCE SOUTHERLY ALONG SA3
BEGINNING BEING ALSO DESIGNATED AS POINT "A" IN A DEED FROM W. ~
DISTANCE OF' 770 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT )I OF SAID MAP. NO. 823 DESCRIBED
FOLWWS :
PAGE 24
Exhibit "A"
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ORDER NO. 937263-15
ZOMMENCINC AT THE CORNER COMMON TO LOTS 'IF", ."H1', AND "1" OF SAID . SANCHO AGUA HEDIONDA, ACCORDING TO SAID MAP 'NO. 823; THENCE SOUTI1
WESTERLY BOUNDARY OF THE LAND, DESCRIBED IN DEED TO SAN DIEGO GAS AND
ELECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS TORRENS AS FILE NO.
30674, .]SN TIE OFFICE OF THE REGISTRAR OF LAND TITLES, FOR SAN DIEGO
COUNTY,: A DISTANCE OF 1318.39 ,FEET; ' THENCE NORTH 89"28'001' EAST,
ALONG' THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC
COMPANY'S LAND, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8, OF SAID
LOT "F", OF MAP NO. 823; THENCE SOUTH 0'32'00" EAST, AINNG THE COMMON
BOUNDARY LINE OF LOTS "F" AND "Ha', BEING 'THE EASTERLY LINE OF SAID
SAN DIEGO GAS AND ELECTRIC COI4PANY'S LAND, DESCRIBED IN BOOK 4456,
PAGE 49, A DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY
CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX,
TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO.
80.43'25'' WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO
GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, PAGE 49, A
DISTANCE OF 321.54 FEET TO A 'POINT IN SAID SOUTHERLY BOUNDARY LINE
SAID POINT BEIEJG TIE TRUE POINT OF BEGINNING OF THE WD HEREIN
DESCRIBED IN PARCEL 1; THENCE FROM SAID TRUE POINT OF BEGINNING,
CONTINUING SOUTIJ 00'43'251v WEST, ALDNG TIIE SOUTHERLY LINE OF SAID SAN
DIEGO CAS AND ELECTRIC COhPANY 'S LAND, A DISTANCE OF 1451.85 FEET TO
AN ANGLE POINT IN SAID SAN DIEGO GAS .AND ELECTRIC COMPANY'S BOUNDARY LINE; THENCE NORTH 23'05'05" WEST, ALONG SAID SAN DIEGO GAS AND
ELECTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 325.77 FEET TO AN
ANGLE POINT THEREIN, SAID ANGLE POINT BEING HEREINAFTER KNOWN AND
DESIGNATED AS POINT "A" THENCE FROM SAID POINT "A", SOUTH' 85'28'16"
EAST, A DISTANCE OF 1083.64 FEET.TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTIIERLY, HAVING A RADIUS OF 2000.00 FEET: THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, TIIROUGH A CENTRAL ANGLE OF 13 '48'19" A
0'34 ' 51" EAST AmNG THE WESTERLY. LINE OF LOT llF'l, BEING ALSO, THE
43667, IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; TIIENCE SOUTH
DISTANCE OF 481.89 FEET TO THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH THAT PORTION OF SAID KlT H DESCRIBED AS FOLKIWS:
COMMENCING AT AN ANGLE! POINT IN THE BOUNDARY LINE OF SAID SAN DIEGO
GAS AND ELECTRIC COMPANY 'S LAND DESCRIBED ABOVE AS POINT ''A": THENCE
LINE OF SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE 01
1074.05 FEET TO A POINT IN SAID -BOUNDARY LINE, SAID POINT BEING THI
TRUE POINT OF BEGINNING OF TIIE PARCEL OF LAND HEREIN DESCRIBED I1
PARCEL 2: THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 2
CONTINUING NORTH 85'28a16tn WEST ALONG SAID SAN DIEGO GAS AND ELECTRI(
COMPANY'S BOUNDARY LINE, A DISTANCE OF 1755.91 FEET TO AN ANGLE POIN' IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE; THENC
NORTH 23'05'05" WEST AmNG SAID SAN DXEGO GAS AND ELECTRIC COMPANY'
BOUNDARY LINE, A DISTANCE OF 216.63 FEET; TIIENCE LEAVING SAID SA
DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, SOUTH 79'05'5O11 EAST
A DISTANCE OF 1617.28 FEET TO THE BEGINNING OF A TANGENT CURV
FROM AID ' POINT ll~ll, NORTH 85'2811611 WEST ALONG THE SAID BOUNDARY
PAGE :rt5
Exhibit "A"
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,' ORDER NO, 93726345
CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY
ALONG TIIE ARC OF SAID CURVE, TfiROUGH A CONTROL ANGLE OF 6.22 t 26" Ir A
DISTANCE OF 222.49 FEET TO THE TRUE POINT OF BEGINNING. . .. ..
