Loading...
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- 0 m m m I m I -E *a a3 mr: COQ la mo E 09"$ 4 ma, I42 mu a3 G * -4 m za, oa d *rl rord 25 au ul2 a, U ab au 0 -rl (d -li a NO *- d 40 m4 h zaa, -0Q Gr: a .d 0 0 .rl u L!UU aa a4 ala& uu acv 3 a, -4 ou ua, u a42 G-OU .rl 3 '6 u 0 dE I i.% a, a0 * cdco aum am Y -rl Uccl - am -r4 l+ a,ON 2 ail 5 a$ ; .e E kri a, Mm P mo 412 -4 a3 ucoa Ga, 3au oca u (da m CO I ri I ri 4 Cw OF CARLSBAD - AGENW BILL 1 I AB# 97&9 MTG. 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 Q w V 0 a B CL 4 2 0 F 0 a 1 0 z 3 0 .. 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. 0 e W 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 1) 2) 3) 4) 5) 6) 7) 9) 10 1 11) 12 ) 13 ) 14 1 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 r "~~ ~~~ ~ a Ilk c W LOCATION MAP AOUA HEDIOMIA uaom -.-.- -..- - PACIFIC OCEm 4 City of Ca I - ITAS CARLSBAD RANCH I ~cp~88-1'~~~ -~~ ~~~ ~ ~~ 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 // I; e W !! l. li PIANNING COMMISSION RESOLUTION NO. 2784 2 il 1; l~ 3 11 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 6' ;I 7 11 WHEREAS, a verified application for an amendment 8 9 10 11 12 13 14 15 16 I ~ 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 uli I 19 et- l8 I 20 11 23 ~ 25 I 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. 24 1 I 26 27 //// li 28 /I /I 0 W i' ~ NOW, THEREFORE, BE IT HEREBY RESOLVED by the : 1 !I Ij 2 '' Commission of the City of Carlsbad, as follows: 3 j' 4 I 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: 8 9 10 11 12 '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 15 //// 16 //// 17 1 ///I 19 //// 18 //// 20 i! //// 21 I/ //I/ I 23 22 i; //// //// 24 //// 25 //// 26 //// 27 " //// 28 PC RESO. 2784 -2- e m 1 I. 1, 'I 2 I/ PASSED, APPROVED, AND ADOPTED at a regular meeting 4 ~i 3 I! 1' 1; Planning Commission of the City of Carlsbad, held on the 3 of October, 1988, by the following vote, to wit: I/ 5 i; I/ and Erwin. 6' 7 I' I! AYES : Chairperson McFadden, Commissioners: Schramm, NOES : Commissioners: Marcus and Schlehuber. ABSENT: Commissioner Hall. 1~ 8' 9 10 11 I ABSTAIN: None. A (Lp' Jm+xcrADDEN , $. -//7P ,* .LC> C" '* ,J C-LSBAD PLANNING COMMISSIO~ I.2 I ATTEST: 13 ' &'? ~ /5 ' (3 6-f' ,, (/+i,.-'7. I +23LL4 " ". / MICHAEL J. HOLZMILLE5'I l4 15 Planning Director 16 I I ~ 18 19 I 17 I1 20 1: 21 ;I 11 22 1; 23 " 24 11 25 26 ' 27 /i 28 PC RESO. 2784 -3- tu 12 uu 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 @ ,f Policy 2-1 C. TEXT CHANGES Ct,2 ~I BA-CCL 7, PRGt 9 f / , i-Artdi1 4.3-A (d" /"- f- @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 -l I I I - 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 r. 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 -2- /- e Oi 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 -3- '. r 0 @j 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. -4- .. 0 01 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 r' -5- 0 0. . 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. '* 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/ -6- I) e 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. t 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 /” I -7- * and clustered on the first major ridge area as designated on =bit 4.3A '. 0 6 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: ,/-, -a- .. 0 e' 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. i ! i % \ 7 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 ! i \ (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. I ! i4 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, f decision to include !or exclude (either partial I 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. -, .- .. e 0- development penit that includes the construction 4 road. I \ i i 1 I I I I t; ! i I i ! ! i ! ! ( i I i ;b, 1 1 I. i I I I f,- -10- 0 0 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. 