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HomeMy WebLinkAbout1974-07-02; City Council; 3122; Pre-Annexational Zone ChangeH E CITY OF CARLSBAD, C A L • I~~F. O R N I A C , <3*v%*Agenda Bill Wo. sff/gfrlL ' ' ' Date: July 2, 19?4 Referred To: Subject: ' Submitted By: Pre-Annexational Zone Change County E-I-A to Carlsbad RA-10,000 Planning Commission Applicant: Allan 0. Kelly •. , . __ . . . . __ •Statement of the Matter The-applicant is requesting approval of a Pre-Annexational Change of Zone for 225 acres northerly of El Camino Real and Rancho Carlsbad; adjacent to Carlsbad's Municipal Boundary. The zoning would change from County E-I-A (Estate, 1/2 acre) to City R-A-10,000 (Residential- Agriculture 10,000 sq. ft. minimum). .- ; A Negative Declaration was issued for the project for the reason that the site is a single parcel, and as such, only one dwelling unit could be constructed. Plans for the property are not contemplated in the near future. The Planning Commission recommends approval. Exhibit Planning Commission Resolution No. 1067 Staff Report of June 11, 1974 Letter from Carlsbad Unified School. District re zone change. Resolution No. Ordinance No. Staff Recommends ti ons ^Q Q-j^y Manager The Staff recommended the City Council adopt Resolution Nojj^fT/apprOving the pre- annexational change of zone to R-A-10,000, and ordinance No. *. f^ • •****> AS NO. Date: July 2' 1974 City Manager's Recommendation This matter is being processed in order to comply with LAFCO's new ruling concerning pre-annexation requirements by the City. The staff report indicates that the applicant has secured a letter from the Carlsbad Unified School District stating that an agreement will be needed at such time as specific develop- ment proposals are presented in order to comply with the Public .Facilities Policy. This does not conform to existing Council Policy; That Policy is that the letter guaranteeing facilities will be secured at the time of the zoning. This has been accomplished in the past at zoning or Master Plan stages by the School District. While it has not been specifically stated, it appears that one of the problems in connection with this appli- cation, has been the School District's inability to enter into an agreement with a member of the Board. I have asked.the School District for a specific statement on this matter so that the Council can make a Policy decision of whether they wish to deviate . from the normal Policy or not. Once this matter is settled, it is recommended that the Council proceed by adopting Resolution No. ^^4{^r~ an<i Ordinance No. approving the pre-annexation zone change. Council Action 7-2-74 The preannexation zone change was approved and Resolution #3445 was adopted, announcing findings and decision, and Ordinance #9395 was introduced for a first reading.. 7-16-74 A second reading was given Ordinance #9395 and adopted. -2- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PLANNING COMMISSION RESOLUTIONS.NO. 1067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AMD RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A PRE- ANNEXAJIONAL CHANGE OF ZONE FROM F.-1-A (COUNTY) TO R-A-10 (CARLSBAD) ON PROPERTY GENERALLY LOCATED NORTHEASTERLY OF THE RANCHO CARLSBAD MOBILE HOME PARK. APPLICANT: ALLAN 0. KELLY WHEREAS, the Planning Commission did on the date of June 11, 1974, hold a duly noticed Public Hearing to consider a request by Allan 0. Kelly, for a Pre-Annexatiortal Zone Change from E-l-A (County) to R-A-10 (Carlsbad) on a 225 + acre parcel described as Exhibit A dated June 6, 1974, attached, northeasterly of the Rancho Carlsbad Mobile Home Park and more particularly described as: All those portions of Lots E and D of Rancho Agua Hedionda in the City of Carlsbad and County of San Diego, State of California according to Map thereof No. 823. WHEREAS, the project was declared to have a non-significant effect upon the environment, according to the requirements of the Carlsbad Environ- mental Quality Act for the following reasons: (1) The zone change, by itself, would allow the applicant to build only one dwelling unit on the subject property; (2) Thus, as no development of additional housing units could be enabled by this zone change, the effect on the environment would be negligible; WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the approval of this Pre-Annexational change of zone necessary to carry out the provisions and general purpose of Title 21: (1) The proposed pre-zoning is consistent with the Carlsbad General Plan'. (2) The pre-annexational zoning complies with the City Council's adopted annexation policy. (3) The proposed pre-zoning will enable the local agency Formation Commission to evaluate service requirements for annexation purposes. (4) The proposed pre-zoning is compatible with surrounding zoninn. