Loading...
HomeMy WebLinkAbout1993-03-16; City Council; 12113; Carlsbad Ranch Specific PlanI ’ , Cl”” OF CARLSBAD - AGENIP BILL AB#a TITLE: APPROVqLOFVARIOUSDISCRETIONARYAPPIKATIONS DEPT. HD. MTGI.3/16/93 NECESSARY TO APPROVE THE CARLSBAD RANCH CITYA DEPT. CA SPECIFIC PLAN PROJECT. EIR 91-03/GPA 90-ll/LCPA c,Tv MOR 90-08/SP 207/ZC 92-02/AP 76-Ol(C)/LJMP 87-13(A) RECOMMENDED ACTION: Cf92-07 If Council concurs, your action is to adopt Resolution No. 93-35, Ordinance No. NS-227 and Ordinance No. NS-228, approving the various discretionary applications necessary to approve the Carlsbad Ranch Specific Plan project. ITEM EXPLANATION The City Council, at your meeting of March 9, 1993, directed our office to prepare documents approving various discretionary applications necessary to approve the Carlsbad Ranch Specific Plan. (EIR 91-03/GPA 90-ll/LCPA 90-08/SP 207/ZC 92-02/AP 76-Ol(C)/LPMP 87-13(A)). The Council recommended that Condition No. 5 of Planning Commission Resolution No. 3480 (SP 207) be amended. Council should satisfy itself that the findings and conditions as recommended by the Planning Commission and as changed per your direction accurately reflect your intentions in the matter. EXHIBITS Resolution No. 43-55 Ordinance No. NS-227 Ordinance No. NS-228 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A SPECIFIC PLAN, ZONE CHANGE AND VARIOUS DISCRETIONARY APPLICATIONS FOR A PROJECT ON 423.5 ACRES OF LAND GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8 APPLICANT: CARLSBAD RANCH SPECIFIC PLAN CASE NO: EIR 91-03/GPA 90-ll/LCPA 90-08/SP-207/ ZC 92002/AP 76-011C)/LFMP 87-13(A) WHEREAS, on January 6, 1993 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 91-03), Negative Declaration and Tentative Map (XC 92-02/CT 92-07), General Plan Amendment (GPA 90-ll), Local Coastal Plan Amendment (LCPA 90-08), Specific Plan (SP 207), Zone Change (ZC 92-02), Agricultural Preserve (AP 76-01(C)), and Local Facilities Management Plan (LFMP 87-13(A)) for project developments on 423.5 acres of land and adopted Resolutions Nos. 3476, 3477, 3478, 3479, 3480, 3481, 3482 and 3491 respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on March 9, 1993 held a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 91-03/GPA 90- ll/LCPA go-08/SP-207/ZC 92-02/AP 76-Ol(C)/LFMP 87-13(A); and WHEREAS, a Negative Declaration was issued on November 5, 1992 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the specific plan and other project approvals and these conditions will be reviewed through a monitoring program set up for the project, . -.- ,- .-, 8 . . 1 2 3 4 5 6 7 0 9 10 11 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Environmental Impact Report (EIR 91-03) on the above referenced project is certified and that the findings and conditions of the Planning Commission contained in Resolution No. 3476, on file with the City Clerk and incorporated herein by reference, are the findings and conditions,of the City Council. 3. That the Negative Declaration for (ZC 92-02/CT 92-07) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3477, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4. That the General Plan Amendment (GPA 90-11) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3478, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the Local Coastal Plan Amendment (LCPA 90-08) of this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3479, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 6. That the recommendation of the Planning Commission for the approval of Specific Plan (SP 207) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3480, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance No. NS-227 shall be 2 1 i 3 4 5 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 26 27 28 -. contemporaneously adopted, with the exception of Condition No. 5 which is amended to read as follows: "5. Should the City determine that it is feasible and in the best interests of the City to have the developers of Zone 13 privately provide and maintain the recreational facilities for the employees of Zone 13 and the residents of Carlsbad, then upon the financial guarantee of those facilities, all Zone 13 park fees collected to date shall be disbursed to the provider of the recreational facilities and no additional Zone 13 park fees shall be collected.11 7. That the Planning Commission recommendation of the Zone Change (ZC 92-02) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3481, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance No. NS-228 shall be contemporaneously adopted. 