HomeMy WebLinkAbout1975-12-16; City Council; Resolution 38101
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CITY COUNCIL RESOLUTION NO. 3810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH THE RULES GOVERN I NG THE ADMINISTRATION OF AGRICULTURAL PRESERVES, INCLUDING PROCEDURES FOR INITIATING,
CULTURAL PRESERVES AND LAND CONSERVATION CONTRACTS. FILING, AND PROCESSING REQUESTS TO ESTABLISH AGRI-
Land Conservation Act of 1965 (Williamson Act), has provided a process by
which the City may establish a procedure to promote the preservation of
agricultural and certain other land; and
WHEREAS, the findings of the State legislature contained in said ,4ct
constitute the findings of the City Council; and
WHEREAS, this Resolution has met the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1972 and has been declared to
have a non-significant impact on the environment; and
WHEREAS, the City Council wishes to establish rules and procedures
governing the administration of agricultural preserves and 1 and conservation
contract;
NlOkl, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
A) That the above recitations are true and correct;
WHEREAS, the State of California, with the enactment of the California
C) That Exhibit "Bl', Application to Establish an Agricultural Preserve, attached hereto and incorporated by reference herein, is adopted for use in the City of Carlsbad;
That Exhibit "C" , Land Conservation Contract , attached hereto and incorporated by reference herein, is adopted for use in the City of Carl s bad.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
at a regular meeting held on the 16th day of December , 1975.
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B) That Exhibit "A", Guidelines for the Establishment and Administra- tion of Agricultural Preserves, attached hereto and incorporated by refenence herein, is adopted for use in the City of Carlsbad;
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AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Casler
RF&c obert C. Frazee, Mayor
ATTEST :
(Seal )
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MEMORANDUM
November 7, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT : IMPLEMENTATION OF AGRICULTURAL PRESERVES
STATE LAW
Section 51200 et seq. of the California Government Code establishes the California Land Conservation Act of 1965 (Williamson Act). In 1965, when the Land Conservation Act was passed, all property in California was required to be assessed on the basis of its full cash value. One effect of this method of assessment was to impute speculative values to land, expecially around urban areas. Since much of this land was agricultural land, it is easy to see what the effect of steadily in- creasing assessments was. nically into one of two alternatives; either move farther away from the urban area or change the use of their land to something more pro- fitable. random and scattered development, and urban sprawl.
The farmers and ranchers were forced econo-
The result of this was usually premature land use conversion,
One purpose of the Williamson Act was to eliminate these pressures by removing certain land from the speculative land market. by offering landowners an a1 ternative to compulsory land speculation. The Act authorizes counties and cities to enter into contractual ar- rangements with owners of qualified land. The goal of the Act is sim- ple: To so restrict the use of the land that potential purchasers would not be willing to pay prices reflecting non-agricultural uses and values. The effect, theoretically, would be two-fold: (1) it would cause land to be assessed on the basis of its agricultural values, and (2) it would keep land in agricultural use.
This was done
The success of the contractual restriction in reducing the assessed valuation of land was dependent upon its effect upon the market value of the restricted land. This was necessarily the case since at the time of its passage all property was required to be assessed on the basis of its fair market value.
In 1966, the voters ratified Article XXVIII granting the Legislature the authority to depart from market value assessment on open space land. A year later Article XXVIII was temporarily implemented by A.B. 2011
I The 1967 Legislature used this authority to bive a new dimension to the
Lan Conservation Act. stick for measuring land use restrictions which warranted a new standard of valuation. The Legislature decided that land which is restricted to agriculture or compatible uses according to the lflilliamson Act should be assessed on the basis of its income generating value in agriculture. It found also that this assessment standard should prevail whether the restriction is reflected in lower sales prices or not. denied to the assessor the use of any sales data in the valuation process.
Williamson Act contracts were used as the yard-
Accordingly, it
The Land Conservation Act allows a property owner to contractually restrict the use of his land to agriculture for a minimum of ten years. counties and cities, the time restriction is longer. provide for automatic one year extensions at the annual anniversary date of the contract. each year but are in no case shorter than ten years.
Either the landowner or the local jurisdiction may begin a ten year (or longer, if that is the case) termination period by filing a Ehotice of nonrenewal" in any year. is treated as an expiring restriction with a fixed termination date and is assessed accordingly. This method of termination does not involve any penalty or payback of deferred taxes.
In some These contracts must
In this way, such rolling contracts are potentially renewed
Once such a notice has been filed, the contract
As a means of dealing with strictly emergency situations where the public interest no longer dictates that the contract be continued, another pro- cedure, called "cancellation", is permitted. When approved, such a cancellation is effective immediately.
The grounds for calcellation are prescribed in the Act. not sufficient grounds for cancellation. The opportunity for a more profitable I
use is not grounds for calcellation. has no effect upon the restriction and is not grounds for cancellation. If the grounds for cancellation and other requirements of the Act are met, the contract may be cancelled if cancellation would be consistent with the pur- poses of the Act and would be in the public interest.
One cancellation is approved, the landowner must pay a cancellation fee amounting to fifty percent of the new unrestricted assessed value. can be deferred or reduced if the county or city so decides.
Mutual assent is
Sale of the land in whole or in part
This fee
SAN DIEGO COUNTY
On November 23, 1971 , the County Board of Supervisors adopted Policy No. 1-38 entitled "Agricultural Preserves'' , setting forth official County Policy for implementation of the Land Conservation Act. The County Planning Commission subsequently adopted Policy No. P-3 to implement the Board policy and properly administer applications filed for agricultural preserves. following is a brief description of the Board's policy and application procedures.
The
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' ' The County haaepared an "Applicant's Guide 0 Proceduresfi for the . establishment of an aqricultural preserve. This document begins as - fol 1 ows:
An AGRICULTURAL PRESERVE is an area designated for agricultural purposes or for compatible recreational uses or open space. It is established, if deemed to be -in the public interest, by resolution of the Board of Supervisors. The purpose of establishing an agricultural preserve is to define the boun- daries of those-areas within which the County wiil be willing to enter into contracts pursuant to the California Land Con- servation Act of 1965 (the Williamson Act). Landowners within a preserve may enter into contract with the County to restrict the use of their land, whereupon the land assessment is based on the restricted use. and be of a prescribed size; it must be ascertained that any resultant reduction in assessed valuation of land will not place an unreasonabl e burden an other property owners.
The minimum size of 'land proposed for an agricultural preserve in the County is 100 acres, which may include two or more ownerships if they are contiguous. cums tances are exceptional (tree crops, truck crops, and field f 1 ower crops can qualify under a 20 acre minimum).