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO, LOTS- IIF" "HI1 AND ''Ill OF SAID
MNCIIO' AGUA IIEDIONDA, ACCORDING TO SAID MAP NO. 823; THENCE SOUTH
0'34'51'' EAST, ALONG TI1E WESTERLY LINE OF SAID LOT ''F'I, DESCRIBED IN
DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 5055,
PAGE 447 OF SAID OFFICIAL RECORDS, A DISTANCE OF 1318.39 FEET; THENCE
NORTH 89'28'00" EAST, ALONG THE SOUTHERLY' BOUNDARY LINE OF SAID SAN
DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK.5055 AT PAGE
447, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8 OF SAID LX)T "F" OF MAP 823; THENCE SOUTH 0'32'00" EAST, ALONG TlIE COMMON BOUNDARY LINE
I
OF WTS "F" AND lIH"r BEING THE EASTERLY LINE OF SAID SAN DIEGO GAS
AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49, A
DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF
THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE ET UX, TO GROVER
C. JACOBSEN ET AL, RECORDED P;PRIL 29, 1948 AS FILE NO. 43667 IN BOOY
2778, PAGE 341 OF OFFICIAL RECORDS: THENCE SOUTH 80*43125vt WEST ALONG
THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAN1
.DESCRIBED IN BOOK 4456 PAGE 49, A DISTANCE OF 1773.39 FEET TO Al
ANGLE POINT THEREIN: THkNCE NORTH 23'05105v' WEST, ALONG SAID SAT
DIEGO GAS AND ELECTRIC COMPANY'S LINE, A DISTANCE OF 325.77 FEET TC AN N3GLE POINT THEREIN: THENCE NORTH 85'28'16'' WEST, ALONG SAII
BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, 1
DISTANCE OF 2802.96 FEET TO AN ANGLE POINT THEREIN; THENCE NORTI
23'05'05" WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS ANI
ELECTRIC COMPANY'S LAND, A DISTANCE OF 216.63 FEET TO A POINT IN SAII
SAN DIEGO GAS AND ELECTRIC COMPANY'S. BOUNDARY LINE, WHICH SAID POIN:
IS THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT 01
BEGINNING NORTH 79'05'50" WEST, A DISTANCE OJ? 449.94 FEET TO TH:
BEGINNING, OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS 0
1000 00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY AWN
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF- 34'0O1OO'',
DISTANCE OF 593.41 FEET TO A POINT OF'CUSP, SAID POINT OF CUSP BEIN
THE INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF THAT CERTAI
PORTION: 'OF SAID LOT "H" * DESCRIBED I,N DEED TO SAN DIEGO GAS IVI
ELECTRIC COMPANY RECORDED JANUARY 21, 1953 IN BOOK 4722, , PAGE 350 'C
SAID OFFICIAL RECORDS AS FILE NO. 9010; THENCE FROM SAID POINT C
CUSP NORTH 66'54 '10" EAST ALQNG SAID SOUTHEASTERLY BOUNDARY LINE (
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 472;
PAGE 350, A DISTANCE. OF 250.00 FEET TO A POINT OF INTERSECTION VI1
THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTR:
COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49; THENCE SOU'
85*28'16" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE 4 770.00 FEET To AN ANGLE POINT THEREIN: THENCE CONTINUING ALONG SA:
BOUNDARY LINE OF' SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SOU'
PAGE LI: 6
Exhibit "A 'I
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4' s. ORDER' NO. 9372630.15
23W5'05'' EAST, A DISTANCE OF 65.51 FEET TO THE TRUE POINT OF BEGINNING. P i .* '
. 'r, S'. ' Excep'ting from said Parcels 1, 2, and 3 above all that portion of 'Gal
County of San Diego, State of California according to map thereof
No. 12242 recorded in office of County Recorder of San Diego County October 28, 1988..
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Exhibit "A' '
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LEGAL DESCRIPTION - OPEN SPACE.
THAT PORTION OF LOT H OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF
ON'+~LE WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CAL'
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF CARLSBAI) TRACT NO. 72-3,
7492 RECORDED IN THE OFFICE OF SAID COUNTY RECORDER;'' THENCE AL
PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 9, NORTH 67"30'37" EAST
NORTH 67'30'38" EAST), 747.46 FEET; THENCE SOUTH iZ"29'22" EAST, 347.37
THE TRUE POIN1 OF BEGINNING; THENCE CONTINUING SOUTH 22'29'22'' EAST, 2318
TO 'THE NORTHERLY SIDEhI'NE OF PALOMAR AIRPORT ROAD (RS-1534) i THENCE Al
SIDELINE SOUTH 87"50'22" EAST; 981.04 FEET TO THE 'WESTERLY SIDELINE OF
STREET, SAID POINT ALSO BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE
NORTHWESTERLY, THENCE ALONG SAID WESTERLY SIDELINE AND NORTHEASTERLY A
ARC OF SAID CURVE 31,42 FEET THROUGH A- CENTRAL ANGLE OF 9O"OO'OO"; THEN
2"09'38" EAST, 80.00 FEET TO THE BEGINNING OF A 535.60 FOOT RADIUS CURVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 335
1 I
4
THROUGH A CENTRAL ANGlE OF 35"55'37" TO THE BEGINNING OF A 465.00 FDO
{ REVERSE CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY AND NORTH
.! ALONG THE ARC OF SAID CURVE 475.44 FEET THROUGH A CENTRAL ANGLE OF $1
1 THENCE LEAVING SAID WESTERLY SIDELINE OF SAID FUTURE STREET TtiE F ii
c! COURSES :
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Exhibit rrgll
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1. SOUTH 69"30'19" WEST, 198.32 FEET;
2. SOUTH 54"35f25H WEST, 605.96 FEET;
3, NORTH 30'07'21" WEST, 90.76 FEET;
4. NORTH 27'36'16" WEST, 252.88 FEET;
5. NORTH 30°27f28" WEST, 420.02 FEET;
6.*:;;;!. NORTH 27"00'30" WEST, 383.64 FEET;
7, 'NORTH 17'54'38" WEST, 221 716 FEET;
8. NORTH 22"29'22" WEST, 780.90 FEET;
THENCE SOUTH 67030f 38" WEST, 516,54 FEET TO THE TRUE POINT OF 8EGINNJNG
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Exhibit llgll
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RECORDING REQUESTED BY
WHEN RECORDED,
MAIL THIS INSTRUMENT TO:
760
CITY CLERK City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008-1989
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APN: 211-021-18, 19, 27, 28, 29; 211-010-25; 900-000-08, 09
""""""A""." SPACE ABOVE FOR RECORDER'S USE ----------*----
NOTICE OF NON-RENEWAL
Agricultural Preserve 7
NOTICE IS HER%BY GIVEN:
WHEREAS, the undersigned Carltas Companv. a California :timi
Partnership is the owner of that certain real property describec
the attached Exhibit I'A,'' a portion of which is subject to t
certain Land Conservation Contract No. 76-1 recorded March 1976 , Document No. 059758, in the Office of the County Recor
of San Diego County, and
WHEREAS, said owner desires a non-renewal of said Contract to all properties subject to said Contract.