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council » of the Pre-Annexational Zone Change from E-l-A (County) to R-A-10 (Carlsbad). PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission, held on the llth day of June, 1974, by the following vote, to wit: AYES: Commissioners Little, Casler, Jose, Barrett, Forman and Virench NOES: None ABSENT: Dominguez MARY CASLER, Chairman ATTEST: DONALD A. AGATEP, Secretary CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT June 11, 1974 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF A PRE ANNEXATIONAL ZONE CHANGE CASE NO: ' ZC-144 APPLICANT: ALLAN 0. KELLY P.O. Box 1065 Carlsbad, CA 92008 !• REQUEST: The applicant is requesting approval of pre- annexational zoning from E-I-A (County) to RA-10 (Carlsbad) on property located Northeasterly of the Rancho Carlsbad Mobile Home Park. II. RECOMMENDATION: Staff recommends APPROVAL of ZC-144 based upon the following justification: (1) The proposed pre-zoning is consistent with the Carlsbad General Plan. (2) The pre-annexational zoning complies with the City Council's adopted annexation policy. (3) The proposed pre-zoning will enable the local agency Formation Commission to evaluate service requirements for annexation purposes. (4) The pr.oposed pre-zoning is compatible with surrounding zoning. Ill BACKGROUND: . A- Location: Northeasterly of the Rancho Carlsbad Mobile Home Park. B. Legal Description: Portions of Lot E and Lot D of Rancho Agua Hedionda in the county of San Diego, according to Map 823 filed with the San Diego County Recorder. C. Size: 225 Acres D. Existing Zoning: E-I-A E. Adjacent Zoning: North: R-A-10 (City) South: E-I-A (County) East: R-A-10 (City) West: E-I-A (County) and R-A-10 (City) F. Environmental Impact Considerations: A negative declaration has been issued for the project pursuant to the requirements of the Carlsbad Environmental Protection Ordinance. Although there are a number of environmental impacts which might occur, Staff determined that a full E.I.R. was inappropriate at this time because: 1) Specific development proposals are not anticipated in the near future thereby making the i-ntensity of specific impacts hard to predict. .2) The environmental ramifications of the project can best be evaluated at the time of Tentative Map consideration. 3) Because of recent court decisions regarding LAFCO's role as a lead agency, the pre-zoning is an essential step for annexation. The applicant has chosen the most restrictive zone classification for pre-zoning purposes. With the City acting as lead agency in this instance, LAFCO can evaluate service requirements based on the City's zoning .designation. G. General Plan: The adopted Land Use Map for the General Plan shows the subject property as Estate Low Density Residential (0-2 DU/acre). 'The proposed land use map shows the property as low-medium density Residential. H. Public Facilities Policy: The applicant has secured the necessary letter from the Carlsbad Unified School District stating that an agreement will be needed at such time as specific development proposals are presented w CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 June 4, 1974 City of Carlsbad ^>J 0^ if\e9a 1200 Elm Avenue C»* nflY(\fc Carlsbad, Califor&t 92008 Attention: Mr. Donald A. Agatep, Director of Planning Gentlemen: Reference: Proposed Zone Change No. ZC-144 At its meeting of May 28, 1974, the Governing Board reviewed the plan for the above-referenced zone change and directed the district adminis- tration to provide you with the following information. It is the understanding of the district administration and the Governing Board that this proposed zone change is for single