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HomeMy WebLinkAbout1983-08-02; City Council; Resolution 73101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS FOR AN ANNEXATION. (HUNTINGTON PALOMAR) WHEREAS, pursuant to the District Reorganization Act of 1965, commencing with Section 56000 of the Government Code, a petition of application was submitted to the Local Agency Formation Commission and certified sufficient by the Executive Officer on December 20, 1982; and WHEREAS, on June 6, 1983, the Local Agency Formation Commission by Resolution (attached hereto as Exhibit I), approved the proposed annexation and authorized the Council of the City of Carlsbad to initiate and conduct proceedings for the proposed annexation in compliance with said resolution and pursuant to Government Code Section 56000, et seq.; 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 City Council hereby adopts this resolution initiating proceedings for the proposed annexation as provided in Government Code Section 56310 as follows: a. The name of the areas for which any change of organization if proposed is entitled Huntington Palomar Annexation. The annexation consists of the territory described in Exhibit IrA" to the Local Agency Formation Commission Resolution. b. The particular change of organization proposed for the subject area is the: (1) Annexation of the territory described in the application on file with the Local Agency Formation Commission to the City of Carlsbad. /// /// c. Said change of organization shall be subject to the terms and conditions specified and contained in the Resolution of the Local Agency Formation Commission and the following condition: (1) All nonconforming uses, including subdivision directional signs and billboards shall be removed from the property within thirty days from the adoption of the resolution approving the annexation. d. Preliminary proceedings were commenced when the petition by the landowners was submitted to the Local Agency Formation Commission making a proposal for this annexation. e. The territory includes 137.92 acres and is uninhabited. f. The reasons for the proposed annexation are: (1) Applicant is proposing development on the property and the City of Carlsbad is the appropriate agency for providing public services. (2) The territory is a county island and the annexation would be consistent with the City of Carlsbad Sphere of Influence. (3) The annexation is consistent with the City of Carlsbad and Local Agency Formation Commission policies on annexation of county islands. 9. The Clerk of the City of Carlsbad is hereby directed to advertise the proposed annexation for public hearing on September 6, 1983, at 6:OO P.M., in the Council Chambers. h. Any interested person desiring to make written protest against said annexation shall do so by written communication filed with the Clerk of the City of Carlsbad not later than the hour above stated for the public hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him; a protest by a voter shall contain the residential address of such voter. i. The Clerk of the City of Carlsbad is authorized and instructed to publish the notice of hearing according to Sections 56087 - 56089 of the California Government Code. 4 1 2 5 4 5 6 7 e 9 le 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, County of San Diego, State of Cali ornia, this 2nd day of Auqust , 1983, by the following vote: AYES: NOES: None ABSENT: NOW Council mrbrs Casler, Lewis, Kulchin, Chick and Presoott ATTEST: (SEAL ) ,-- S Mi n,u te EXEiIBIT 1 to Resolution No. 7310 Item: 18 Ref,: CA82-6 RESOLUTION OF TfiE SAN DfEGO LOCAL'AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "HUNTINGTON PALOMAR ANNEXATION" On motion of Commissioner Fordem, seconded by Commissioner Bennett, the foilowing resolution is adopted: WHEREAS, a petition of application was submitted to this Commission for annexation of territory to the City of Carlsbad, which petition was certified sufficient by the Executive Officer on December 20, 1982; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Commission: and WHEREAS, pursuant to Government Code Section 56262, the Executive Officer of this Commission set a public hearing on the proposed annexation for June 6, 1983, and gave notice of the date, time, and. place of said hearing in accordance with Government Code Sections 5.6264 and 56265; and WHEREAS, the Executive Officer of the Comiission has filed his report on said annexation, which report was received and considered by the Commission; NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1) The hearing was held on the date set therefor, and due notice of said hearing was given in the manner required by law. , (2) At that hearing