The minimum term is a period of ten years. A term of more than ten years may be required in certain cases if determined to be in the public interest. Also, a term of more than ten years may be author- ized by the Board upon a request by the property owner. renewal occurs annually unless written notice of nonrenewal is served upon either of the contracting parties.,
The applicant must own land devoted to agricultural, open space, or recreational use, or a combination thereof. The owner must be willing to restrict the use of the land to the uses set forth in the County's "standard contract form" which is made part of the resolution estab- lishing the agricultural preserve. preserve is initiated by a landowner or group of landowners upon filing of one or more separate'applications. If more than one ownership is involved, separate applications for each -individual ownership must be filed.
The applicant begins the process by submitting the foffowing:
Preserves must be. in e7fgibIe areas
Consideration is given to smaller preserves if cir-
Automatic
The original establishment of a
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An application for an agricultural preserve.
Three copies of a plot plan drawn to scale showing boun- daries and dimensions of subject property and indicating location of crops, structures, and roads.
One copy of a current assessor's map showing parcel(s) under consideration.
Four copies of a complete recordable legal description of property under consideration.
One lot book report and a plat map.
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The establishment of an agricultural preserve involves a study and analysis by the Department of Land Use and Environmental Regulation and public hearings by both the Planning Commission and the Board of Supervisors. After an application has been submitted, the Depart- ment conducts, a fte'fd investigation, df the property and surrounding area, consul ts with the "Agticul tural - Preserve Advisory Committee" (established by the Planning Commission's policy) and formulates reconanendations to the Planning Commission.'
Upon completion of the staff revi'ewing process, the matter, together with a zoning proposal for .concurrent consideration, is set for hear- ing before the Planning Comission. Notice of the Commission's hear-
ing is sent to owners of property within a 300 foot radius of the proposed preserve boundary.
If, at the 'conclusion af its hearing, the Planning-Commission recom- mends establishment of an agricultural preserves a 'Land Conservation Contract, and any required subordination agreements, is sent to the applicant for his signiture.
The matter is then set for hearing before the Board of Supervisors in a manner similar to that of the Planning Commission's hearfng. If, at the hearing, the Board approves the estzblishment of the agri- cul tural preserve and concurrent zoning amendments it adopts a reso- lution stating their findings. Executed contracts are then recorded.
Filing fees are as follows:
$200.00 -- for
$150.00 -- .for extending the boundaries of an estab'i iShed
single ownership, plus $20.00 for each addi- tional application of contiguous ownership.
pre.serve to include a single ownership, .plus $20-00 for any additional contiguous ownership.
After acceptance of application by the 6ounty, the processing usually takes 90 days or more until the preserve is established by the Board of Supervisors .
OTHER JURISDICTIONS
San Bernardino and San Luis Obispo Counties were also contacted for information regarding their programs. was obtained by phone interview with the two counties. are also true for San Diego County.
The following information The responses
(1) Neither county has any arrangement with any City for the administration of a preserve within a City's jurisdiction.
(2) Neither county forces an unwilling land owner into a preserve
(3) Each county has provisions to allow preserves of less than 100 acres.
(4)
(5)
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Only lands under ag preserve contract, as opposed to open space contracts, qualify for subvention monies from the State.
Open space and recreation lands, as well as agricultural lands, may be included under ag preserve contracts.
There is no income generating requirement for lands under ag preserve contract.
(7) Both counties have, or are preparing guidelines for the type of land they will consider.
CARLSBAD GENERAL PLAN
Many aspects of the General Plan of the City of Carlsbad have a direct, or indirect relationship to the establishment of an agricultural pre- serve program. The most direct reference is in the Open Space Element under agricultural resource management which states the City's objective "to prevent the premature elimination of prime agricultural lands .I'
Another key program related to this matter is found in the Land Use Element. This Element contains a recommendation for the establishment of an "Urban Land Reserve Program". be to prevent the premature development of land within the City's planning area.
The intent of this program would
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EXHIBIT “A” TO RESOLUTION NO. 3810
GUIDELINES FOR THE ESTABLISHMENT AND ADMINISTRATION OF AGRICULTURAL PRESERVES
‘PURPOSE
To set forth guidelines for the implementation of the California Land
Conservation Act of 1965, (Williamson Act).
BACKGROUND
In 1365 the State Legislature added to the Government Code Sections 57200
et.. seq. which authorized the City to establish agricultural preserves.
agricultural preserve is an area devoted to either agricultural use, open
space use, recreational use, or any combination of such uses, and compatible
uses which are designated by the City.
An
Preserves are established for the
purpose of defining thhe boundaries of those areas within which the City will
be wi!ling to enter into contracts pursuant to the Act. Landowners within a
pr2serve may enter into a Contract with the City to restrict their land to the
. uses stated above whereby the assessment on their land will be based on its
restricted use rather than on its market value.
GUIDELINES
I. Criteria for Establishment of Preserves
a) Public Benefit: An agricultural preserve shali be created only
when its establishment will be of benefit to the public.
b) Eligible Areas: Subject to the other’requirements set forth in
these criteria, the establishment of agricultura? preserves shall
be limited to those areas’and lands where sufficient planning has
been accomplished to assure that adequate'guidelines are available
for the delineation of agricultural preserve boundaries. "Sufficient
Planning" as used in this paragraph shall mean:
1) Those areas shown as "Possible Urban Reserve Areas" in the
Land Use Element of the Carlsbad General Plan, or
Those areas which are shown to be preserved as agriculture 2)
and/or open space in the Carlsbad Genera? Plan.
c) Unreasonable Tax Burden Not Created: The establishment of the
agricul tural preserse and consequent reduction in assessed value
of land, if any, shall not place anaunreasonable tax burden on
other property owners.
burden, prior to establishment of a preserve, a study of the
To assist in determining any possible tax .
potential impact of the preserve on local taxing agencies shall be
made and a report thereon shall be submitted to the Plsnn-ing
Commission and City Council.
d) Minimum Preserve Size: The minimum size of an agricultural preserve
shall be 100 acres, provided that in order to meet this requirement
the preserve may include two or more ownerships if they are contiguous.
Consideration will be given to the establishment of smaller pre-
serves where there are.exceptiona1 circumstances. Exceptional
circumstances shall include those situations where smaller preserves
are justified due to the unique characteristics of the agricultural
enterprises of the City and where such preserves would be consistent
with the General Plan. Exceptional circumstances shall exist where
in Southern California and particularly the
found. Examples of such activities- include
and open field flower crops. The minimum s
agricultural activities unique to the soil and climatic conditions
City of Carlsbad are
tree crops, truck crops
ze preserve to be
considered under this. provision shall be twenty (20) acres.
