HomeMy WebLinkAbout1984-05-01; City Council; Resolution 75889
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RESOLUTION NO. 7588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, INITIATING PROCEEDINGS FOR A REORGANIZATION
INVOLVING ANNEXATION TO THE CITY OF CARLSBAD , DETACHMENT
FROM THE LEUCADIA COUNTY WATER DISTRICT , ENCINITAS FIRE
PROTECTION DISTRICT, AND COUNTY SERVICES AREAS NO. 17
(SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO LOCAL
PARKS). (BATIQUITOS POINTE REORGANIZATION)
WHEREAS, pursuant to the District Reorganization Act of 1965,
iencing with Section 56000 of the Government Code, a petition of
ication was submitted to the Local Agency Formation Commission
certified sufficient by the Executive Officer on January 26,
; and
WHEREAS, on April 2, 1984, the Local Agency Formation Commissiov
esolution (attached hereto as Exhibit I), approved the proposed
ganization and authorized the Council of the City of Carlsbad tc
iate and conduct proceedings for the proposed reorganization in
liance with said resolution and pursuant to Government Code
ion 56000, et seq.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
'arlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby adopts this resolution
initliating proceedings for the proposed reorganization as provided
in dovernment Code Section 56310 as follows:
a. The name of the areas for which any change of organization if proposed is entitled Batiquitos Pointe Reorganization. The reorganization consists of the territory described in Exhibit "A" to the Local Agency Formation
Commission Resolution.
b. The particular change of organization proposed for the
(1) Annexation of the territory described in the
area is the:
on file with the Local Agency Formation Commission
o the City of Carlsbad.
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(2) Detachment of the territory described in the
application on file with the Local Agency Formation Commission from the Leucadia County Water District, Encinitas Fire
'rotection District, and County Service Areas No. 17 (San
lieguito Paramedics) and No. 83 (San Dieguito Local Parks).
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 50.53 acres and is uninhabited.
f. The reasons for the proposed reorganization 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.
g. The Clerk of the City of Carlsbad is hereby
directed to advertise the proposed annexation for public
hearing on 3une 5, 1984, at 6:OO P.M., in the Council
Chambers .
h. Any interested person desiring to make written
protest against said reorganization 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.
Ill
I .Y
PASSED, APPROVED AND ADOPTED by the City Council of the City of
.sbad, County of San Diego, State of California, this 1st
of May , 1984, by the following vote:
AYES:
NOES: None
ABSENT: Council Mmber Kulchin
Council MEYnbers Casler, Lewis, Chick and Prescott
ST :
HA L. RAUTENKRANZ, Cith Clerk
L) I
Minute
On Hersom,
Item :
motion of Commissioner Mahr, seconded by Commissioner
the following resolution is adopted:
e
(1) notice
RESOLUTION OF THE SAN DIEGO LOCAL AGENCY
FORMATION COMMISSION APPROVING A PROPOSED
ETACHMENTS FROM THE LEUCADIA COUNTY WATER DISTRICT,
GANIZATION INVOLVING ANNEXATION TO THE CITY OF CARLSBAI),
NITAS FIRE PROTECTION DISTRICT, AND COUNTY SERVICE AREAS
NO. 17 (SAN DIEGUITO PARAMEDICS) AND
NO. 83 (SAN DIEGUITO LOCAL PARKS)
The hearing was held on the date set therefor, and due of said hearing was given in the manner required by law.
~ "Batiquitos Pointe Reorganization"
(2) considered report of
At that hearing the Commission called for, heard, and all interested parties and read and considered the the Executive Officer.
a petition was submitted to this Commission for the
of territory including annexation to the City of from the Leucadia County Water District,
sufficienf by the Executive Officer
REAS, the territory proposed for reorganization is as
d in the application on file with the Local Agency
n Commission; and
REAS, pursuant to Government Code Section 56262, the
e Officer of this Commission set a public hearing on the
and place of said hearing in accordance with Govern-
reorganization for April 2, 1984, and gave notice of the
56264 and 56265; and
WH REAS, the Executive Officer of the Commission has filed his rep rt on said reorganization, which report was received and conside 3 ed by the Commission;
THEREFORE, BE IT RESOLVED, that this Commission hereby
etermines, and orders as follows:
The Commission certifies that it has reviewed and con- he information contained in the EIR prepared by the City
The Commission adopts the Environmental Findings required
n 15091 of the State CEQA Guidelines for each significant
entified by the EIR, as stated on Exhibit IIB" attached
hereto.