NOW, THEREFORE, said owner does hereby declare its intent
to renew said Contract No. 76-1 , effective January 1, 1992
to all properties subject to said Contract. CARLTAS CO PANY, a California :Limi Partners& /
By !
-
- -~/ ; .;; ~:; " .:
pt~l~cke, Jr., Genkal Part Gj2s7/ ,_.- .L ..
1
.I .. __ .. , .~ cAT. No. NNOO~~~ 1 **
TO '"' CA (9-84) 7 Ihmcrship) ._
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3' ..I -- ., .. -.. .. sTA'rIs OF CALI~? I<~~~ 76 1 rr .-
cOUN7'1.o~ 1" &,-' dr'con TITLE lNSURANc& 7-t On J( . <-I .%;< -L-.c 3" cL.-c., 4.5 =*
said State, I /79/ ,;'' F:r:O"n n
Personally appeared - {,: - ,x,c F,-A , ~ - before me, the Undersigned
' a Notary Public in and for ./ le o,l- 7 Personally known to me or
3" *,- , ,. i.. ---who Cxecuted th
e within instrument as ro tpr:f In' thLlt Such 0 JJJ "I,? partnershi In '11. 'nStrument, Pwncrs and of th a :g"r;;;;;;
wrTNEss my halld arid off;cial P e"cuted seal. the same.
aS1S of satisfactory evidence to be -4 i. . ' signature Y ..,? ) R \(., 4- "I t. ?',A ,) ,
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From [be desk oj
LEE RAUTENKRANZ
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March 28, 1989
TO : Community Development Director
FROM : City Attorney
CARLTAS FLOWER FIELDS OPEN SPACE EASEMENT
Attached is a memorandum from the City Clerk dated March 27, 1 which has caused me a great concern. Apparently, the recordat of an open space easement over the Itflower fieldstt which Council made an express condition of Carltasl recent approvals not been accomplished. It was my understanding that Carltas to execute a grant deed transferring to the City an open sp easement over the flower fields. The preparation of the necess
legal description should be the responsibility of the develo with its accuracy being verified by our Engineering Departme The notice which has been prepared in an attempt to satisfy t requirement is not adequate. We shouldnIt be allowing additio building permits on the property until this problem has b
solved.
\ VINCENT F. BIONDO, JR.
City Attorney
rmh
c: Planning Director Assistant City Attorney (with attachments)
City Clerk
March 27, 1989
TO : Assistant City Attorney
FROM: City Clerk
CAFUTAS - RECORDATION OF NOTICE OF CONDITIONS
On November I, 1988, the City Council approved the Carltas' Car1sba.d
Ranch, project numbers LCPA 88-1/GPA/LU 88-2/ZC 88-4/Williamson Contrac
Amendment 76-1B. As a condition of approval, a document (copy atta.ched
titled "Notice of Approval of Rezoning and Consent to Condition" was to
be recorded.
To date, my numerous attempts to get the attached document recorded
have been unsuccessful. I finally got the document signed, but the
block in the upper right-hand corner is still not completed. I asked
for a list of APN's, and was then told the legal description may not be
correct. Since then, I've been trying to get an accurate legal descrip
tion.
I give up! My efforts in clearing up this matter are to no avail.
Therefore, I am filing the original document unrecorded.
I apologize for not being able to record the document, but it was beyor
my realm of control.
Please call me if you have any questions, and thanks for your past
efforts to assist with this matter.
dL-L LEE RAUTENKFUNZ +
City Clerk
LR: kk
At tach.
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD 1
1200 Elm Avenue 1 Carlsbad, CA 92008 )
1
Space above this line Recorder f s UI
Documentary transfer tax: $No fe(
Signature of declarant determini tax-firm name City of Carlsbetd
Parcel No.
NOTICE OF APPROVAL OF
REZONING AND CONSENT TO CONDITION
Please take notice that Carltas Company, a Califor
limited partnership, which owns the real property more particula
described in Exhibit "AI', attached hereto, has consented tc
condition to the approval of the master plan for development of
property described in Exhibit A as required under the local coas
plan to convey to the City by deed restriction, open SF
easement, or such other form, as is determined appropriate by
City and Carltas, open space and related usage of the portior
the real property described on Exhibit B.
DATED: /;h,/bB CARLTAS COMPANY, a California
i/
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ): ss
On this L?? day of - ', 1988, before me, 1
undersigned notary public in and for the above county and stal y cmned and sworn, personally appeal
provided to'me on the basis of satisfactory evidence, to be 1 same person(s) described in an whose name is subscribed to tl
instrument, and acknowledged to me that he/she/they executed 1
d
, personally known to me,
game. I. .. . ' .- , ->. . ?-* + .> il ., h.7 ***4 9 , . ~ "r . ?.-- . . ( i *& <CAI
i;\ r4ar;i.i L. Sain;o5
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SAN L31b',:r~ ! '>*!'+T'r /79du - . .x lei] - a :x;?:, -, .+ I : i .. i; I .;:i I , -E+*. :y>,: : No<?&*C
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ORDER NO. 937263-15
LEGAL DESCRIPTION - Carlsbad Ranch
I
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF.
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: . ,.' s. '
PARCEL '1 : I, !