2. Hearings Prerequisite to Establishment: Agricultural preserves shall
be established by resolution of the City Council following the same
procedure as that required by the State Planning And Zoning Law for the
adoption of a General Plan, that is, following public hearings by both
the Pjanning Comission and the City Council. The same procedure shall
apply to any proposal to evpand boundaries of or to disestablish
preserve or to diminish the site of or otherwise remove all land from an
agricultural preserve.
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3. Minimum Ownership Size:- The resolution althorizing each agricultural
preserve shall prescribe minimum ownership sizes that landowners must
meet to be eligible for a contract. For improved agricultural land and
on which there may be a dwelling or dwellings provided said dwellings
are for the use of the immediate family or employees engaged in the
agricultural production of the premises, the recommended minimum
ownership size for the various agricultural activities are:
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Grazing
Dry Farming Cattl e Breeding Horse Breeding Poul try Dai ri es Tree Crops Truck Crops F1 owers (Fi el d) F1 owers (Hothouse)
600 acres 160 acres
160 acres 80 acres 40 acres 40 acres 15 acres 15 acres 15 acres 8 acres
For recreation use or open space the recommended minimum ownership
size is 20 acres.
reduced when there are exceptional circumstances that warrant a reduction
Any of the above specificed minimum acreages may be
in the required area.
a preseyve shall-be exempted from the foregoing minimum acreages.
Ownerships existing at the time of establishment of .
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4. . Zoning Regulations: Zoning regulations shall be applied to all lands
included in an agi-icul tura'l preserve and shall permit only agricultural
uses, open space use, recreational use and other uses determined to be
compatible with such uses. The application of such zoning regulations
shall be initiated by the City and considered concurrently with any action
to establish or expand an agricultura-1 preserve so that both shall become
effecii ve s imu1 tanecrusl y .
5. Contract Criteria
a) Eligible Land: To be eligible to file an application for an
agricultural preserve and enter in a contract with the City, an
applicant must own land devoted to agricultural use, open space
use, as defined in subdivision (o), Section 51201, Government
Code, recreational use, as defined in subdivison (n), Section
51207 Government Code, or combination thereof. The owner must be
will-ing to restrict the use of his land 'io the uses set forth in-
the "Standard contract form" which is made part of the resolution
establishing an agricultural preserve. Summary definitions of
these uses are:
(1) "Agricultural use" means use of the land for the purpose of
- producing agricultural commodities for commercial purposes.
(2) "Open Space" means the use of the land to preserve its
. natural characteristic beauty, or openness for the benefit
of the public, if such land is in:
(a) A scenic highway corridor
(b) A wildlife habitat
(c) A sal tpond
(d) A managed wetland
(e) A submerged area
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(3) "Recreational use" means the use of the land by the public
with or without charge, for uses such as: walking, hiking,
p i c n i c k i n g , camp i ng , sw i mm i n g , boat i n g , f i s hi ng , hunt i n g ,
or other outdoor games or sports. Any fee charged for
recreational use of land shall be in a reasonable amount and
shall not have the effect of unduly limiting its use by the public.
b) Eligible Ownerships:
the City, an applicant must comply with the recommended minimum
To be eligible to enter into a contract with
ownership size provisions of Section 3., above.
c) Limitation on Division of Land: Each contract shall contain a
provision prohibiting an owner from dividing his land so as to
create a parcel of land having a net area of less than a prescribed
minimum.
d) ---- Nonconform3 Uses to be Eliminated:
preserve shall be used only for agricultural purposes for producing
All land in an agricultural
agricultural commodities , or for recreational or open space uses
and uses compatible therewith.
prior to the establishment of a preserve shall be treated as legal
nonconforming uses as such uses are defined in the Zoning Ordinance,
provided that any nonconforming use shall be eliminated from any
Any other uses which may have existed
land with respect to which a contract'is executed, and such contract
shall not be effective until such nonconforming use is eliminated.
c_ Term: e) The initial term of contract shall be for a minimum period of
IO years.
City Council for certain preserves where it is determined to be in
the public interest.
be.authorized by the Council upon a request by a property owner.
An initial term of more than 10 years may be required by the
Also, an initial term of more than 10 years may .
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f) Automatic Real: When the initial term oentract is for less
than 20 years, beginning with the first day of January after the
effective date of the contract, a year shall be added automatically
to the initial term and on 'each succeeding anniversary thereafter
unless or until a notice of nonrenewal is given as provided below.
When the initial term of-contract is for 20 years or more, beginning
with the anniversary date on which the contract will have an un-
expired term of nine years, a year shall be added automatically to the
initial term on each succeeding anniversary date thereafter unless
ob until a notice of nonrenewal is given as provided below.
Nonrenwal: g) If either the owner or the City desires in any year
not to renew the contract, the party shall serve written notice of
nonrenewal upon the other party in advance of the annual renewal date.
A notice of nonrenewal of a contract shall be given in the sake
manper as provided in Section 51245 of the Government Code, and such
notice, whether by a property owner or the City, shall be recorded
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with the County Recorder by the City Clerk prior to the January 7
renewal date.
Cancel 1 ation of Contract 6.
Mcltual Consent and Necessary Findings: An owner may petition the
City Council for cancellation of a contract as to all or any portion
of the land which is subject to the contract but the contract may
not be canceled in whole or in part except by mutual agreement of the
owner and City pursuant to Section 51282 of the Act (Government Code):
The City may only consent to the cancellation of a contract in
whole or in part when, after a public hearing has been held in
accordance with the provisions of Section 51284.of the Act
(Government Code), the Council finds (1) that the cancellation is not
inconsistent with the purposes of the Act, (2) that the cancellation
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is in the public interest, and (3) that it is neither necessary
nor desirable to continue the restrictions imposed by the
contract; provided, however, a contract shall not be canceled
until the hereinafter specified cancellation fee has been paid.
b) Cancellation Fee: .If cancellation occurs within the first five-year
period of the contract, the cancellation fee shall be an amount
equal to 100% of the assessed valuation of the land unencumbered
by the Contract as determined by the County Assessor; if cancellation
occurs after the expiration of the first five-year period of the
term of a contract the cancellation fee shall be an amount equal to
100% of the assessed valuation of the land less 5% of said assessed
valuation for each year the contract has remained in effect in
excess of the first five-year period; provided, however, notwith-
standing the foregoing, in no event shall the cancellation fee be
less than an amount equal to 50% of the assessed valuation of the
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land.
The City Council may waive or defer payment of the cancellation
fee or any portion thereof in accordance with Section 51283 of the
Government Code.