..
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(7) Section agricultural 51201(a)
land to
(8) modified
subject to
The Commission certifies that it has reviewed and the information contained in the Negative Declaration
the City of Carlsbad for the vacant parcels included
to avoid creating a County "island."
The Commission certifies, pursuant to Government Code
54774.3, that this proposal would have no effect on any preserves as defined in Government Code Section and would not result in the conversion of prime agricultural nonagricultural use, -
The Commission hereby approves the reorganization with
boundaries, as described in Exhibit tlA" attached hereto,
the following conditions:
The Commission finds, pursuant to Section 15061(b) (3) of
CEQA Guidelines, that the area added to the reorganization a logical city boundary is not subject to the environmental luation process because it can be seen with certainty
is no possibility for the proposed project to significantly environment.
(12) designated
(13) conducting
proceedings
(14) file and
law.
The territory proposed to be reorganized is hereby the "Batiquitos Pointe Reorganization" (City of Carlsbad).
The Commission hereby designates the City of Carlsbad as the authority and authorizes the City Council to initiate
in compliance with this resolution.
The Executive Officer of this Commission is directed to
mail certified copies of this resolution as required by
1 None
The boundaries of the territory as described in Exhibit finite and certain.
The boundaries of the territory do conform to lines of
and ownership.
(1111 The territory includes 50.53 acres and is uninhabited,
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Passed and
County of
19 84 I b:
STATE OF Ci
covmi- OF 2
I, J?.NE P.
Formation (
hereby cerl
inal resoli
April 2, 1’
on file in
transcript
Witness my
idopted by the Local Agency Formation Commission of the
in Diego this 21-16 day of April I
the foilowing vote:
AYES: Commissioners Boarman, Bennett, Gotch,
NOES: None
Oravec, Hersom, Mahr, and Hostler
ABSENT: Commissioners Eckert and Fordem
ABSTAINING: None
, I F ORN I A 1
?CJ DIEGO)
ss
IERRILL, Acting Executive Officer of the Local Agency
m”mssion of the County of San Diego, State of California,
.fy that I have.compared the foregoing copy with the orig-
:ion adopted by said Commission at its regular meeting on
34 , which original resolcltion is now
iy office; and that same contains a full, true, and correct
.herefrom.and o,f the who14 thereof.
land this 9th day of -April , 19 84 .
J’Ab$2 P. MERHILL
Acting Executive Officer
San Dieqo County Local Agency
Formation Co,mission
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"Batiquitos Pointe Reorganization" (City of Carlsbad)
portion of Sections 28,29,32 and 33, Township 12 South, est, San Bernardino Base and Meridian, in the County of , State of California, according to United States
t Survey, lying within the following described boundaries:
at the intersection of the easterly prolongation of the
line of the South two-thirds of Lot 4 (Southeast Quarter
utheast Quarter) of said Section 29 with the northeasterly
he Atchison Topeka and Santa Fe Railway Company right-of-way,
et wide, said point being an angle point in the boundary
ty of Carlsbad as established by their Ordinance No. 1122,
uly 21, 1970, by said City;
ce southeasterly along said northeasterly line to the -west center line of Section 33, said Township and Range:
ce westerly along said east-west center line to the
hwesterly line of said 200.00 foot railway right-of-way;
ce southeasterly along said southwesterly line to a point
ant thereon 2,939.21 feet southeasterly from the northerly
of said Section 33, being also a point in the center line
channel as described in deed to W. D. Cannon, recorded
6, 1955 in Book 5705, page 55 of Official Records;
ce along said center line as follows:
south 46O 04' west, 202.96 feet (record - 204.03 feet);
south 71' 52' west, 195.12 feet;
north 74' 34' west, 244.37 feet to the northeasterly line of State Highway XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
Civision of Highways of said county;
ce northwesterly along said northeasterly line to the
-west center line of said Section 33;
ce westerly along said east-west center line to the mean tide line of the Pacific Ocean, said point being an angle t in the boundary of the City of Carlsbad as established by
r Ordinance No. 1084, adopted November 5, 1963, by said