0 0 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. 1 -z- i~ 0 0 I 1! 21 3 ji 4 11 1' ~ 5 ~, 6 I! Ii 7 I! 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 9 15 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, ' 11 l6 I I' WHEREAS, the Planning Commission did, on the of October, 1988, hold a duly noticed public hearing as pr l7 I 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: 24 25 ~ A) That the above recitations are true and correct. 26 1 B) That based on the evidence presented at the public the Commission DENIES GPA/LU 88-2 based on the 1 findings : 27 li 28 ' //// 0 @ lj I 11 Findinss : 2 !l 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 6' 7 1' 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 9 10 11 ! 12 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, 14 15 and Erwin. NOES : Commissioners : Marcus and Schlehuber. ABSENT: Commissioner Hall. ,I l6 I1 ABSTAIN: None. 17 I 18 I' 19 1~ 2o I1 " -... OfkA +J y?@c.$.&/& " "" J~NE B. ~CFADDEN, c Blrpc -r C~LSBAD PLANNING COMMISSIC 21 11 ATTEST: 22 11 23 Planning Director 24 c, 4:;; ;,c$.t L~,;. ,/ .q $:!< 4 ' ," /-. . ~ ""_ MICHAEL J. HOLZMILLERlL7 25 // 26 27 28 PC RESO. 2785 -2- LEGEND RM MED NRR NON 0 IUM DENSITY 4-8 -RESIDENTIAL RES D.U. P SERVE PSCIllC ocs. 'ER ACRE I - - PROPOSED GENERAL PLAN LEGEND Peclflc Ocean os OPEN SPACE (Approximate boundary) NRR NON-RESIDENTIAL RESERVE /i * 0 II 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 2 1~ I 3 /j 11 4 il I1 5 1: 7; 6 /j 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: 24 25 ~ 26 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 '' //// e e l '~ 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 // 24 ' 25 ,I 1 26 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 0 0 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 21 22 23 24 25 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 0 0 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 0 0 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. e e 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 m 0 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. * 0 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? e m 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? 0 0 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? e 0 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 0 0 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 - I -- -----I kAF .... , ..,. ,I iii:i:!: I d 1 .lJ i'\'", , 1 , I, ",! i:: , ,.I,\., "I ' '1 ;:, . iii'i.:!.,L. 6.' . I . . n7 ,!;! OC i t,. I I)il L. .j<3 *.. 9 : i. * I, <- {:\T'f (If (,,:..! :, ,_, : J- I! , s, jti ::: 9 ' 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 . ,,. ,..J*.. . . - . ... . j 1. i\ 7 " ._..a C' . - 1 _I I. .. , * +- .c; 1 . 0 q:;-..,+. .. r; . . '..:<." : ;.u, , ' ., ., L . . ,' . , ;, , '" * ". .i. . 0 e,<, 1 :< I h .+ F. *.I L. ' ' P - : 3. ... :k4, $, .. . ." . . ,.\.: u' . . ~ P ::. . ;,> ,. ,.., :., .I_ ,,, ", I, o ' < .- :" ' , 0 .. *. > a. ' . , , >.* .. , I+_ D ." 7.. I ,;. - .I. I, . ,d ' , ' , .I , . : c ,; I). , I , .I ., C' - ..c I.. . 'I .. . ., . , . '? : ' .;' . .. . . , ' .. ~ , 'Z . ' ~.:. . ,. ,. i,. I - . 1' " * >.' I, .. . "1: , * , . , .< ? :i. , 1. ,: , ,. I. I. . .. ., 0 ~ .*I . ,.,d'... ... ,/- * .. 1-1 .. 0 I,, , , 3. ,. , .. .,.. . ..; :. . . . ' , . " , .. .. I p : . in 0' .. .. .L .*' .:, , . -~ a , ,e ,.I .. 6. . ,L -r . . ~f ,. 0 I "' ,, , ~ , B .* .. d' . . , . ,. 1 ., I . .I ~. ". I' ~, .. , i" . ~ . .. ), ' ~ c 0 .. , .d 1 I, , .- 5. . 8 ' ..I ,_, N .. . .., , .. .a 1 ' ;. " I, ., ,. , . ' .I ., . .. IF .1 . I ", 0. '. ',- , .. . , ,,. ~ I' 5F WJ O7 Ur e 1984 Taken from Palornar Airport Road bridge (highest elevation point west of 1-5) looking northleast. -. . . "~ .,.. . .I. ~.. .t"3-%Y 1984 Taken from the upper balcony at Pea Soup Anderson's looking north. t :> .:.;:. '.I .. ' , v '. ; ' . 