family residences to be constructed on lots of 10,000 square feet or more. The school district has no objection to this proposed zone change, and it is anticipated that when tentative and master plans are presented to the city, they will also be presented to the school district so that agree- ments can be reached with the developers based upon definite plans including the number of proposed dwelling units. Since there are no plans at the moment other than the rezoning, the district is unable to work out a formal agreement with the owners and, therefore, must wait until definite plans are submitted. It is hoped that with this information the City Planning Commission and City Council will consider that there are no problems as far as the school district is concerned in considering the approval of the zone change. Sincerely yours, Rex Tyner, District Superintendent' Fred H. Lance Business Manager FHL:aw ADMINISTRATION 729-9291 o 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 03 I 15 16 17 •g 2 I £ 18 0 > > §H K ? u-mo 2 z P 0 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A PREANNEXATION CHANGE OF ZONE FROM SAN DIEGO COUNTY E-l-A TO CITY OF CARLSBAD R-A-10 ON PROPERTY GENERALLY LOCATED NORTHEASTERLY OF THE RANCHO CARLSBAD MOBILE HOME PARK CONSIST- ING OF APPROXIMATELY 225 ACRES. APPLICANT: ALLAN 0. KELLY WHEREAS, on June 11, 1974, a duly advertised public hearing was held before the Planning Commission in the manner pre- scribed by law to consider a preannexation change of zone from County E-l-A to City of Carlsbad R-A-10 on approximately 225 acres of land, generally described as: All those portions of Lots E and D of Rancho Agua Hedionda in the City of Carlsbad and County of San Diego, State of California according to Map No. 823 thereof, and more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1067 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on the 2nd day of July , 1974, the City Council held a public hearing on the matter, received all recom- mendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, said change of zone has been declared to have a nonsignificant impact on the environment and a negative declaration has been prepared and filed in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. D CO CO I 8 Q G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .;21 '22 •23' 24 25 26 27 28 29 30 31 32 2. That the findings of the Planning Commission contained in the aforementioned Resolution No. 1067 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed preannexation change of zone classification is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed preannexation change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of July , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ROBERT C. FRAZESK Mayor ATTEST: •' MARGAKET E. ADAMS, City Clerk , . ' i' \ •/ ; (SEAL) 2. --***""; "•""'''* "0 " •' .-v,. <: .5,*" *», **.,. EXHIBIT A That certain parcel of land, being portions of Lots "D" and "E" of Rancho Agua Hadionda, in the County of San Diego, State of California-, according to Partition Map thereof No. 823 filed in the Office of the County Recorder of said County, described as follows: Commencing at Corner No. 1 of said Lot "E", as said corner is shown on Record of Survey Map No. 5153, filed in the Office of the County Recorder of said' County; theace along the Easterly line of said Lot "E", North 00°20' 40" East, 1509.25 feet and North 00° 12' 22" East, 1092.86 feet to Corner No. 13 of said Lot "E" as said comer is shown on said Record .of Survey Map 6169; thence along a portion of the Southerly line of said Lot "E", South ' 89°30' 04" East, 100.00 feet to the Southwesterly corner of land described as Parcel 2 in . , deed to Western Land and Development Company, a Partnership, recorded March 12, 1971 as File-Mo. 38810 of Official Records; thence continuing along said Southerly line of said Lot "E", being the Southerly line of said Western Land and Development Company land. South 89°30* 04" East, 683.26 feet to the most Southeasterly corner of said Western Land and Development Company's land and the TRUE POINT OF BEGINNING; thence :. (1) along the Southeasterly line of said Western Land and Development Company land. North 34°44' 03" East, 663.15 feet; thence (2) along the Northeasterly line of said Western Land and Development Company land. North 15°54' 25" West, 630.45 feet to an intersection with the Southeasterly line of land described in deed to Oceanside-Carlsbad High School District, recorded November 27, 1970 as.File No. 216959 of Official Records; thence.