northwesterly along said city boundary and mean high tide
to an intersection with the southwesterly extension of the
herly lot line of Lot 6 of said Section 33 shown on Record
irvey Map No. 6561, filed in the County Recorder's Office
2id county, being also an angle point in the boundary of
Jity of Carlsbad as established by their Ordinance No. 1141,
ted December 7, 1971, by said city;
Exhibit ''A''
Page 1 of 3
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ce along said city boundary as follows:
north 60'21'05" east 204.96 feet along said southwesterly
extension and southerly lot line to an intersection with
the westerly line of said State Highway, as described in deeds to the State of California, recorded July 23, 1926, in Book 1258, page 1 of deeds, records of said county
and April 9, 1935, in Book 393, page 200 and April 9, 1935,
in Book 358, page 451 of official records of said county;
north 60'21'05" east, 270.03 feet to a point in the north-
easterly line of said State Highway as described as Parcel
No. 2851 in deed from John M. Metcalf, et. al. to the State
of California, recorded on June 23, 1954, in Book 5130,
page 473, of official records of said county;
north 17O31' west, 823.25 feet along said northeasterly
line to an angle point in the boundary of the City of
Carlsbad as established by said Ordinance No. 1084;
ce generally northwesterly, northerly, westerly and north-
.erly along said northeasterly line and city boundary eo the
.herly line of County Road Survey No. 339 (Ponto Drive)
on file in the County Engineers Office of said county;
.ce south 89'49' east along the southerly line of said Road
'ey No. 339 to the Easterly line of the ABANDONED portion
.he Atchison Topeka and Santa Fe Railway Company's right-
ray across the said south two-thirds of said Lot 4, as shown kecord of Survey Map No. 682 filed in the Recorder's Office
,aid county;
tce along said easterly line of said railway right-of-way
:h 4O40'18" west to an intersection with the southwesterly
! of the existing 200 foot Atchison Topeka and Santa Fe
.way right-of-way, as shown on State Board of Equalization
804-37-9K on file in the Assessor's Office of said county;
ice north 21°081181t west along said southwesterly line to
ntersection with said northerly line of the southerly
-thirds of said Lot 4;
ice along said northerly line south 89'49'50" east to the
it of beginning.
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Page 2 of 3
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LAFCO
4/9/84
iatiquitos Pointe Reorganization" (City of Carlsbad)
from Encinitas Fire Protection District
)rtion of Lot 20 of Section 33, Township 12 south, R nge 4
iernardino Base and Meridian, in the County of San Diego,
klifornia, according to United States Government Survey,
.n the following described boundaries:
tt the intersection of the easterly prolongation of the
le of the south two-thirds of Lot 4 (southeast Quarter of
Ist Quarter of Section 29, Township 12 south, Range 4 west
Irtheasterly line of the Atchison, Topeka and Santa Fe zpany right-of-way, 200.00 feet wide, said point being an
; in the boundary of the City of Carlsbad as established :dinance No. 1122, adopted July 21, 1970, by said city;
z southeasterly along said northeasterly line to the lest center line of Section 33, said Township and Range;
3 westerly along Said east-west center line to the
sesterly line of said 200.00 foot railway right-of-way, le true point of beginning;
3. southeasterly along said southwesterly line to a point
it thereon 2,939.21 feet southeasterly from the northerly If said Section 33, being also a point in the center line Zhannel as described in deed to W.D. Cannon, recorded 5, 1955 in Book 5705, page 55 of Official Records;
3 along said center line as follows:
south 46'04' west, 202.96 feet (record-204.03 feet) :
south 71'52' west, 195.12 feet;
iorth 74'34' west, 244.37 feet to the northeasterly line
2f State Highway .XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
livision of Highways of said County:
2 northwesterly along said northeasterly line to the east-
=enter line of said Section 33:
e easterly along said east-west center line to the true
of beginning.
Approved by the Local Agency Formation
Commission of Sari Diego
APR - 2 1984
Executive Officer of said Commission
Exhibit "A"
Page 3 of 3
R083-20
resulting
hotel
area (10--20
Twelve
will reach
proposed
on-grade.