7. Eminent Domain:
a) Except as provided in subdivision d. below, when any action in eminent
domain for the condemnation of the fee title of an entire parcel of
land subject to a contract is filed or when such land is acquired
in lieu of eminent domain for a public improvement, the contract
shall be deemed null and void as to the land actually being condemned
or so acquired as of the date the action is filed and for the purposes
of establishing the value of such land,. the contract shall be deemed
never to have existed.
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Except as provided in subdivision d, below, when such an action
to condemn or acquire less than all of a parcel of 1and.subject
to a contract is commenced the contract shall be deemed null and
void as to the land actually condemned or acquired and shall be
disregarded in the valuation process only as to the land actually
being taken, unless the remaining land subject to the contract will
be adversely affected by the condemnation, in which case the value
of that damage shall be computed without regard to the contract.
The land actually taken shall be removed from the contract. Under
no circumstances shall land be removed that is not actually taken,
except as otherwise provided in the Act.
The provisions of subdivisions a and b and the provisions of
Section 51295 of the Act shall not apply to or have any force or
effect with respect to (7) the filing'of any action in emirrent
domain for the condemnation of any easement for the erection,
construction, alteration, maintenance, or repair of any gas,
electric, water or communication facilities by any public agency or
to the acquistion of any such easement by any public agency or
(2) the filing of any action in eminent domain by any public agency
for the condemnation of the fee title or lesser estate for the
establishment, construction (including the widening and realignment)
and maintenance of any road, street or highway, whether existing
or planned for the future, depicted on the circulation element of the
City of Carlsbad General Plan adopted by said Council prior to the
date of the contract, and in the event of the filing of any such
action in eminent domain or acquistion the contract shall be
considered in the valuation process.
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0 0 8. Processing Applications:
All inquiries by the public pertaining to the establishment or
at teration of boundaries of agricultural preserves shall be
directed to the Planning Department.
The original establishment of an agricultural preserve shall be
initiated by a landowner or group of landowners upon the filing
of an application, or separate applications.
ownership is involved, there shall be filed a separate application
for each individual ownership.
A separate appl icati on s ha1 1 be fi 1 ed by each 1 andowner des iring
If more than one
to add property to an existing preserve.
All applications shall be submitted to the Planning Department on
a form approved by the City Council and furnished by the Planning
Department.
All persons proposing to file an application to establish a pre-
serve or add property to an existing preserve shall be furnished
a copy of an approved standard form of contract, together with the
application form which shall include a statement of intention,
indicating the owner's willingness and intention to enter into a
contract with the City.
No filing fee shall be required for application.
Each application shall be signed by the owner or his authorized
agent.
Prior to acceptance of an application, it shall be reviewed by the
Planning Department for completeness and adequacy of information.
If complete, it shall then be accepted for filing and a case number
assigned .
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The Department shall undertake processing of the application and
have prepared :
A vicinity map at appropriate scale to clearly show subject
property or properties in relation to such features as existing
agricultural preserlres, main roads and other orienting features.
Ownership map(s) showi ng subject property and surrounding prop-
erties.
An existing land use map, a map showing boundaries of special
districts, improvement districts, tax code areas, and other
maps and data as deemed necessary.
A map depicting the boundaries of the proposed agricultural
preserve or the adjustment of boundaries of an existing
preserve.
The Planning Department sha.11 notify the applicant and all public
agencies having an interest in any area proposed to be included in
a preserve, giving notice of the date of the pre-hearing conference
thereon, and soliciting their reactions either in writing or by
presence at the meeting.
Prior to the pre-hearing conference, the Planning Department will
conduct a field investigation of the applicant's properties and
surrounding area to make an analysis of the area and select a
tentative preserve boundary.
Following the pre-hearing conference, the Planning Department shall
formulate a recommendation to the Planning Commission.
If the Department's recommendation is favorable, the matter together
with a zoning proposal for concurrent consideration, shall be set
f6r hearing before the PI anni ng Commission.
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. n) If the Department's recommendation is not favorable, the matter
shall be presented to the Planning Commission to determine whether
a hearing shall be held.
'hearing on the matter, the applicant may appeal the Commission's
decision to the City Council which may direct the Commission to hold
a hearing.
Except when the Planning Commission declines to hold a hearing,
a public hearing shall be held by the Plannipg Commission within
30 days following acceptance of an appljcation to consider the
proposed preserve or boundary ad justnlent and the proposed zoning,
provided that said 30-day period may if necessary be extended by
the Planning Commission.
The Planning Department shall prepare and have published in a
acxspaper of genera? cixulation ir, the area under conssderat-icn,
a notice of public hearing to be published at least 10 days prior
to the hearing date.
If the Commission declines to hold a
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q) At least 10 days prior to the hearing date, the Department shall
mail notice of the Commission's hearing to all owners of property
within the proposed preserve or area affected by a proposed boundary
adjustment, and to a17 owners of property within a minimum distance
of 300 feet, the names and addresses of which shall be determined in
accordance with Section 65905 of the Government Code.
In the event the preserve or additional territory includes owners
who were not applicants, such owners shall also be sent an application
form and a copy of the standard contract form if their land appears
to qualify for inclusion in an agricultural preserve.
shall be accompanied by an appropriate letter of explanation with
a request that should an owner desire to file an application it should
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The forfils
be completed and submitted to the Planning Department at the earliest -.
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possible date.
At the public hearing, the Department will present its report and s)
recommendation to the Commission which may close the hearing and
forward its recommendation to the City Council or continue the hearing
to a date certain.
t) If, at the conclusion of its hearing, the Planniing Commission
recommends establishment of an agricultural preserve, the Planning
Department shall proceed to secure contracts from each eligible
applicant listed in the letter, and listing any special provisions
imposed by the Planning Commission at it hearing.
The Planning Department shall:
1) Send a letter to each eligible applicant requesting a current
"title report" or "lot book report'' showing all legal and equit-
able interest in the subject property.
2). Upon receipt of the title information indicated in'item '(1)
above, prepare a contract and subordination documents if the
reports indicate that the property is encumbered by any liens
mortgages, or deeds of trust, provided that such subordination
documents shall not be required if the total encumbrances of
any such liens, mortgages, or deeds of trust, in the aggregate,
do not exceed 66-2/3% of the total full cash value of the
property as determined by the County Assessor.
3) Mail the contract to each eligible applicant with a letter
requesting:
a> That the contract be signed by a1.1 persons who own the
property as shown in the title report or lot book report
(including corporations and partnerships).
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b) That the contract be returned prior to a date specified
for the hearing before the City Council or as soon there-
after as possible.