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, CWNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP Nf3- 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT '%I1 OF
SAID RANCHO AGUA HEDIONDA WITH THE 'CENTER LINE OF THE 100.00 FOOT
RIGHT OF WAY GRANTED TO TIIE STATE OF CALIFORNIA BY DEED RECORDEL
AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUI.IEN'I
NO. 46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT 'IH" BEARING
SOUTH 78'03' EAST 1149.32 FEET' (RECORD 1148.08) AND NORTH 72'21'30'
EAST 2036.33 FEET (RECORD NORTH 72'24' EAST 2036.30 FEET) FROM COlRNEl
NO. 1 OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MA]
,NO. 173 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
RIGHT OF WAY 6664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 A!
SHOWN ON THE MAP OF SAID 100.00 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI4
DECEMBER -16, 1913; THENCE SOUTHEASTER,LY ALONG SAID CENTER LINE 01
SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAII CENTER LINE OF RIGHT OF WAY HAVING A BEARING OF SOUTH 30'38'501t EAS
(ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PAG
59'21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT'OF WAY C
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT C
WAY IS DESCRIBED IN DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 17
OF DEEDS; THENCE ALONG SAID CENTER LINE OF RAILWAY RIGHT OF WAY NOR1
23'06' WEST 962.84 FEET; THENCE LEAVING SAID CENTER LINE NOR7
66'54 I 10" EAST 1770.00 FEET TO THE .MOST WESTERLY CORNER OF THAT LM
DESCRIBED IN PARCEL 2 OF DEED TO PAUL ECRE AND WIFE, RECORDED APR:
15, 1953 'AS DOCUMENT NO. 51682 IN BOOK 4821, PAGE 209 OF OFFICI,
AND NORTHEASTERLY LINE OF SAID LAND AS FOLLOWS:
SOUTH 85'28'16'l EAST 770.00 FEET; SOUTH 23'05'05'' EAST 282.14 FEE
FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DE
BOOK '2778 PAGE 348 OF OFFICIAL RECORDS: THENCE ALONG SAID NORTHEF LINE NORTH 80'.43 '25" EAST TO THE EASTERLY BOUNDARY OF THAT LF
DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY. RECORDED JUNE ]
60, THE BEARING IS RECORDED AS SOUTH - 30'43'30'' EAST) ; THENCE MORT
RECORDS, BEING THE TRUE POINT OF- BEGINNING; THENCE ALONG THE EASTER
SOUTH 85'28'16" EAST 2802.96 FEET; AND SOUTH 23'05'05" EAST 325.
TO PAUL ECKE AND WIFE RECORDED APRIL 29, 1948 AS FILE NO. 43669
PAGE ~$1 *
Exhibit "Aff
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L. * '. :. . '. *
ORDER NO. 937263-15
1940 AS FILE NO. 28815 IN BOOK 1035, PAGE 301 OF 0FF.ICIAL RECORDS;
THENCE ALONG SAID EASTERLY LINE SOUTH 0'32' EAsT 4855.00 FEET MORE OR
LESS, TO THE SOUTHEASTERLY CORNER THEREOF: THENCE ALONG THE SOUTHERLY
LINE THEREOF SOUTH 89'59' WEST TO A LINE WHICH BEARS SOUTH 23'05'05'' EAST FROM THE TRUE POINT OF BEGINNING, SAID LINE BEING THE SOUTHERLI
PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 2 OF ECKE LAND ABOVl
DESCRSBED; THEN.CE NORTH 23'05 '05" WEST ALONG SAID PROLONGATION ANI
SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND :2 0
PARCEL MAP NO. 11284, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDElR 0
SAN DIEGO COUNTY, MAY 11, '1981 AS FILE NO. 81-145557 OF OFFICIA
RECORDS .
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF TH
NORTHERLY BOUNDARY OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED 'I
THE CITY OF CARLSBAD, FILED IN THE OFFICE OF THE COUNTY RECORDER (
SAN DIEGO COUNTY, DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICII
RECORDS . I'
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF TI
FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT "HI1
SAID RANCHO AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIG
OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 3
1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT NO. 4627 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT I'H'' BEARING SOU
7e-w EAST ,1149.32 FEET (RECORD 114a.oe FEET) AND NORTH 7202113
EAST 2036.33 FEET (RECORD NORTH 72-24! EAST 2036,.30 FEET) FROM CORN
NO. (1) OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURY
MAP NO. 173, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DII
COUNTY DECEMBER 16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER L:
OF RIGHT OF WAY 6,664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00
SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF' ROAD XI-:
2-8 ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINE1
CENTER !LINE OF RIGHT OF WAY HAVING A ,BEARING OF SOUTH 30'38 '50'' E,
(ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, P.
60, THE. BEARING IS RECORDED AS SOUTH '30'43 '30" EAST) ; THENCE SO
59'21' 10" WEST TO THE ORDINARY MEAN HIGH TIDE LINE OF THE PAC1
OCEAN AND THE TRUE POINT OF BEGINNING: THENCE RETRACING NC
.59'21'10'' EAST TO SAID ENGINEER'S STATION 334 PLUS 79.00 IN S CENTER LINE OF HIGHWAY RIGHT OF WAY; THENCE CONTINUING NC
59'21'10'' EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT OF WA\
THE ATCHISON TOPEKA AND SANTA. FE RAILWAY COMPANY AS SAID RIGHT OF
SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF s;
IS DESCRIBED IN.*DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 177 DEEDS t THENCE' AWNG SAID CENTER LINE OF RAILWAY ,RIGHT OF WAY NI
23'06' WEST 962.84 FEET; THENCE LEAVING SAID CENTER LINE NI
PAGE .12
Exhibit "A"
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I ..' ... . .. .. ,r .. 39" ',,, ,::... . , :*.
