HomeMy WebLinkAbout2003-07-15; City Council; Resolution 2003-1951
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2003-195 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING FINDINGS ON A PETITION
REQUESTING INITIATION OF PROCEEDINGS TO FORM
CANNON ROAD EAST) AND MAKING APPOINTMENTS THEREIN
ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND
WHEREAS, the City Council of the City of Carlsbad, California, has been presented with
an executed petition (the "Petition") submitted by the owners of certain real property located in the
City of Carlsbad (the "City") requesting that the City Council initiate proceedings pursuant to the
"Municipal Improvement Act of 1913," be& Division 12 of the Streets and Highways Code of the
State of California (the "Improvement Act"), to form an assessment district to be known and
designated as Assessment District No. 2003-01 (College Boulevard and Cannon Road East)
(the "Assessment District") for the purpose of financing the acquisition or construction of certain
public improvements; and
WHEREAS, such Petition was accompanied by evidence satisfactory to this City Council
of the estimated fair market value of the land proposed to be assessed; and
WHEREAS, Policy 33 of the City Council provides that all property to be included in an
assessment district shall have already received environmental review and approval of all land use
entitlements such as zoning, master plans, specific plans, or Local Facilities Management Plans
and regulatory permits ("Required Entitlements"); provided, however, such policy further provides
that the City Council may approve an assessment district that includes some land without such
approvals if the improvements to be financed are consistent with the General Plan of the City and
if the City Council finds that the improvements are required in the public interest; and
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WHEREAS, while that portion of the proposed Assessment District known as Calavera
Hills and including approximately 689 dwelling units has received all Required Entitlements;
however, that portion of the proposed Assessment District known as Robertson Ranch East and.
including approximately 500 dwelling units has not received the Required Entitlements; and
WHEREAS, the improvements proposed to be financed through the Assessment District
include the extension of both College Boulevard and Cannon Road which are both important links
in the City's traffic circulation system and, as such, are required in the public interest; and
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WHEREAS, such improvements are designated as major arterials on the Circulation
Element of the City's General Plan; and
WHEREAS, this City Council desires to make certain findings regarding such Petition,
to direct that proceedings to consider the formation of the Assessment District be initiated, and to
make certain appointments related to such proceedings.
NOW, THEREFORE, BE IT RESPLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That this City Council hereby finds as follows:
A. The Petition has been executed by the owners, or the representatives of
such owners legally authorized to execute such Petition for and on behalf of such owners, owning
land constituting more than sixty percent (60%) of all assessable land within the boundaries of the
proposed Assessment District;
B. The total estimated amount of the proposed assessment will not exceed
75% of the total estimated fair market value of the land proposed to be assessed after the
proposed public improvements have been constructed;
C. The Petition meets ,all of the requirements of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931" (Division 4 of the Streets and Highways
Code of the State of California) (the "1931 Act") and, therefore, no further proceedings or
limitations under the 1931 Act shall be applicable to these proceedings;
D. The improvements to College Boulevard and Cannon Road are consistent
with the General Plan of the City; and
E. The completion of the extension of College Boulevard and Cannon Road is
required in the public interest.
3. That this City Council hereby authorizes the initiation of proceedings pursuant to
the Policy 33, the Improvement Act, Article XlllD of the Constitution of the State of California and
the Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750 and
following) to consider the formation of the Assessment District.
Page 2 of 3 of Resolution No. 2003-195 6
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4. That the City Engineer is hereby appointed to perform all of the duties and
functions of the Superintendent of Streets, as such duties are specified in the Improvement Act,
for these proceedings.
5. That the place for recordation of the assessment roll and diagram shall be in the
Office of the Superintendent of Streets.
PASSED, APPROVED AND ADOYTED at a Regular Meeting of the City Council of the
,2003 by the following vote, to wit: Zity of Carlsbad on the 15th day of JULY
{YES: Council Members Lewis, Finnila, Kulchin, Hall, Packa
4OES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOgCity Clerk
(SEAL)
Page 3 of 3 of Resolution No. 2003-195