That any subordination agreements that are required be signed
by the appropriate lien holders and returned with the contract. .
c)
Verify that the documents have been properly executed by the
necessary parties and that the legal description that is attached
_. corresponds with the area shown on the map of the preserve pro-
vided by the Planning Department.
Forward the executed contracts to the City Council for their
review and approval.
u) Within 40 days following the Commission's action or such extended
period as may be approved by the City Counci?, the City Clerk shall
cause to be published in a newspaper of general circulation in the
area under consideration, a notice of public hearing to be published
at least 10 days prior to the date of the hearing; provided, however,
that when the Commission's recommendation is for denial, the Council
shall not be required to hold a hearing.
Any. necessary contract negotiations between the City and applicants
shall be conducted by the City Xanager with whatever assistance is
needed from the City Attorney or other City offices or departments.
At the conclusion of its hearing, the Council may order the
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establ ishment and effectuation of the agricultural preserve or
boundary adjustment, and amendment to the Zoning Ordinance to
effect zoning regulations for, or to change the.zoning classification
of, the area under consideration, said Zoning Ordinance amendments
to be an urgency measure in order to be effective simultaneously
with establishment of the preserve.
Hithin 20 days following approval of an agricultural preserve, the x)
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City Clerk shall :
1) File with County Recorder a map of the agricultural preserve,
the resolution by which established, and any ordinance or resolution
affecting the use of land in the preserve, and the original or
a copy of each contFact.
2) File with the State Director of Agriculture a map of the
agricultural preserve, the resolution by which established, any
ordinance or resolution affecting the use of land in the preserve,
and a-copy of each contract.
File with the County Assessor, a map of the agricultural preserve,
the resolution by which established, any ordinance or resolution
3)
affecting the use of land in the preserve, and a copy of each
contract.
4) Furnish each owrier who is party to cotitrdct a copy of his
contract.
y) On or before the first day of Septeniber of each year, the County
Assessor shall report to the Director of Agriculture and to the State
Board of Equalization the following information with respect to
each school district or portion of a district within the City in
which there is land under contract pursuant to this chapter:
1) The number of acres of land under contract during the preceding
fiscal year.
The number of acres under contract during the current fiscal
year for the first time.
The total acres of land under contract.
2)
3)
z) The Planning Department shall pr-epare and maintain a reproducible
map or tnaps of each preserve on which each ownership that is party
to a contract shall be shown.
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-1 4-
9. Application Fees: No fees are required.
10. Application to Remove Land From a Preserve: If the owner of land in an
agricultural preserve that is or is not subject to a contract wishes to
remove his land from the preserve he must file an application.
procedures shall be followed for the enlargement of a preserve and in
compiiance with all provisions specified in the Act.
Execution of Contracts Covering Land Included Within an Established
The same
11.
Preserve:
agricultural preserve, but which is not covered by a contract, makes
Where the owner of land which is included within an estabJished
application with the City to enter into a contract covering such ownership,
the contract will be processed by the Planning Department in the same
manner as a contract for land not yet included within an established
preserve provided, however, that the Planning Director shail not forward
the executed contracts to the City Council for review and approval.
15
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APPLICATICN TO ESTABLISH AN ASRICULTUEAL PRESERVE .
Instructions to Applicant
1. Suknit to:
P1 anning Department City of Carlsbad 1200 Elm Avenue Cartsbad, CA 92008
2. Complete all Sections below
For Dcpartm-cnt Use Only
Application No.
Accepted by
Date
SECTION A-THE O!<FfEF! -
- Name of Owner(s)
Mailing Address
felephone (include area code) Home Business-
--- Street Address City State- Zip
t -- ---
SECT1 ON C-THE PRO?tRTY
Location of Property Size (acres )
Assessor Parcel F:o. (5)
Please attach one copy of a complete legal description for which application applies
s - -
SECTION I)-NAP
Attach two copies of a map, drawn to scale, which shows boundaries and dinensions
-of subject property, the approximate location and use of all dwellings and other
buildings, and the approximate location and acreage of various crops or acreage
devoted to pasture, livestock, pou? try or other agricultural or ncnagricul tural
activities. For Citrus andfor avocado groves {or other tree crops) in addition
to locating them on map, show the number of trees by age for each type.
SECT ION E- ECOXO?l I C FACTORS
L4st below, or on attached sheet-if additional space is required, the annual gross and net return per acre realized from each unprocessed agricultural product pro- duced om the property for each of the previous five years: -- ficati Crops and/or Type & No. of 1 Acres Devoted to /Net Income Each Use lFer Acre 1 I Livestock, Pollitry, Etc. I I 1
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4
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0 0 -..- SECTION F-STATEMENT OF REASOfIS -
.. 2. List (and show on nap) number 0.f acres for each category of land not usable for agriculture dve to poor topography, poor soil, or devoted to building sites, yards, roads, etc..
SECTION I-DESCRIPTION OF FUTURE USES
I, Are there higher-value agricultural uses for your land? Yes
* No If yes, please describe types(s) and acre(s)
*
State below, or on separate sheet if additional space required, reasons why property should be placed in an aaricul tural prescrsre.
I"- -.
I. Approx. length of each size and type of pipe (Ex.1,000 ft. of 2" galvanized)
-- -
'SECTION G-DESCRIPTION OF IRRIGATION SYSTEFI
Type(s) of system (Ex. permanent, risers with sprinkler heads to each tree)
3. Pumps (Ex. one 5 HP Turbine) *
4. Water storage tank, pressure tanks and reservoirs
Construction materia 1
5. Number of acres served by irrigation system
a. Currently in use
-.
-
Capacity in Gallons
acres. b. Total system acres --
- -
SECT1014 H-CESC21PTIO:i OF EXISTI::C; !iO::A*YtICULTUP.:L USCS --
I. Describe below, or on attached sheet if additional spacs required, all nonagricultural activities conrjucted on subject property for corirercial purposes, and approximate acreage devoted to exh and, list gross and net Sncome for last 5 years for each nonagricultural colrmercial activity re- lated to this property.
2. Describe anticipated future changes in the type and quantity of aaricuitural
or nonagricultural activities
.
a "C" TO RESOLUTION NO.
LAND CONSERVATION CONTFiACT
Agricultural Preserve No. _.