the Commission called for, heard, and considered all interested parties and read and considered the report of the Executive Officer. (3) 'The Commission certifies, in accordance with the Negative Declaration dated'January 10, 1983, that this proposal will have no significant effect on the environment. (4) The Commission certifies that it has reviewed and considered the information contained in the EIR prepared by the City Gf Carlsbad. . (5) The Commission adopts the Environmental Findings required by Section 15085 of the State CEQA Guidelines for each significant impact identified by the EIR, as stated cn Exhibit "BII attached hereto. '. (I) (6) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit "A" attached hereto, subject to the following conditions : None (7) The boundaries of the territory as described in Exhibit "A" are definite and certain. (8) The boundaries of the territory do conform to lines of assessment and ownership. (9) The change of organization does not constitute a minor boundary change. (10) The territory includes 137.92 acres and is uninhabited. (11) The territory-proposed to be annexed is hereby designated the "Huntington Palomar Annexation" to the City of Carlsbad. (12) The Commission hereby designates the City of Carlsbad as the conducting authority and authorizes the City Council to initiate proceedings in compliance with this resolution. . (13) Thd Executive Officer of thi.s Commission is directed to file and mail certified copies of this resolution as required by law, -2- PASSED AND AIXXTEI) by the Local Agency Fbrmatjlon Commission of the County of San Diego this 6th day of June 9 1983, _. by the following vote: AYES: Commissioners Fordem, Bennett, Oravec, Adams ' (acting in place of Mahr); Hersom, and Hostler NOES: None ABSENT: Commissioners Eckert and Mahr ABSTAINING: None STATE OF CALIFORMA) COuNT4! OF SAN DIEGO) 1 I, TJILLUM D. DAVIS, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that 1 have compared the foregoing copy with the original. resolution adopted by said Comission at its regular meeting on June 6, -- 1983 on file in my office; and that same contains a full, true, and , which original resolution is now ' correct transcript therefron; and of the whole thereof, Witness my hand this day of June , 19h. WILLIAN D. DAVIS, Executive Officer ---- WILLIAN D. DAVIS,- Executive officer San Diego County Local Agency P Formation Commission 6,' CA8 2- 6 "Huntington Falomar Annexation" to the City of Carlsbad .. A parcel of land being a portion of Lot G of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder, of San Diego County, November 16, 1896, more particularly described as follows: Beginning at point 9 of Lot E' of.said Map No. 823; 1. Thence North 71O27'49" East, 546.48 feet (record North 70°54'27" East) along the lot line common tu Lots F and G to point 10 of said Lot F; 2. Thence continuing along said common Lot line the following courses: South 59'15'20" East, 1176.06 feet (record South 59'47'49" East) to point 11 of said Lot F; South 89'46'41" East to point 12 of-said Lot F, being also point 9 of said Lot G; 3. Thence North 41O14'47" East, 21.15 feet (record Nprth 40°41'22" East, 21.51 feet) along the boundary of said Lot G to the most Westerly corner of record of survey map no 6493, filed in the County Recorder's office of said County, December 15, 1964, being a point in the center line of that certain easement granted to San Diego Gas and Electric Company by Document No. 49242, re,corded on April 15, 1954, records of said County; 4. Thence South 47"28'18" East, 2748.32 feet (record South 48"01'52" East, 2748.36 feet) along the Southwesterly boundary of said record of survey to an angle point therein; 5. Thence continuing along said boundary, South 39O01'39" East (record South 39O34'56" East) to the Southerly line of road survey no. 1534 (Palomar Airport Road) map on file in the County Engineer's office of said County, being also the boundary of the City of Carlsbad; 6: Thence generally Northwesterly, Westerly and Southwesterly along said Southerly line to the Westerly line of said Lot G; 7. Thence North O"29'11" West (record North 0'32' West) along said Westerly line to the Point of Beginning. dh: na 2/4/83 4' EXHIBIT "A" Approved by the local Agency Formation Qmmission of San Diego 'JUM 6 I983 7 Executive Officer of said Comniission ENVIRONMENTAL SUMMARY AVD FINDINGS FOR SIGNIFICANT EFFECTS OF - , CA82-6 PROPOSED "€iUNTIi$GTON-PUOm ANNEXATION" TO THE CITY OF CARLSBAD Lead Agency: City of Carlsbad SUMMARY Potential Impacts . Recommended Mitigation Cultural Resources No significant resources exist on the site. No mitigation measures are recommended. Biological Resources No significant impacts are