'I.-,..,. .,, i ' "(.' w , 4, I :,. '. ,..-. ,. I ; ' .. .( . -> .. :. .' , ..- .. .. t 1 .. .. d 3 i .. .. ! I 1 v e YJ o/ rvr e 1984 Taken from Palomar Airport Road bridge looking east. 1984 Taken from the upper balcony at Pea Soup Anderson's looking north. 0 r' I ~-J-orVl~ 1984 Taken from Paseo Del Norte looking east. SF .. . ~. . y-3- By 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 2.j e * \g - p* ' * : .1. a -J -4 . . - (8 - .e.. , .a * * ." .I. .. 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" - 4 .,4 \'L& J c* ' p, *.' *.l , a r) .. fp. . . /;* a,- * (3" * '.. ".. * %::+:; . ,.. , ".. '. :. .- .. *. . 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" *L- , ,l -. A. ' e< it.:. Et ';;" 4- a c) ".a. ... -. .. . .. " 'i .. b,f: : ,. . , ... , "" ',. ."" .. 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" ,*' . / b'.L 8 I C. 4 /.: 4 a' CD /p -;. _. . .,,J - '< . -%**. . z '.. 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" - ./. w L ,n I ' *. -. r.: 5 P, J .L r'; . 3. % . f. I : .. e. I *e%.' '. . * -4.:. ' . .. "bfl. - . ..: .. -.. 0. .. .. 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" -. : . f ",& 4 .* I(' . $4 I :.. . -* ., . ..'. 7 :y-.A @;': ;, .1 .e - C. *.d$ ,. * ,.*.r.l.' " c. ." -. - 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. .. , ~. I, , :I 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' i. , t ... >, ( . ...... i - -> ., ,,: , : 7 :y,, -. , .: ', ' .7 '. I '. ;, ,. .i .,. ',, '.',A!. - '!;;: i'::, ; ',,,?,,,:;'.,, .:: ' - .... .... .......... f %.: , _. y. , s. -, _- .......... - ...... ....:.. , ,. . i"j : ti .. Exhibit "B" .* . ,. .. . ,,"l. .. - ,. . .. . . r a w # t .. 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 :I . 1' J 1; .I ::I , 'I .ail ;y ; .! ' ,<I .'.I '., ;;I ;.: , *. -. .I! !.1 ::I (ENOOOl-X) .. I ! .'.,'.,;r. ; :r ,Az,-. :.: ,: r' . : ... . .. .. ._ I , , . e..,,, , .,._, ... . .. 4 .. , ,,.<,. ':. ". i4:, _', ..,,.'*; . .e ... ,.,. , , ,, . . ". a I. Exhibit "Btt I! 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 17 18 I 19 I 20 21 22 23 24 25 26 27 28 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 " " " " " " " 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. -6- e e 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. -8- 0 m 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”. -9- 0 0 I 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 -10- e e 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 -11- 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. -12- 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. -13- e m 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. -14- 0 m 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 -15- 0 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@/' " / -16- 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 I/ i 1 2 3 4 5 6 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 10 11 12 13 14 15 16 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 18 19 20 21 22 23 24 25 26 27 I I 1 ~ j I 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. ... 28 1 1/ I' I! I! e 0 1 i THEREFORE, BE IT HEREBY RESOLVED by the City COI 1 the City of Carlsbad, California: 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 ~ 20 21 22 23 24 i 25 1 26 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 ... ... 0.. ... .ea ... 