THIS CONTRACT, made and entered into this day of 19 - , by and between
hereinafter referred to as "Owner", and the City of Carlsbad, a political subdivision of the State of California, hereinafter referred to as "City":
GI I T N E S S E T H:
WHERiAS, the Owner represents that he is the owner of certain land located in the City of Carlsbad, County of San Diego, State of California, which land is presently devoted to agricultural uses, recreational uses, open space, or combination thereof, as authorized in Exhibit 'IB" attached hereto and lies with- in an agricultural preserve heretofore established or to be established and
designated the
Agricultural Preserve No. , said land being more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the Preniises; and
WHEREAS, the Ownw and the City desire to limit: the use of Premises .to .
agricultural and compatible uses, recreational uses or open space uses or some combination thereof:
IT IS AGREED by and between the Owner and the City as follows:
Section 1. CONTRACT. This a a "Contract" made pursuant to the California *Land Conservation Act of 1965, as amended as of the date first above written, including amendments enacted at the 1970 Regular Session of the California L-egislature, (hereinafter referred to as the "Act") and is applicable to the Premises . ..
Section 2. TERM. This Contract shall take effect on 9 19-9 'and shall remain in effect for a'period of ten years therefrom and during any renewals of this Contract.
Section 3. RENEWAL. NOTICE OF NONRENEWAL. This Contract shall be automatically renewed for a period of one year on the first day of the first January after the effective date and on the first day of each January thereafter unless written notice of nonrenewal is served by the Owner on the City at least 90 days prior to said date or written notice of nonrenewal is served by the City on the Owner at least 60 days prior to said date. Under no circumstances shall a notice of renewal to either party be required to effectuate the automatic re- newal of this Contract.
E i
f
Upon receipt by Owner of a notice from City of nonrenewal, the Owner my make written protest of such nonrenewal. the renewal date withdraw the notice of nonrenewal. the City Council may authorize Owner to serve a notice of nonrenewal on a portion of the land which is the subject of this Contract. serves notice of intent in any year not to renew this Contract, this Contract shall remain in effect for the balance of the period remaining on the term since the original execution or the last renewal of this Contract as the case may be.
all renewals thereof, the Premises shall be devoted to agricultural uses and compatible uses and shall not be used for any purposes other than agricultural uses or compatible uses as spectfied in Exhibit "5" attached hereto.
City may at any time prior to
Upon request of Owner,
If either party
Section 4. AUTHORIZED USES. During the term of this Contract and any and
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Section 5. ADDITION OR ELIMINATION OF AUTHORIZED USES. The City Councii of the City; by resolution, may from time to time during the term of this Contract or any renewals thereof amend the resolution establishing said
Agricultural Preserve to add to those authorized US~S or eliminate a use listed in Exhibit "5" which authorized uses shall be uniform throughout said Agricultural
Preserve; provided, however, no amendment of such resolution during the term of this Contract or any renewal thereof so a5 to eliminate any use shall be applicable to this Contract unless the Owner consents to such elimination.
Section 6. POLICE POGIER. Nothing in the Contract shall be construed to limit the exercise by the City Council of the police power or the adoption or readoption or amendment of any zoning ordinance or land use ordimnce, regulatioq or res- triction pursuant tc the Plcinnifig afid Zoning Law (Sections 65000 et seq., Government Code) or otherwise.
Section 7. ZONING. This Contract shall not be construed to authorize the establishment or continuation of a use of real property contrary to any pro- vision of the Zoning Ordinance (Title 21 of the Carlsbad Municipal Code), any amendments thereto, heretofore or hereafter adopted.
Section 8. EMINENT DOMAIN. (a) Except as provided in subdivision (d)
of this Sect5on 8, when any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to this Contract is filed or when such land is acquired in lieu of eminent domain for a public improvement
by a public agency or person or whenever there is any such action or acquisition by the Federal government or any person, instrumentality or agency acting under authority or power of the Federal government, this Contract shall be deemed null and void as to the land actually being condemned or so acquired as of the date the action is filed and for the purposes of establishing the value of such land, this Contract shall be deemed never to have existed. Upon the termination of such proceeding, this Contract shall be null and void as to all land actually taken or acqu i red.
action to condemn or acquire less than all of a parcel of land subject to this Contract is commenced, this Contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valuation
(b) Except as provided in subdivision (d) of this Section 8, when such an
..
e 0 process only as to the land actualiy being taken, unles's the remaining land subject to this Contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to this Contract.
(c) The land actually taken shall be removed from this Contract. Under no circumstances shall land be removed that is not actually taken, except as otherwise provided in th2 Act.
(d) The provisions of subdivision (a) and (b) of this Section 8 shall not apply to or have any force or effect with respect to (1) the filing of any action in eminent domain for the condemnation of any easement for the erection, constructiov, alteration, maintenance, or repair of any gas, electric, water or communication facilities by any public agency (including the City) or public utility or to the acquisition of any such easement by any public agency
(including the City) or public utility, or (2) the filing of any action in eminent domain by any public agency (including the City) for the condemnation
of the fee title or lesser estate for the establishment, construction (including the widening and realignment) and maintenance of any road, street or highway, whether existing or planned for the future, depicted on the Circulation Element of the City of Carlsbad General Plan adopted by the City Council (including any amendments thereto adopted by said Council prior to the date of this Contract) or depicted on the plat attached to this Contract and marked Exhibit "C" or to the acquisition of any such fee title or lesser estate for such purposes by the State of California or any public agency (including the City); and the filing
of any such action in eminent domain for the condcmnation of or the acquisition
of any such easement, f?e title or lesser Pst8te shal'l not terminate, nullify or
void this Contract and in the event of the filing of any such action fn enimnt domain or acquisition this Contract shall be considered in tht! valtiation process.
Section 9. NO PAYMENT BY CITY. The Ownw shall not receive any payment from the City in consideration of the obligations imposed hereunder, -it being recognized and agreed that the consideration for the execution of the Contract . is the substantial public benefit to be derived therefrom, and the advantage
which will accrue to the Owner as a result of the effect on the assessed valuation of land described herein due to the imposition of the limitations on its use containeti herein.
cancellation of this Contract as to-all or any portion of the land which is sub- ject to this contract but this Contract may not be canceled in whole or in part except by mutual agreement of the Owner and City pursuant to Section 51282 of the Act (Government Code). this Contract in whole or in part when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the Council finds (1) that the cancellation is not inconsistent with the pur- poses of the Act, (2) that the cancellation is in the public interest, and
(3) that it is neither necessary nor desirable to continue the restrictions imposed by this Contract; provided, however, this Contract shall not be canceled until the hereinafter specified cancellation fee has been paid, unless such fee or some portion thereof is waived or deferred pursuant to subdivision (c) of Section 51283 of the Act (Government Code). As provided in said Section 51282, the existence of an opportunity for another use of the land involved (Premises) shall not be sufficient reason for cancellation and a potential alternative use of the land may be considered only if there .is no proximate, noncontracted land suitable for the use to which it is proposed the land (Premises) be put.
