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
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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,
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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
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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:
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"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:
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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.
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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
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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
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NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City
AlTEST:
ALETHA L. RAUTiN
(SEAL)
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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
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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)
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