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ORDER NO. 937263-15
66°5411081 EAST 1770 FEET: THENCE SOUTH 23'0510511 EAST 1485.87 FEET TO
THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 80'4312511 EAST TO
THE EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED TO SAN
DIEGO COUNTY WATER COMPANY IN BOOK 1035, PAGE 301 OF OFFICIAL
RECORDS, SAID POINT BEING THE POIN'I' OF TERMINUS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 9 OF LOT trF1l AS' SHOWN ON SAID PARTITION MAP NO.
823, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY COURSE OF
SAID U)T 'IH" CONNECTING POINTS 13 OF WT "G'I AND POINT 8 OF LOT "F"
AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 0'07'28" EAST ALONG ITHE
SAID EASTERLY BOUNDARY COURSE OF SAID LOT' VfHI' 110.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 0'07 '281' EAST ALX)NG SAID
COURSE NORTH 89'52132t1 WEST 120.00 FEET; THENCE SOUTH 00'07'28" WEST
160.00 FEET: THENCE SOUTH 89'52'321' EAST 120.00 FEET TO THE TRUE
POINT OF BEGINNING.
* .?
EASTERLY BOUNDARY COURSE 160.00 FEET; THENCE LEAVING SAID BOUNDtARY
, PARCEL 2 :,
I'
THAT PORTION OF RANCHO.AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLQWS :
BEGINNING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 72":
ACCORDING TO MAP THEREOF NO, 7492 FILED IN THE OFFICE OF THE COUNT1 RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALQNG AN EXISTING PROPERT?
LINE SOUTH 22'29'22" EAST A DISTANCE OF 1,426.93 FEET TO THE POINT 01
INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF THAT PUBLIC ROAl
EASEMENT GRANTED BY PAUL ECKE AND MAGDALENA ECKE TO THE CITY 0:
CARLSBAD BY INSTRUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAI'
SAN DIEGO COUNTY NOVEMBER 30, 1972, FILE PAGE 320457, BOOK 1972, SA1
POINT OF INTERSECTION BEING ON THE ARC OF A 643 FOOT RADIUS CIRCULA
CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF SAID POINT BEARS NOR7
10'00'5711 EAST; THENCE WESTERLY ALDNG SAID CURVE AND SAID NORTHER1
LINE THROUGH A CENTRAL ANGLE OF 4 '39 '15" FOR AN ARC DISTANCE OF 52.2
DISTANCE 'OF 239.30 FEET TO THE BEGINNING OF 557 FOOT RADIUS TANGEF
CIRCULAR CURVE CONCAVE EASTERLY; THENCE NORTHWESTERLY ANb NORTHER7
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'08'18" FOR AN AI
DISTANCE OF 856.83 FEET; THENCE NORTH 3'301001t EAST A DISTANCE (
CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALDNG SAID CURVE THROUGH
CENTRAL ANGLE OF 25.59'22" FOR AN ARC DISTANCE! OF 291.67 FEET; THEN NORTH 22*29'22'1 WEST A DISTANCE OF 4.38 FEET TO THE SOUTHERLY LINE 1
SAID CARLSBAD TRACT 72-3; THENCE NORTH 67'30'38" EAST AXING SA SOUTHERLY LINE A DISTANCE OF 302.39 FEET TO THE POINT OF BEGINNING.
'# FEET; THENCE CONTINUING ALONG SAID LINE NORTH 84'38'18" WEST
296.12 FEET TO THE BEGINNING OF A 643 FOOT RADIUS TANGENT CIRCUL
PAGE :'3
Exhibit "A"
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P' L. R J
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ORDER NO. 937263-15
PARCEL 3:
ALL THAT PORTION OF RANCHO AGUA HEbIONJbA, zfl THE CITY OF CmUBAD, IN
THE COUNTY OF SAN DIEGO, STATE OF. CALIFORNIA, ACCORDING TO PARTI'I'IOK MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OE
SAN DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTIOb
THEREOF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDEI
JUNE i7, 1940 IN BOOK 1035, PAGE 301 OF OFFICIAL RECORDS BY DOCUMEN?
NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE. POINT OF INTERSECTION OF A LINE WHICH IS PARALLE'
WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM TH
SOUTHERLY LINE OF BLOCK "V1@ OF PALISADES NO. 2, ACCORDING TO MA
THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF' SA
DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE AN
ITS WESTERLY PROLONGATION THEREOF IS. RECORDED AS NORTH 72' 25' EAST 0
SAID MAP OF PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT 0
WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SA1
RIGHT OF WAY WAC ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT C BEGINNING BEING ALSO THE MOST 'NORTHERLY CORNER. OF THE UUJD DESCRIBF
IN THE DEED FROM W. D. CANNON, ET AL, TO THE SAN DIEGO GAS AT
ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 8, 1948, IN BO(
2974, PAGE 493 OF OFFICIAL RECORDS; THENCE SOUTHERLY AWNG SA:
WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SAN!
FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WI!
A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFT;
DESCRIBED NORTH 66'54 ' 10'l EAST 50 FEET TO THE CE,NTER LINE OF SA'
EAST, 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LA
DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER
JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 43667 IN BO
2778, PAGE 341 OF . OFFICIAL RECORDS; THENCE ALONG SAID SOUTHER
BOUNDARY OF SAID LAND SO DESCRIBED, NORTH 66*54'10" EAST, 1770 FI
TO A SECOND ANGLE POINT IN SAID BOUNDARY AND THE TRUE POINT
BEGINNING OF THE PROPERTY HEREIN DESCRIBED SAID TRUE POINT
BEGINNING BEING ALSO DESIGNATED AS POINT "A" IN A DEED FROM W.