Section 70. CANCELLATION. (a) The Owner may petition the City .Council for
City may only consent to the cancellation of
The
uneconomic character of an existing agricultural use shall 1ikew.ise not be sufficient reason for cancellation and the uneconomic character of an existing agricultural use shall likewise not be sufficient reason for cancellation and the uneconomic character of the existing use may be considered only if there is no other reasonab?e or comparable agricultural use to which the land (Premises)
may be put.
Prior to any action by the City Council giving tentative approval to the cancellation of this Contract, the County Assessor shall determine the full cash value of the land as though it were free from the restrictions of this
Contract. The Assessor shall multiply such value by the most recent County ratio announced pursuant to Section 401 of the Revenue and Taxation Code and shall certify the product to the City Council as the cancellation valuation of tf-iz land for the purpose of determining the cancellation fee hereinafter spec- ified.
(b)
(c) Prior to giving tentative approval to the cancellation of this Contract the City Council shall determine and certify to the County Auditor the amount of the cancellation fee which the Owner must pay the County Treasurer as deferred taxes upon cancellation. Notwithstanding the provisions of subdivision (b) of Section 51283 of the Act (Government Code), if cancellation occurs within the first five-year period of the term of this Contract, the cancellation fee shall be 100% of the cancellation valuation of the land; if cancellation occurs after the expiration of the first five-year period of the this Contract the cancellation fee shall be an amount equal to 100% of the cancellation vzluation of the land less 5% of said cancellation valuation of each year this Contract has remained in effect in excel1 of the afcremenlioned first five-yesr period; -provided, i~oweve)-, in no event shall the cancellation fee be less than an amount eqtral to 50% of the cancellation valuation of the land. date this Contract is initially entered into the publicly annoQnced County ratio of assessed to full cash value is changed, the percentage payment specified in this paragraph shall be changed so no greater percentage of full cash value will be paid than would have been paid had there been no change in scch ratio.
If after the
(d) The City Council may waive or defer payment of the cancellation fee or any portion thereof in accordance with subdivision (c) of Section 51283 of the Act (Government Code).
Upon approval by the City Council of the above tnentioned cancellation petition and payment of the cancellation fee, the City Clerk shall
record in the office of the County Recorder a certificate which shall set forth the name of the owner of such land at the time the Contract is canceled with the amount of the cancellation fee specified by the City Council pur- suant to Article 5 of the Act (Section 51281 et seq., Government Code) and a legal description of the property. certificate, this Contract or such protion thereof as is appropriate shall be final ly conce’l ed.
(e)
.
From the date of recording of such
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(f) petition the City
Upon approval by the City Council of the above mentioned cancellation
and waiver or deferment in whole or in part of the cancellation fee, Clerk shall record in the office of the County Recorder a certificate which shall set forth the name of the owner of such land at the time the contract is canceled with the amount of the cancellation fee specified by the City Council as being due. pursuant to Article 5 of the Act (Section 51281 et seq., Govern- ment Code), th2 contingency of such waiver or deferment of payments, and a legal description of the property.- From the date of recording of such certi- ficate the Contract shall be finally canceled, and to the extent the cancellation fee has not yet been paid or waived, a lien shall be created and attached against the real property described therein and any other real property owned by the person
named therein as the o\mei* and iocalcc; !+';':ig -?.is Ci?;. CL;C!I 'I-ien sha17 he in Favor of the City, shall have the force, effect and priority of a judgment lien and shall remain in effect until the unwaived portion of the cancellation fee is paid in full. Upon the payment of the cancellation fee or any portion thereof, the City Clerk shall record with the County Recorder a written certi- ficate of the release in whole or in part of said lien.
Section 12. DIVISION OF LAND - MINIMUM SIZE PARCELS. The Owner shall not divide the Premises contrary to the restrictions on the division of Premise.s as set forth in Exhibit "6" attached hereto.
Section 13. CONTRACT BIDS SUCCESSORS. The term llOwi7er" as used in this Contract shall include the singular and plural and this Contract shall be binding upon the intire to the benefit of all successors in interest of the Owner inclgding but noL limited to heirs, executors, administrators and assignees.
divided, the Owner of any parcel nay exercise, independent of any other owner of a portion of the divided land, any of the rights of the Owner in the original Contract including the right to aive notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created
by the division of land or any portion thereof subject to this Contract shall not be imputed to the owners of the remaining parcels and shall- have no effect on this Contract as it applies to the remaining parcels of the divided land.
In the event the land under this Contract or any portion thereof is
Section 14. REMOVAL OF LAND FROM PRESERVE. Removal of any land under this Contract from an agricultural preserve, either by change of boundaries of the preserve or disestablishment of the preserve shall be the equivalent of a notice of nonrenewal b.y the City; provided, however, that the City shall, at least 60 days prior to the next renewal date following the removal, serve a notice of nonrenewal as provided in Section 51245 of the Act (Government Code). Such notice of nonrenewal shall be recorded as provided in Section 51248 of the Act (Government Code).
Section 15. CONVEYANCE CONTRARY TO CONTRACT. Any conveyance, contract or authorization (whether oral or written) by the Owner or his successors in interest which would permit the use of the Premises or create a division of the Premises contrary to the terms of this Contract, or any renewal thereof niay be declared void by the City Council; such declaration or the provisions of this Contract may be enforced by the City by an action filed in the Superior Court of the County for the purpose of compelling compliance or restraining a breach thereof.
Section 16. OWNER TO PROVIDE INFORMATION. The Owner, upon request of the City, shalt provide information relating to the Owner's obligations under this
Contract .
Section 17. addition to any other method authorized by law, be given by United States mail, postage prepaid.
NOTICE. Any notice given pursuant to this Contract may, in
Notice to the City shall be addressed as follows:
City Clerk City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008
Notice to the Ower shall be addressed as follows:
.
on the day first above written. IN I.IITNESS biHEREOF, the Owner and the City have executed this Contract
Owner
This is to certify that the foregoing contract is hereby executed on behalf of the City Council
of said City of Carlsbad pursuant to authoritv conferred bi City Counci 1 ' Resol uti on No. adopted on and the City consents to recordation thereof by its duly
-
authorized officer.
Date BY C?@ Clerk
NOTE: All signatures of owners must be acknowledged before a notary public or public officer authorized to take acknowledgments.
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EXHIBIT B
0
AGRICULTURAL PRESERVE NO.