-along said Southeasterly line, (3) North 53°22' 17" East, 870.39 feet to the Easterly corner of said Oceanside-Ca-rlsbad. High School District land; thence continuing along the boundary line of said Oceanside-Carlsbad High School District land, . .'.-•• (4) North 33° 11' 55" West, 891.30 feet to an angle point therein; thence (5) South 84°21' 03" West, 1060.12 feet to the Northwesterly corner thereof, being a point in the boundary line of land of Horace H. Kelly described in Decrea of Distribution of the Estate of William Sherman Kelly deceased. Case No. 44573 of the Superior Court of San Diego County, recorded May 11, 1953, in Book 4351, Page 58 as as File No. 63919 of Official Records; thence from said Northwesterly corner and along the boundary line of said Horace H. Kelly land, • ••.grass^s«3 fl^• •-.-^:^:^-v-;? :" ".•.-.' 'IV.OJv^i"-' ii*t^ (5) (7) (8) 0) (11) (12) •North 01° 12' 02" East (record = North 00° 03' 10" East), 375.14 feet to an anqle 4,1 tnarein; thence continuing along said boundary. Una of said Kelly land North IB'IS' 26" Wast (record - North 19-25' 30" Wast)/205 .03 -^ to ^ : ' Southwesterly comer of land described in deed to Hugh W. Warden Et &T >«„ s ^ November 30, 1961 as File No. 206962 of Official Records; th-r^ alo4thf Southeasterly line of said Warden, EtAl,. land, .. ' * .*"•.- . ' North 76-49' 26" East, 2716.13 feet, more or less to an intersection with the ' Nortnerly prolongation of the West line of the aforementioned Lot "D" then continuing along the boundary of said 'Hugh W. Warden, Et Al, land and the. w««* .HneofLof'D" and its Northerly prolongation, ; - " . • • ^ ;South 13° 10'. 34" East, 1735.00 feet to an angle point in said Hugh W. Warden & Al land; thence leaving the West line of said Lot «D» and continuing along tS bounin,' of said Hugh W. Warden,. EtAl, land, : . -.. g .Boundary- said Hugh W South 00*07' 35" East, 1857.56 feet, more or less, to an intersection wii-h the' South line of said Lot "D"; thence along the South line of said Lot »D"/ North 89°30' 04". West, 1131.00 feet, more or less /to Point 2 of said Lot "D'< as shown on said Map No. 823, being also Point 12 of said Lot "E" and th» Southeasterly comer of said Lot "E"; thence along the South line of said'Lot «E . (13) North 89°30' 04" W'est, 2830.50 feet, more or less, to the TRUE POINT OF • ' • '- .-'." ' • • : '••'••.'• ' . ' • • '•••'•• • ' • f ''.'.'''.• •.•'••'•''', . .-' .:":•••••.• ••. :": • " "•••:.••;•• -, •• ".- •- .- . •"• ,f :.... ••'•••: ' ••' • •'••• •'••'•'•• EXCEPTING from the above described parcel of land that portion' lying within an 80.00 foot radius circle, granted to Carlsbad Municipal Water District by deed recorded January 4, 1963 as File No. 1851 of Official Records. Said Parcel of land contains 226 acres, more or less. ./*">, to3oc"5 £fc7o tc II (3 3EC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 9395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A PREANNEXATION CHANGE OF ZONE FROM COUNTY E-l-A TO CITY OF CARLSBAD R-A-10 ON 225 ACRES OF PROPERTY GENERALLY LOCATED NORTHEASTERLY OF THE RANCHO CARLSBAD MOBILE HOME PARK. The City Council of the City of Carlsbad, California, does ordain as follows: Title 21 of the Municipal Code is amended to grant a pre- annexation change of zone from County E-l-A to City of Carlsbad R-A-10 for property generally described as: All those portions of Lots E and D of Rancho Agua Hedionda in the City of Carlsbad and County of San Diego, State of California according to Map No. 823 thereof, and more particularly described on Exhibit A attached hereto and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 2nd day of July , 1974, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 16th day of July , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis. NOES: None. ABSENT: None. ABSTAINED: Councilman Skotnicki ATTEST: ROBERT C. FRAZgfi, Mayor MAfcqARE* E. ADAMS, City Clerk (SEAL)// EXHIBIT A That certain