2 27 I 28 il 0 W ii i 1 2 3 4 5 6 7 8 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) 14 15 I 17 16 19 18 I/ 2o !I 21 ~ 22 I 23 24 25 11 26 27 1 3 28 I1 e e EXH I 1 2 3 4 5 6 7 8 9 10 11 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 14 15 16 17 18 19 i 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 20 21 22 23 24 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 25 26 2. That based on the evidence presented at tl hearing, the City Council APPROVES GPA/LU 88-2 basec 27 II 28 il ll li 0 W 1 2 3 4 5 6 7 8 9 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 16 17 .18 ;j 19 I 20 1 AYES: Council Members Lewis, Kulchin. Pettine, Mamaux and I NOES: None ABSENT : None ABSTAIN : None 21 22 23 11 I ATTEST: 24 I/ 2511 Lu~ R. LLd -L" 26 (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. ." I! 0 8 tAHlt5 11 3. 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 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. 28 I/ e 0 1 2 3 4 5 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 9 10 11 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 21 22 23 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 26 land under Agricultural Preserve Contract 76-1. 27 10) The proposed boundary agreement is consistent wj findings required by Section 51282, except that tl 28 /I - 2- Ii I1 il a a shall not be required to find that the boundary ad: 1 is for land on which a notice of nonrenewal has been I 2 3 11) 4 5 6 7 12 1 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 22 23 (SEAL) 24 I/ 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- 0 m 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- r' 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- e 0 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- e 0 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- e 0 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 i 1 I I I i P. .5.. 1 m 2188 89 3mfgl ~wp" - i-r _._ "-." i 5: ?;-,. . - .':: __._. :!.:::! : "_ 1 i ! ::. ,~ .=.. ~ .,: :. -.* -. - .~ ..- - ,.. *. :- .-. . . . :._- :: . - . si. j, ...... .- . . ". - : . .- . " ". .. -,. ; E$ dm -5 &!I 9: 20 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 &&- 9 .+e , * 1, 1 . ?< - -&. I. *- . *d *.a; , - n. 0. . 2190 0 .I. . t' .. , .* * a'. I .-. 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" , . p'< ';- - ?I 1 *,* q; .: /e*, * * p. - r** 4 ;? a,". +* . ., -,. ' .\* ,&* , ,.. 7.2: - " \. ( :!e* *. . 0 2 '"1 0 .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 c ' L,. 1 wet; . . . . *...a '\ *- 1 1 ! A*:;;;. 4. ~ "'I ... c 1 .:'* *'. . - d 4' . ',. .*..a* 0 a * 2192 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' p:'; F1 L n .- k- ' " . " 4::. .t*; -. - * PARCEL 3: e 2 1,93 a 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" . ...+) L ,n ,! * .. - F,. 7.: ., p" . .$. 0 2194 0 '. ' /. t 8.. .,w 4' . .'*. ". . . - -%:e ' .. 8. ,. .. 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" ; i p b1.t h' .. .* ",IC* . * -3.- . - * ai :?-e,. , X" ;, 4 e 2195 *. ;' I? ... .i. ..'. ..A. : ..*!.? -1 %". - ,' 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 .: ! .;;;; *)'I' c c <9 ;a;;\. !:; i &&:.... 4. . . , ,,flf: x-** *' a - *' 8 I "* CS ' \, ,p -. e 2'1 9 1; e 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.. .. s' I 1:' I 8. .L pa. .. * PAGE ic7 . Exhibit "A' ' .. ' :,, ' . . .a , .,i .' *.: "" n .,A. *<x-:*"",- .,.. :.. .' . , .. .' . '.' .....,-... 7 .' ; .'.. : 'e;, ,.; . >. . ... - . ,. ' .. .. I : ,. . <: .,?,*:,:&.+:,! .*:.:,:.;: : : :::.:.r. ..' : ._... : ...,.. ':.v 2. ."& ."i - _. .. : <.. 219'7 0 .. . . .a , .,i .' *.: "" n .,A. *<x-:*"",- .,.. :.. .' . , .. .' . '.' .....,-... 7 .' ; .'.. : 'e;, ,.; . >. . ... - . ,. ' .. .. I : ,. . <: .,?,*:,:&.+:,! .*:.:,:.;: : : :::.:.r. ..' : ._... : ...,.. ':.v 2. ."& ."i - _. .. : <.. 219'7 0 .. 80; 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 : c i :J .I 1.1 q e. 4 , .'j .* .a ij _I i. , 1 t \ 'i ">7,,:*;---: ,.,, ::..;+.,,,y ,, ,:,, 5,;y. ' :..'""' ','t ' . . . ,;I . , . ./. -..: . . " ;,'?. "_. ..::::,,. .._, , , . i . .. . *- . _,. . _.. ,. __.... ...... '"..i.. I .* .. Exhibit rrgll , .. .,, .*.:.,. :...A ...,I. ... . . .. .%."'. . ..-. *; .' ; *, . )' p T a -I I <: , , 'I, . ~ '< .I 2198 * I,. *. 