Section 1.
uses are permitted:
a) The following agriculturdl uses:
In the above named Agricultural Preserve only the follow-
7) Cattle, sheep, goats and swine production, provided that
the number of any one or combination of said animals shall
not exceed one animal per half acre of lot area. Said animals
shall not be located within fifty feet of any habitab7e struc-
ture, nor shall they be located within three hundred feet of
habitable structure on an adjoining parcel zoned for rcsiden-
tial uses, nor shall they be located within one hundred feet
of a parcel zoned for residential uses where a habitable struc-
ture is not involved.
parcel zoned for residential uses shall be the greater of the
dis-tailccs so indicated;
In any event, the distance from the
2) Crop product-i on ;
3) Floriculture;
4) Greenhouses;
5) Horses, private use;
6) Nursery crop production;
7) Poultry, rabbits, chinchillas, hamsters and other small animals
provided not more than twenty-five of any one or combination
thereof shall be kept within fifty feet of any habitable structure,
nor shall they be located within three hundred feet of a habit-
able structure on an adjoining parcel zoned for residential uses,
nor shall they be located within one hundred feet of a parcel
zoned for residential uses when a habitable structure is not
involved.
residential uses shall be the greater of the distances so indicated;
In any event, the distance from the parcel zoned for
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Roadside stand for display and sale of products produced on
the same premises, provided that the floor area shall not
exceed two hundred square feet and is located not nearer
than twenty feet to any street or highway;
Tree farms;
Truck farms;
Wildlife refuges and game preserves;
Other uses or enterpirses similar to the above customarily
carried on in the field of general ,agriculture.
The following uses if necessary and incidental to the agri-
cultural use of the land:
a) Accessory uses and accessory bui I dings and structures ,
including but not limited to private garages, children's
playhouses, radio and television receiving antennas,
windmills, silos, tank houses, shops, barns, offices,
coops, lath houses, stables, pens, corrals, and other
similar accessory uses and structures required for the
cdnduct of the permitted uses;
Dogs, ccits and other doniestic pets, prov.ided not more
than four dogs or four cats older than six months or
any combination thereof shall be kept on any lot or
parcel of 1 and;
c) Farmhouse, single-family dwelling;
d) Guest house;
e) Home occupation.
.
h)
b) The following compatible uses:
1 )
2) Bicycle paths;
3) Horse trails;
4) Open space easements;
5) Parks, public;
6) City picnic areas ;
7) City playgrounds;
8)
9) Public lands;
10)
11) Slope easements;
Beaches and s horel i ne recreation, pub1 i c ;
Pub1 ic access easement, nonvehicular;
Scenic easement and scenic highway. corridors;
12)
13) Vista points.
14)
Trans porta ti on rights-of-way;
The following uses if necessary and incidental to the above uses:
a) Pub1 i c restrooms *
b) C1 u bhouses
c) Parking areas .
d) Barbecue and fire pits
f) Stairways
. e) Playground equipment
.. g) Patios
h) Changing rooms .
i) Pool filtering equipment
j) Fencing
k) Other similar accessory uses and structures required for
the conduct of the permitted uses.
c) The following compatible uses, provided a conditional use permit
authorizing such use is issued by the Planning Commission or City
Council of the City of Carlsbad. Such conditional use permit shall
be applied for, considered, Granted or denied !:n'the nanner pi-escriked
by the Zoning Ordinance of the City of Czi-]bad for the application far,
consideration, granting or denying of applications for conditional use
permits under that ordinance.
1)
. .
Apiary, provided that all hives or boxes housing bees shall be
p'laced at least four hundred feet from any street, school, park,
"R" zone, or from any dwelling or place of human habitation
other than that occupied by the owner or caretaker of the apiary; *
2) Aviaries;
3) Poultry, rabbits , chinchillas, hamsters and other small animals
in excess of the number specified in Section 21.07.020;
4) Farm employee housing for persons working on site, provided the
number of units shall not exceed two per gross acre of land area
and no such housing is located closer than fifty feet from any lot
1 ine;
5) Hay and feed stores;
6) Nurseries, retail and wholesale;
-.
Packiny 0 sheds or small processing for farm crops,
similar to those be'rng grown on the premises, provided no
such processing plant is located within fifty feet of any
lot line;
Pub1 ic works projects;
Sanitary 7 andf i 7 1 s , temporary;
Stables and riding academies, public;
Grocp or organized camps;
Marinas ;
Playfields and athletic fields, including courts;
Public facilities, structures;
Recreational campgrounds;
Utility facilities, structures or easements;
Other related cultural, entertainment and recreational
activities and facilities;
Go1 f courses ;
Swimmi ng pool s ;
Tennis courts;
Private playgrounds;
Fr-ivate picnic areas. ~.
Note:
be in a reasonable amount and shall not have the effect of unduly limiting its
.use by the public.
Any fee charged for the recreational use of land as def-ined herein shall
- d) The use or maintenance of the land within said agricultural preserve
in such a manner as to'preserve 'its natural characteristics, beauty
and openness for the benefit and enjoyment of the public, to provide
essential habitat for wildlife or for the solar evaporation of sea
water in the course of salt production for commercial purposes is
authorized and such use shall be defined as "Open Space Uses" if such
land is within:
1)
2)
. 3)
A scenic highway corridor, as defined in subdivision (i) of
Section 51 201 , Government Code.
A wildlife habitat area, as defined in subdivision (j) of
Section 51 201 , Government Code.
A saltpond, as defined in subdivision (k) of Section 51201,
Government Code.
4)
5)
A managed wetland area, as defined in subdivision (1) of
Section 51201, Government Code.
A submerged area, as defined in subdivision (m) of
Section 51201, Government Code.
Section 2. Notwithstanding the provisions of Section 1, no dwelling,
guest hwse, farm employee housing or farm labor camp shall be constructed,
erected or maintained upon any premises containing an area of less than 10
acres; provided, however, one single family dwelling may be constructed and
maintained on the premises subject to this Contract.
Nothing herein shall. be construed to authorize the establish-
ment or continuation of a use of real property contrary in any provision of
the ZonSng .Ordinance of the City of Carlsbad including any amendments thereto,
Section 3.
heretofore or hereafter adopted.
The premises subject to this Contract shall not be diyided
so as to create a parcel of land having an area of less than IO acres, pro-
vided that this restriction shall not be construed as prohibiting the owner
or' premises having an area of more than 10 acres (hereinafter referred to as
the Grantor) fron conveying'to the owner of cdntiguous ?remises subject to
a Contract of equal or loix~er uxxpired term a parcel containing less than
10 acres for the purpose of enlarging such contiguous premises where the
remainder of the Grantor's premises after such conveyance has an area. of not
. Section 4.
f
. less than 10 acres.
Section 5. "Area" means an area of land inclusive of that land within
easements or fights of way for roads, streets and/or highways.
Zoning Ordinance of the City of Carlsbad shall apply to the words used
herein unless otherwise specifically defined herein.
Section 6. Definitions. .The definition of words set forth in the