parcel of land, being portions of Lots "D" and "E" of Rancho Agua Hedionda, in. the County of San Diego, State of California-, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County, described as follows; Commencing at Comae No. 1 of said Lot ME", as said corner is shown on Record of Survey Map No, 6169, filed in the Office of the County Recorder of said' County; thanes, along the Easterly Una of said lot "E", North QQ°2Q' 40" East, 1509.25 feet and North 00*12* 22* East, 1092.86 feet to Comer No* 13 of said Lot "E" as said corner is shown on said Record of.Survey Map.6169? thence along a portion of the Southerly line of said Lot "ES South 89°3Q* 04'* Bast, 100.00 feat to ths Southwesterly corner of land described as Parcel 2 in v * dsed to Western Laftd and Development Company, a Partnership, recorded March 12, 1971 "* as File No. 38810 of Official Records; thence continuing along said Southerly line of said Lot ".£"/ being the Southerly line of said Western Land and Development Company land> South 89*30* 04° East, 683.26 feet to the most Southeasterly comer of said Western Land and Development Company's land and the tRUE POINT OF BEGINNING; thence .. ;= ' (!) along ths Southeasterly line of said Western Land and Development Company land. North 34*44' 03" East, 663.15 feet; thence . . , '. (2) along the Northeasterly line of said Western Land and Development Company land, North 15°54' 25" West, 630.45 feet to an intersection with the Southeasterly line of land described in deed to Oceanside-Carlsbad High School District, recorded November 27, 1970 as File No. 216959 of Official Records; thence.:along said •:• Southeasterly line, , . .- . (3) ' North 53*22' 17" East, 870.39 feet to the Easterly corner of said QceansMe-Carlsbad High School District land; thence continuing along the boundary line of said Oceanside-Carlsbad High School District land, . .-:. (4) North 33° 11' 35" West, 891.3.0 feat to an angle point therein; thence (5) • South 84°21' 03" West, 1060.12 feet to the Northwesterly corner thereof, being a point in the boundary line of land of Horace H. Kelly described in Decree of Distribution of the Estate of William Sherman Kelly deceased. Case No. 44573 of the Superior Court of San Diego County, recorded May 11, 1953, in Book 4851, Page 58 as :. as File No. 63919 of Official Records; thence from said Northwesterly corner and along the boundary line of said Horace H, Kelly.land, - (6) North 01° 12' 02" East (record = North 00°03' 10" East), 375.14 feet to art angle oaint therein; thence continuing along said boundary Una of said Kelly land, (7) Morth 18° 19' 25" West (record = North 19°25' 30" West), 205.03 feet to the- Southwesterly corner of land described in-deed to Hugh W. Warden, Et Al, recorded . November 30, 1961 as File No. 206962 of Official" Records; thence a long the Southeasterly line of said Warden, EtAl, land, (8) North 76°49' 26" East, 2716.13 feet, more or less to an intersection with the - Northerly prolongation of the West line of the aforementioned Lot "D", thence . continuing along the boundary of said 'Hugh W. Warden, Et Al, land and the West line of Lot "D" and its Northerly prolongation, (9) South 13° 10' 34" East, 1735.00 feet to an angle point in said Hugh W. Warden , EtAl, land; thence leaving the West line of said Lot"D" and continuing along the boundary of said Hugh W. Warden, EtAl, land, . ' . (10) North 89° 52' 25" East, 1632.22 feet, more or less; thence leaving said Hugh W. Warden, EtAl, land, (11) South 00° 07' 35" East, 1857.56 feet, more or less, to an intersection with the South line of said Lot "D"; thence along the South line of said Lot "D", (12) North 89°30' 04" West, 1131.00 feet, more or less, to Point 2 of said Lot "D" as shown on said Map No. 823, being also Point 12 of said Lot "E" and the Southeasterly corner of said Lot "E"; thence along the South line of said Lot "E", (13) North 89°30' 04" West, 2830.50 feet, more or less, to the TRUE POINT OF BEGINNING T EXCEPTING from the above described parcel of land that portion lying within an 80.00 foot radius circle, granted to Carlsbad Municipal Water District by deed recorded January 4, 1963 as File No. 1851 of Official Records.-. • . Said parcel of land contains 226 acres, more or less.