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 I I I I ;'i !! ':i : .\ 1: . ::q ;j J (EN0001-X) . .:I (I !I I "* !.I .- I. ' a* .:: ,t ,,I ., f i ' .,:; ~.,,'.~.<% .,I. ,,",~,,'. ;, : ! ;. ,' .. - '. ,.. , .:. .. , ,, .). , ,.% I ... ,<,. ,,.?>" i (,, ;.,-. *, "2.: i '. : .. I. *'". ' Exhibit llgll ,/ i' .e RECORDING REQUESTED BY WHEN RECORDED, MAIL THIS INSTRUMENT TO: 760 CITY CLERK City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989 -. r!. 1 , :, . .. . . ... - . , :-. j _, . - .. . , ... . .. .. -__ - . .. " .. .. ~. .. i- 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) ._ ,.)/ tu f w w I a 2 L ,. 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 ,) , t/ 51' From [be desk oj LEE RAUTENKRANZ w YW? &+" 1 7a Au-c?. &"43-~A - 'LM -.L bTQ +=" cJ"mN Ld) & - w-". %, &+.f AUn.nd7 ""- 2- /crp \L. J"q e0-U a &4/&+ .A 45" - +I*. -. 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 j *dOT4Yf P '3::;~ (X'tOF?;!,. .) PRItu,!: Db. ,.?it !;[ ,:. - SAN L31b',:r~ ! '>*!'+T'r /79du - . .x lei] - a :x;?:, -, .+ I : i .. i; I .;:i I , -E+*. :y>,: : No<?&*C ;/" 4" A ._ ,.f" ,* > "I. a. ;;i 1 ,. . * I. , .* * .**. * .-. - 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 ~$1 * Exhibit "Aff - 4 .I4 t't,,R I(., /^. . #"' 4 .-. f-p.. . . *+.' * - *. *,:. ,:L' *.. x:.\S$:: , '!.:'" 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" .. I ' . .c4 4 *L . /..; ,* -. ; /z P .;;; * ~ 4. I ..' ... . .. .. ,r .. 39" ',,, ,::... . , :*. -4 .. 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" +e' * 1 -2; .(*, P' L. R J .I . -.,r - '< p 4: -\. _. . .* ' .. 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" .) de ,": L ,? I ' -. *. -c h( .L . 8.: . -a* "e. '. . - '. - .f. I :* ... \:e -I* '1 ,* c ' *?. * * \<,' . 8 'j' 1 .. 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" .- , p- "la L 'H - . , ;** ,'I C'a .. ;& x.: ;, I ... A. *. ..e>!.' ; . I .*. ... .\* .;. * " - 9. . * "" 2. ." -* - 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" 1 8 ".j," -,e8 J c e* . .< 'I . ,?;, #?a * ?&,. & t\\"-:.: \.* >; . "4 ;'.: 4. %. *,ff%. ,, ,y *.Xf'*..* -& -1 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.- .. ,, ,. ,:y :., PAGE i;,, 7 Exhibit "A' .- w .. . -4.. -,. ..,-.*,. .-2:u."-.:...:'. . , , . ., I /_. , s. . , , .- , . ,., ..I.'.. , : ,, 7 '.;-$ .: .:,I..: ...- . ' ....*( ... , ':'-I. .' .. , , .. ...... ...,. . ,., ..' -~. +" . - ... , ". ..... L, ,. _._.....,. :.i. :. '."" _._, i:"".. ,. 'A aa7! 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 I :'I i ;1 . 'i THENCE LEAVING SAID WESTERLY SIDELINE OF SAID FUTURE STREET THE F( . f .I '.I ;I : ,?.. :.-i 9 . c: .'J> a :, 1 2! , 5'1 .* .4 . 1 '! ::i "I ,:: 4 .. COURSES: 5 .. >j : . I t . 1. 9 , . .. __.,- ,__.._..- - .; ..." :'.I ', . ' . . , ., .. , ~ ., , . .I , :. . .. : "' > ,. ,. :> ,..', :,;, ,, i ...,i::... ', . .. . . ". ' . b% .. "... __ - .... Exhibit lrBrr '... .. ....... ._ _... . ." ...... -. I .. 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 *. I ! i :I i I 1 \ I I i i i 4 \ . ., I .. t .i I I ' 4 (EN0001 -X) .' ,I .,I . ?1 :, ;! ,. { .... .... 1 i: ! ... 7. .. .'. ..... : ..... 1, :: , '- .... : .. , ;. . .. C. .,.( , ' .. :> . ;, ......... .i:' :. ......... , _.. ....... , ', : 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 I I 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 c. > C 9 E j 0 I 2 I 1wh.t a* .. . -. -. 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 - 0 ." I r' -4, c, ' I 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 K\ City {[y{/-/ of C , 1s if, a Municipal Cyporation By : &f/J7 /' d/(L9 C1 aude A.' Led s , Hayor "CITY" . (Notarial Acknowledqements) 8 L I -i .\ , .I $ 8 1,. ., .. . * ' . " 111, it ':: LCPA 1 EXlIlUlT A *. \Ilk! .'. .. 1 AQUA IIEDlONDli UOOOH , AGRICULTURAL PRESERVE DUUNDARY AMENDMEN'r ' :I 8 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 .-' 1