ex- pected to occur to any sensitive biological resources. However, requiring s pecif ie mitigation. devdo2mer;t woiltd result in the loss of grassland haSi:at, a cumulative impact to raptor The cumulative Ioss of grasslsnd does not approach a level of significance . Sp@CieS* Topography and Visual Aesthetics Significant impacts to landform will result through grading of the site into ivanufactured pads and slopes. Consequently, sic;- nificant impacts to the visual character of the property will occur which will affect the vi- sual corridor of Palomar Airp-t Road, an eligible scenic highway. . Community Services Minimal impacts wiII result Po fire and police protection and other public sarvices. Utilities and'Energy Grading plans should be designed to retain a natural hillside appearance through contour gradinc;. A landscape plan shoufd be iniplemented. Msnufac- tured slopes adjacent to Paloinar Air- port Road should be of mihimai height, and building setbacks should be suffi- cient to reduce visual intrusion into the road view corridor. No measures are requ.ired as a direct result of the proposed project. . The industrial project proposed for the prcperty will rssuft in an incremental increase in energy and water usage. 8 Energy- and water-saving measures. are recommended to minimize consumption. AWro'Ii?d bY tho Local Aeoncy Formatbrr ConlmiSSion of $an Diego ~ Exhibit IIBil . '8CA82-6 Page Two 0 - - Potential fmpacts Recommended MI t ig a t ion Traffic Circulation ?he project, by itself, will not result in significant impacts to the traffic circulation system. However, traffic generated by approved and planned projects in the area will result in cumu- lative significant impacts to the circu:ation system. L Land Use Adverse Jmpacts to land use in- clude incompatibility with the proposed Macario Canyon Park and the eligible scenic highway cor- ridor. . Potentiafiy significant crash hazard and noise impacts associated with fafomar Airport exist on the project site. Agricultural Resources No significant impacts to agri- cultural resources are antici- pated becwse of poor-quality soils and 35 percent of the site is composed 6f steep slopes. I, Air Quality Industrial development of the property will r-es;l!t in an incrementaf addition to the regional emission of air poilu- tants which currently exceed standards. Since the project .does not conform with the re- vised RAQS, a significant impact to air quality will occur. from Muntington Palomar Project As part of a future development on the subject property, Cdege Boulevard should be constructed across the prop- erty as well as the northerly half of Palomar Airport Road adjacent to the project. Other mitigation measures incfude the construction of the foilow- ing circulation element proposals: improved intersection geomstrics at the intersections of Palomar Airport Road ' at College Boulevzrd and at El Camino Real; construction of Cannon Road, Los Monos Canyon Drive, and Carilfo Way; and a connection between the Poin- settialt-5 interchange and El Camino Rea!. lmpacts to Macario Canyon Park and the scenic highway corridor can be mini- mized through design. considerations when d tentative map and specific plan are prepared. Crash hazard arid noise impacts can be mitigstsd to a less than significant level by placement of buildings out of the crash hazard zones and soundproofing of buildings. No mitigation measures are recommended. .. Carpools, mass transit, and industrial energy conservation measures as stated in RAQS can mjnimize air pollution emissions. .. li Final EIR, City of Carlsbad; May 1982 ’” i i .. . .b CA82-6 Page Three Potential Impacts Recommended Mi ti gat ion Hpdrology and Water Quality Industrial development will re- Control of grading activities, land- sult in increased runoff, sedi- scaping, energy dissipaters, siltation ment bad, and altered chemical and retention basins, and control sf content of runoff. chemical discharges wilE redace ad- verse effects of development . Geology and Soils An industria! development will be impacted by potential hazards resulting from unstable sails, secondary seismic effects, and eros ion. Detailed geotechnical studies shoufd be completed during development of the tentative map to determine what engi- neering measures will be required. FINDINGS Pursuant to Section 15088(a) of the State CEQA Guidelines, find that the mitigation masures listed above for the identified inpacts have been adopted by the City of Carlsbad or can and should be adopted by the City of Carlsbad, and that the mitigation is within the jurisdiction of the City of Carlsbad and not LAFCQ because the affected resources and services will be within the City boundaries upon annexation. . .