RAILWAY RIGHT OF WAY; .THENCE ALONG SAID CENTER LINE SOUTH 23'0
CANNON To sm DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 47: PAGE 350 OF OFFICIAL RECORDS; THENCE FROM SAID TRUE POINT
BEGINNING ALONG A PORTION OF THE SOUTHWESTERLY BOUNDARY OF THE AB(
DESCRIBED JACOBSEN,LAND SOUTH 23'05105" EAST 1485.87 FEET TO A TH:
ANGLE POINT IN THE BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN LAI
THENCE NORTH 80'4312511 EAST ALONG THE SOUTHERLY BOUNDARY OF THE 5,
JACOBSEN LAND 3260.20 FEET; THENCE LEAVING SAID SOUTHERLY BOUND.
NORTH 23'05'05" WEST A DISTANCE OF 325.77 FEET; THENCE NO
85'28'1fj1@ WEST A DISTANCE OF 2802.96 FEET; THENCE NORTH 23'05'
WEST A DISTANCE OF 282.14 FEET; THENCE NORTH 85'281161t WEST DISTANCE OF 770 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT II OF SAID MAP. NO. 823 DESCRIBE1
FOLLOWS :
PAGE ;4
Exhibit "A"
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ORDER NO, 9372630.15
COMMENCING 'AT THE CORNER COMMON TO LOTS 'IF11 't1l1', AND t'I'' OF SAID
RANCHO AGUA HEDIONDA, ACCORDING TO SAID MAP 'NO. 823; THENCE SOUTH
0'34'51" EAST ALONG THE WESTERLY. LINE OF LX)T 'IF'I, BEING ALSO, THE
WESTERLY BOUNDARY OF THE LAND, DESCRIBED IN DEED TO SAN DIEGO GAS AND
ELECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS TORRENS AS FILE ]NO.
COUNTY,: A DISTANCE OF 1318.39 ,FEETI THENCE NORTH 89"28'001' EAST,
ALONG' THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC
COMPANY'S LAND, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8, OF SAID LOT 'IF@', OF MAP NO. 823; THENCE SOUTH 0*32'0018 EAST, ALONG THE COMMON
BOUNDARY LINE OF LOTS "F" AND "Ill1, BEING 'THE EASTERLY LINE OF SAID
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456,
PAGE 49, A DISTANCE OF 625 FEET, MORE OR LESS, TO THE 6OUTHEASTE:RLY
CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX,
TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE! NO.
43667, IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; THENCE SCIUTH
80'43'25" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO
GAS AND ELECTRIC COMFANY 'S LAND, DESCRIBED IN BOOK 4456, PAGE 44, A
DISTANCE OF 321.54 FEET TO A 'POINT IN SAID SOUTHERLY BOUNDARY LINE SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED IN PARCEL 1; THENCE FROM SAID TRUE POINT OF BEGINNING,
CONTINUING SOUTH 80'43'25't WEST, AMNG THE SOUTHERLY LINE OF SAID SAN
DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 1451.85 FEET TO
AN ANGLE POINT IN SAID SAN DIEGO GAS .AND ELECTRIC COMPANY'S BOUNDAFIl LINE; THENCE NORTH 23'051051' WEST, ALONG SAID SAN DIEGO GAS ANI
ELECTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 325.77 FEET TO A!
ANGLE POINT THEREIN, SAID ANGLE POINT BEING HEREINAFTER KNOWN ANI
DESIGNATED AS POINT "A" THENCE FROM SAID POINT "A", SOUTH' 85'28'16' EAST, A DISTANCE OF 1083.64 FEET.TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET: THENCE EASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13'48'19" 1 DISTANCE OF 481.89 FEET TO THE TRUE POINT OF BEGINNING,
ALSO TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS:
I.
30674 , .IN THE OFFICE OF THE REGISTRAR OF LAND TITLES, FOR SAN DIEGO
COMMENCING AT AN ANGLE POINT IN THE BOUNDARY LINE OF SAID SAN DIEG
GAS AND ELECTRIC COMPANY IS LAND DESCRIBED ABOVE AS POINT I'A" t THENC
FROM SAID POINT IrA", NORTH 85'2B'1611 WEST ALONG THE SAID BOUNDAR
LINE OF SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE CI
1074 * 05 FEET TO A POINT IN SAID. BOUNDARY LINE, SAID POINT BEING TF
TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED 1
PARCEL 2; THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL i
CONTINUING NORTH 85'28q161t WEST ALONG SAID SAN DIEGO GAS AND ELECTRI
COMPANY'S BOUNDARY LINE, A DISTANCE OF 1755.91 FEET TO AN ANGLE POI1
IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY IS BOUNDARY LINE; THEN(
NORTH 23'05'05" WEST ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY'
DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, SOUTH 79'0515011 EASY
A DISTANCE OF 1617.28 FEET TO THE BEGINNING OF A TANGENT CUR1
BOUNDARY LINE, A DISTANCE OF 216.63 FEET; THENCE LEAVING SAID SI
PAGE 'J 5
Exhibit "A"
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ORDER NO. 937263-15
CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CONTROL ANGLE OF 6'22'26", A
DISTANCE OF 222.49 FEET TO THE TRUE POINT OF BEGINNING. ,
"
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO, LOTS - ''F1' tlH1' AND "1" OF SAIL
RANCHO:' AGUA HEDIONDA, ACCORDING TO SAID MAP NO. 823; THENCE SOUTI
0'34'51'' EAST, ALONG THE WESTERLY LINE OF SAID LOT *lJ?I*, DESCRIBElD 11
DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 5055,
PAGE 447 OF SAID OFFICIAL RECORDS, A DISTANCE OF 1318.39 FEET; THENCI NORTH 89'28'00" EAST, ALONG THE SOUTHERLY' BOUNDARY LINE OF SAID SAI
DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK.5055 AT PAGl