8. That the Agricultural Preserve (AP 76-01(C)) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3482, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 9. That the Local Facilities Management Plan (LFMP 87- 13(A)) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3491, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 10. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 3 l * I, 1 2 3 4 5 6 7 0 9 10 11 12 13 18 19 20 21 22 23 24 25 26 27 "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final: however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of March 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila NOES: None F-7 ABSENT: None CLAUDE A.w&WIS, Mayor ATTEST: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORIXNAhKE NO. NS - 7 7 7 AN ORDINANCE OF THE CJTY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE CARLSBAD RANCH SPECIFIC PLAN ON APPROXIMATEiL,Y 423.5 ACRES OF LAND LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE, AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8 IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CARLSBAD RANCH SPECIFIC PLAN CASE NO: SP 207 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Specific Plan for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECITON I: That the Carlsbad Ranch Specific Plan, SP 207, dated December 1992, on file in the Planning Department and incorporated by reference herein, is approved. The Specific Plan shall constitute the zoning for this property and all development of the property shall conform to the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 3480 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. ** , 1 - - INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Councilonthe 9th day of March , 1993, and thereafter 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Carlsbad on the 16th day of March , 1993, by the following vote, to wit: AyES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila 5 6 7 8 9 NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City AlTEST: ALETHA L. RAUTiN (SEAL) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 ORDINAIWE NO. m-778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 92-02 FROM L-C-Q TO O-Q/P-M-Q, C-2-Q/O-Q/P-M-Q, C-T-Q/C-2-Q, C-2-Q, C-T-Q, AND O-S ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE, AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. PROPERTY ON THE WEST SIDE OF PASEO DEL NORTE NORTH OF PALOMAR AIRPORT ROAD AND PEA SOUP ANDERSEN’S IS ALSO INCLUDED. CASE NAME: CARLSBAD RANCH SPECIFIC PLAN CASE NO: ZC 92-02 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map as shown on the map marked ‘Exhibit ZC 92-02” attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution 3481 constitutes the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 9th day of March , 1993, and thereafter - _. PASSED AND ADOPTED at a regular meeting of said City Council held on the 16thday of March , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila NOES: None ABSENT: None ABSTAIN: APPROVED AS TO FORM AND LEGALITY ATIEST: m*, ALETHA L. RAUIENKMNZ, City Clerk - PALOMAR AiRPORT RD L PALOMAA AIRPORT AD EXHBlT ZC 92-02 JANUARY 6,1993 city of hrlsbrd CARLSBAD RANCH SPECIFIC PLAN zc 92-2 . March 22, 1993 Christopher Calkins Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 RE: SP 207/ZC 92-02/EIR 91-03/GPA 90-ll/LCPA 90-08/AP 76-Ol(C)/LFMP 87-13(A) - CARLSBAD RANCH The Carlsbad City Council, at its meeting of March 16, 1993, approved the above- referenced specific plan, zone change, environmental impact report, general plan amendment, local coastal plan amendment, agricultural preserve amendment, and local facilities management plan amendment by the adoption of Resolution No. 93- 55 and Ordinance Nos. NS-227 and NS-228. Copies of Resolution No. 93-55 and Ordinance Nos. NS-227 and NS-228 are enclosed for your records. &a Assistant City C lerk Encs. .I 200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 @ April 13, 1993 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 Enclosed for recordation is the following described document: Original Third Amendment to Land Conservation Contract Agricultural Preserve No. 76-01 Application No. AP 76-01(C) Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance in this matter. sYacMc Assistant City Clerk KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 I RECORDIP!G REQUESTED BY AND WHEN RECORtiED MAIL TO: - Citjr Clerk ; CITY OF CARLSBAD 1200 Carlsbad Village Drive i Carlsbad, California 92008-1989) THIRD AMENDMENT TO LAND CONSERVATTON CONTRACT AGRICULTURAL PRESERVE NO. 7641 APPLICATION NO. Al’ 76-01(C) By this third amendment dated APRIL 12 , 1993, Carltas Company, a California Limited partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as “OWNER”) and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as “CITY”), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the “Contract”) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of California in light of the following facts and circumstances: A. OWNER and CITY desire to further amend the contract to specify certain conditional uses permitted under the Williamson Act. THEREFORE, it is agreed between OWNER and CITY as follows: SECTION 1. SPECIFIC USES. The list of uses delineated in sub-part B of Exhibit “B” to the contract are hereby amended to add the following: (16) Public recreational uses (including golf courses) otherwise consistent with open space uses. SECTION 2. CHANGE IN NOTICE. Pursuant to the provisions of Section 16 of the Contract, notice to OWNER shall be addressed as follows: Carltas Company, a California Limited Partnership 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 I . ’ . (5. SECTION 3. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10,1976, is hereby ratified and confirmed. Executed on the date first written above. SECTION 4. RECORDATION. The OWNER shall record this amendment. SECTION 5. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-01 shall not occur until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA LIMIT 4 No. 5193 State of CALIFORNIA I - OPTIONAL SECTION - CAPACITYCLAIMED BY SIGNER M.-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On April 13, 1993 before me, DATE Karen R. Kundtz, Notary Public , NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY PUBLIC personally appeared Claude A. Lewis ---------------------w--e-a NAME(S) OF SIGNER(S) E!l personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is&e- subscribed to the within instrument and ac- knowledged to me that he/&t&f?ey executed the same in his/beHbeir authorized capacity{&+, and that by his/b&Mr signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) q CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR q OTHER: Mavn,r. c-i tv of Carlsbad SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Carlsbad ATTENTION NOTARY: Although the information requesled below is OPTIONAL, it could j5evenl fraudulent attachment of this certificate lo unaulhorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document 3rd. Amendment to Land Conservation Contract Number of Pages 2 Date of Document 4/ 12193 Signer(s) Other Than Named Above Paul Ecke, Jr. SECTION 3. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10, 1976, is hereby ratified and confirmed. Executed on the date first kitten above. SECTION 4. RECORDATION. The OWNER shall record this amendment. SECTION 5. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-01 shall not occur until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA LIMIT PARTNERSHIP :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of CALIFORNIA County of San Dieqo on 04/05/93 beforeme, Diane S. Fischer, Notary Public DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared PAUL ECKE, JR. ------------------------------ NAME(S) OF SIGNER(S) cx] personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person&$ whose nameM is/w subscribed to the within instrument and ac- knowledged to me that hel&e/thq executed the same in his/&e&b&+ authorized capacity&@, and that by his/m signature@) on the instrument the person@), or the entity upon behalf of which the personm acted, executed the instrument. WITNESS mv hand and official seal. dQ!iL&YJa2d SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITYCLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. q INDIVIDUAL q CORPORATE OFFICER(S) TITLE(S) q PARTNER(S) q LIMITED q GENERAL q ATTORNEY-IN-FACT [7 TRUSTEE(S) q GUARDIAN/CONSERVATOR Cl OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) Carltas Company, a Cal ifornia 1 imi ted partnership THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 3rd Amend. to Land Conservation Contract THE DOCUMENT DESCRIBED AT RIGHT: NUMBER 6F PAGES 2 DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE Claude A. Lewis, Mayor 01992 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 , SECTION 3. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10,1976, is hereby ratified and confirmed. Executed on the date first written above. SECTION 4. RECORDATION. The OWNER shall record this amendment. SECTION 5. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-01 shall not occur until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA PARTNERSHIP By: GENE!&% PARTNER CI OF CARLSBAD, A MUNICIPAL CORPORATION By: (Notarial Acknowledgements) -2-