ENVIRONMENTAL SUMMARY AND FINDINGS
BATIQUITOS POINTE REORGANIZATION
FOR SIGNIFICANT EFFECTS OF
density of 19.6 du/acre (excluding open space and future
acreage) is at the high end of the allowable range for this
du/acre) .
building structures are proposed (two building types) which a height of 35 feet (three stories). Resident parking is
in subterranean garages, with most visitor parking located
Lead Agency: City of Carlsbad
SUMMARY
PROJECT D$SCRIPTION (from Carlsbad Staff Report 2/23/83)
t property is located immediately north of Batiquitos tween Carlsbad Boulevard and the AT & SF Railroad. The
ional zoning involves approximately 39 acres. The
upland area) of this site is proposed to be zoned
1 Density-Multiple (RD-M), corresponding to an RMH
an designation of 10-20 du/acre. The approximately 10
roperty in the southern end of the site, including part
tos Lagoon and a related lowland flat, is to be zoned
(OS) per the OS general plan designation.
oned area can be separated into four groups: a 354-unit
m project on one lot on the southern portion of the upland
ture development site (possibly motel), separated from the m by proposed Avenida Encinas, and two small existing lots
th and northwest of the site (under different ownership)
to be similarly prezoned to avoid the creation of county
The requested Open Space zoned property comprises Lot 3
posed subdivision, located on the southern portion of the
Plans have been submitted only for the area south of
cinas at this time.
Surrounding land uses include Carlsbad Boulevard and the State Park to the w st, the Ponto area and its related industrial/residential mix to t e north, the Seabluff property to the east which has recent-
ly been a rezoned to RD-M-Q, and Batiquitos Lagoon to the south.
the project is to be provided from the full-width
ion of Avenida Encinas. The extension of this arterial
railroad tracks will occur at a later time.
EXHIBIT "B"
Page 1 of 3
I.
RO 8 3 - 2 0 I
Traf fi(;
Impact:
hazard
The site is presently used for commercial flower production. Some grading for the condominium project is anticipated on the relatively
flat site b cause of the subterianean garage. No grading or develop-
ment is pro 6 osed within the open space zone.
Circulation -
Traffic from the project would incur a potential safety
due to the inadequate length of the southbound ramps at
MAJOR ISSUE$ (from Carlsbad Planning Commission Resolution #2087)
the
Mitigation: approval
Impact: identified
would result in the loss of 15
Carlsbad Boulevard/Ponto Drive interchange.
These ramps will be lengthened per condition
of this tentative map.
Archaeolosical Resources
The project would result in a significant impact
archaeological site.
Mitiga ion: Under the County and LAFCO guidelines, the loss of agr cultural land is a significant impact. Under the City
of Car sbad Interim Agricultural Policy, however, it is not. The im act is overriden by the need for this type of housing
in Car sbad and by agricultural preservation programs imple-
mented i by the Coastal Commission,
of
on an
Mitig tion:
docum i ntation of the site, if warranted, will be performed.
A limited testing program followed by excavation and
Air Qdality
: The project is considered to have an adverse impact on
tainment of acceptable regional air quality based on RAQS tion projections presently in effect.
Mitig tion: The need to provide appropriate housing for the
City f Carlsbad overrides this impact. 8
Potential lagoon sedimentation impacts could result
of the site.
tion: Conditions of approval have been placed on this
ive map which will control sediment deposit. These include
basin and other drainage structures.
I -2-
R08 3 -2 0
the
F) BiolodJical I Resources
Mitigation: The project has been redesigned so as to open up
buildings to allow views through to avoid the appearance
: The project includes six tennis courts on the lowland djacent to the lagoon which will significantly affect
sting habits of two sensitive bird species on the site.
tion: These six tennis courts have been deleted from
The project buildings are large in scale and mass as
Boulevard.
of malssive buildings.
FINDINGS ~
Section 15091 of the State CEQA Guidelines, find that measures listed above for the identified impacts
by the City of Carlsbad, and that the mitigation
of the City of Carlsbad and not LAFCO
and facilities will be within the
Approved by the Local Agency Formation
Commission of San Diego
APR - 2 5984
&La*&
Executive Officer of said Commission
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66 P -R.A. PAGE:
IRAWN E3Y: M. SLHCJR.4
I RO83-20 LAFCO: MAPPING DIVISION
~SAN DIEGO COUNTY ASSESSOR'S OFFICE~~R-: 50.53 8C
a
3-2-234 IATE :
RAWN BY: M. SCHURR
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Approved by the Local Agency Formation Commission of San Diego
APR - 2 1984
&LQ.L
Executive Officer of said Commission
THOMAS BROS: ' P/ S T. 19- c 5