447, A DISTANCE OF 1865*00 FEET TO CORNER NO, 8 OF SAID Wj,' "F" 01 MAP 823; THENCE SOUTH 0'32'00" EAST, ALONG THE COMMON BOUNDARY LINl
OF LX)TS "F" AND rrH**, BEING THE EASTERLY LINE OF SAID SAN DIEGO GA;
AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49, ,
DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER 0 THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE ET UX, TO GROVE
I
C. JACOBSEN ET AL, RECORDED APRIL 291 1948 AS FILE NO. 43667 IN BOO
2778, PAGE 341 OF OFFICIAL RECORDS: THENCE SOUTH 80*43'251* WEST ALON THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAN ,DESCRIBED IN BOOK 4456 PAGE 49, A DISTANCE OF 1773.39 FEET TO A
ANGLE POINT THEREIN; THENCE NORTH 23'05'05'' WEST, ALONG SAID SA
DIEGO GAS AND ELECTRIC COMPANY IS LINE, A DISTANCE OF 325.77 FEET 'I:
AN ANGLE POINT THEREIN: THENCE NORTH 85*28'1611 WEST, ALONG SA1
BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND,
DISTANCE OF 2802.96 FEET TO AN ANGLE POINT THEREIN: THENCE NOR1
23'05'05'' WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS Ab
ELECTRIC COMPANY'S LANDl A DISTANCE OF 216.63 FEET TO A POINT IN SAY
SAN DIEGO GAS AND ELECTRIC COMPANY'S. BOUNDARY LINE, WHICH SAID POI1
IS THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT C
BEGINNING NORTH 79'05'50'1 WEST, A DISTANCE Ol? 449.94 FEET TO TI
BEGINNING, OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS (
1000.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALOl
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34*00'0011,
DISTANCE OF 593.41 FEET TO A POINT OF' CUSP, SAID POINT OF CUSP BE11
THE INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF THAT CERTA'
PORTION, 'OF SAID LOT "Hrr ' DESCRIBED I,N DEED TO SAN DIEGO GAS AI
ELECTRIC COMPANY RECORDED JANUARY 21, 1953 IN BOOK 4722;PAGE 350 +( SAID OFFICIAL RECORDS AS FILE NO. 9010: THENCE FROM SAID POINT '
CUSP NORTH 66'54 'lo** EAST ALONG SAID SOUTHEASTERLY BOUNDARY LINE 1
SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 472
PAGE 350, A DISTANCE. OF 250.00 FEET TO A POINT OF INTERSECTION WI
THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTR
COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49; THENCE SOU
85'28'16" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE
770.00 FEET TO AN ANGLE POINT THEREIN: THENCE CONTINUING ALONG SA
BOUNDARY LINE OF' SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SOU
PAGE (11.6
Exhibit "A"
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4.' !I . ORDER NO. 937263-15
23*05'05" EAST, A DISTANCE OF 65.51 FEET TO THE TRUE POINT OF
BEGINNING. i
J
Exce;iing from said Parcels 1 9 2, and 3 above all that portion of 'Ca
County of San Diego, State of California according to map thereof
No. 12242 recorded in office of County Recorder of San Diego County
October 28, 1988.-
..
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PAGE i;,, 7
Exhibit "A'
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LEGAL DESCRIPTION - OPEN SPACE.
THAT PORTION OF LDT H' OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF 1
0N''kfLE WITH THE COUNTY RECORDER OF SAN OIEGO COUNTY, STATE OF CALI1
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO. 72-3, '
7492 RECORDED IN THE OFFICE Of SAID COUNTY RECORDER;'' THENCE ALC
PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 9, NORTH 6T30'37" EAST
NORTH 67'30'38'' EAST), 747.46 FEET; THENCE SOUTH 22"29'22" EAST, 347.3i
THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH ZZW'ZZ" EAST, 23180
TO THE NORTHERLY STDELI'NE OF PALOMAR AIRPORT ROAD (R8-1534); THENCE A10
SIDELINE SOUTH 87'50'22'' EAST; 981.04 FEET TO THE 'WESTERLY SIDELINE OF A
STREET, SAID POINT ALSO BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE
NORTHWESTERLY, THENCE ALONG SAID WESTERLY SIDELINE AND NORTHEASTERLY AL
ARC OF SAID CURVE 31,42 FEET THROUGH A CENTRAL ANGLE OF 90"OO'OO"; THENC
Z"09'38" EAST, 80.00 FEET TO THE BEGINNING OF A 535.00 FOOT RADIUS CURVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 335.
THROUGH A CENTRAL ANGLE OF 35"55'37" TO THE BEGINNING OF A 465,OO FOOl
REVERSE CURW CONCAVE WESTERLY: TUENCE NORTHEASTERLY, NORTHERLY AND MNH'I
ALONG THE ARC OF SAID CURVE 475.44 FEET THROUGH A CENTRAL ANGLE OF 58
;: i
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. 'i THENCE LEAVING SAID WESTERLY SIDELINE OF SAID FUTURE STREET THE F(
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Exhibit lrBrr
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1. SOUTH 6930'19" WEST, 198.82 FEET;
2, SOUTH 54"35'25M MEST, 605.96 FEET;
3. NORTH 30*O7'2ln WEST, 90.76 FEET:
4. NORTH 27'36'16" tjEST, 252.88 FEET;
5. NORTH 30'27'28" WEST, 420.02 FEET;
6.' ;:;, NORTH 27*00'30* WEST, 383.64 FEET;
7, 'NORTH 17"54'18" WEST, 221.16 FEET; i
8. NORTH ZZ"29'22" WEST, 780.90 FEET;
THENCE SOUTH 67'30'38" WEST, 516.54 FEET TO THE TRUE POINT OF BEGINN1N:G.i
I
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Exhibit "B"
'..
City Clerk
Carqsbad, CA 92008
@ 1200 Elm Ave.
L
. SECOND AMENDMENT TO
LAND CONSERVATION CONTRACT
By this second amendment dated December 23, 1988, (
Company, a California Limited Partnership, successor in il as owner to Carltas Corporation, (hereinafter referred vlOwnerll) and the City of Carlsbad, a political subdivision State of California, (hereinafter referred to as lfCityl1 Land Conservation Contract dated February 10, 197€;, 1 between Carltas Corporation and the City of Carlsbac llContractt') is hereby amended pursuant to the provisic Section 51257 of the Government Code of the State of Cali in light of the following facts and circumstances:
A, Pursuant to the provisions of Section 51257 c
Government Code of the State of California, subdi
(c), the Owner has petitioned the City to pel
boundary adjustment to add properties to Agricu Preserve No. 76-1 and to delete other properti identical acreage from said preserve.
B. The City and California Coastal Commission have all determinations required under Section 5125i
such boundary adjustment should be made and thz
amendment stated herein is appropriate, ar consistent with the intent of Section 51257 i development of a Local Coastal Program with pro7
for long term preservation of agricultural lands.
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY, Effecti
the date of this amendment, the land depicted on the att
Exhibit IlAIl, dated November 1, as "New- Contract Land" hereinafter be subject to the Contract and the land located the north/south trending ridge/valley system shall be deletc no longer subject to the Contract, all shown on Exhibit A. shall be no net loss of land under Land Conservation Con Agricultural Preserve No. 76-1 due to this boundary amendmen
Section 2. TERM. For purposes of the determination o
term of this agreement with respect to the new contract
herein made subject to the contract and previously not subje
the Contract, the term shall be for 15 years from the ef fe date of this amendment and Owner hereby waives the rigk
cancel this agreement as to such property for a period of
years commencing on the effective date of this amended contr
I
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On December 28, 1988 , before me the undersignec
Notary Public in and for said State, personnally appeared Claude
of the City of Carlsbad, a Municipal Corporation of the State of known to me to be the person who executed the within instrument c
of said Municipal Corporation, and acknowledged to me that such C
Carlsbad, California, executed the same.
Lewis , known to me to be the Mayor
WITNESS my hand the the official seal.
..............................
lr z OYI:ICIAI, SEAL * * 4-Yi%i% KAREN R. KUNDTZ s
* MY Comm Erp Sept 27, 1989 $
! NOTARY PVBLIC.-CALIFOkNIA ::
"
* SIN DIEGO COUNTY *
..............................
Notary3
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I STATE OF CALIFORNIA
COUNTY OF-S@ifg-.gg__--") )ss.
On 1988 -, before me, the undersigned, a Notary Publil
said State, personally appeared PaulEkke,._Jr, ""
."____ "
I___ "
""__ " ___"
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as f&~Lpartner(s), OFFICIAL SI
on behalf of~tas_Canpany, aCalifmnia
Limi tgd Partnership Nola? Publtc-C Pnncxl CI% ,the partnership
therein named and acknowledged to me that the partnership
executed it.
m WITNESS my hand and official seal,
0 m Signatur &LLLY _~__~ d.% , %."i"' (This area for official nl
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Section 3. CHANGE IN HOTICE, Pursuant to the provisions of Sec of the Contract, notice to Owner shall be addressed as follows:
CarItas Company, a California limited Partnership 4401 Manchester Avenue, Suite 206 Encinitas, California 92024
Section 4. RATIFICATION AN0 AFFIRMATION OF CONTRACT. Ex( hereinabove set forth, the land conservation contract dated February 1~ is hereby ratified and confirmed. Executed on the date first written at
I Section 5. RECORDATION. The Owner shal 1 record thi S aMIdment 1 Section 52183.4 of the California Government Code.
Section 6. MENWENT PROCEDURES. Amendment Of this amendment Conservation Contract Agricultural Preserve No. 76-1 shall not Occur un conditions and contingencies specified in the agreements have been sati
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City {[y{/-/ of C , 1s if, a Municipal Cyporation
By : &f/J7 /' d/(L9 C1 aude A.' Led s , Hayor "CITY" .
(Notarial Acknowledqements)
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* ' . " 111, it ':: LCPA
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EXlIlUlT A
*. \Ilk! .'.
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AQUA IIEDlONDli UOOOH ,
AGRICULTURAL PRESERVE DUUNDARY AMENDMEN'r '
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m..;~dd,ed .to tile Preserve { 52 ac.) i+j Removed from tile pres . . . . . . . . (New Contract Land)
I.......: Existing Developable Area (outside preserve)
February 14, 1989
TO : Planning Director
FROM : City Attorney
CARLTAS - RECORDING OF NOTICE OF CONDITIONS
As you will recall, in connection with the land use approval this matter, the applicant was required to consent to the re, =cor
of a notice of the conditional approvals in this matter. Once
recorded notice is in the chain of title, subsequent purchaser
encumbrancers take their title subject to the terms and condit of those approvals. If there are any intervening encumbrance
conveyances following the City's approvals but prior to recording of this notice, it has no legal effect as to t
parties.
I understand that there may be some confusion or uncerta
regarding the appropriate legal descriptions to be attached to
notice. They should be reviewed and promptly recorded or somet recorded now with an agreement to reconvey the portions of the property not effected. We should also ensure that no interve encumbrances or conveyances have occurred within the time f described above or, alternatively, obtain their express consen be bound by the conditions of the approval.
I appreciate your prompt attention to this matter. Tz-
RONALD R. BALL
Assistant City Attorney
rmh
c: City Clerk .-'
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