Loading...
HomeMy WebLinkAbout1975-02-04; City Council; 3045-1; Proposed annexation,< THE CITY OF CARLSBAD, C A L I F' C R t! I Agenda Bill No. _3_nA5_Supplement No. 1 Jate •'- February 4, 1975 Referred To : Subject: Submitted By: PROPOSED ANNEXATION ' Plannipo^Department (South Carlsbad Annexation No. 1.18) tLlfj / /i (Pacesetter Homes) M /* ///In___ If \ M^ /vY/J ^Statement of the Matter See attached memo to City Manager from Planning Director dated January 30, 1975 Exhibit Location Map Ordinance No. Jl 7 fc approving annexation I Staff Recommendations to the City Manager Staff recommends City Council annex the subject territory to the City and•forward the necessary documents to the Secretary of State for recordation. If Council concurs, they should introduce Ordinance No. ff 7^ for first reading, A copy of the ordinance should be sent to LAFCO. AS Wo. Pate: February 4, 1975 L Manager's Recommendation This matter needs some clarification beyond the staff report. The full annexation process must be completed within one year, or by February 5, 1975. This cannot be accomplished. LAFCO can extend the extisting time limitations and the staff has applied for a 6 month extension. It is anticipated that we will have an answer to this request by Monday, February 3, 1975 and will make an oral report to the Council at its meeting. Council Action 2-4-75 Ordinance #1176 was introduced for a first reading. 2-18-75 Ordinance #1176 was given a second reading and adopted, -2- MEMORANDUM January 30, 1975 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: PROPOSED 60-ACRE ANNEXATION The subject 60 acres was proposed for annexation as a part of the City's consideration in Pre-Annexation Zoning Case ZC-145 and Master Plan 132. The original applications were submitted by Pacesetter Homes on behalf of the property owners (Mr. Robert Kostolany and Mr. Charles J. Kramer). The 60-acre parcel is no longer in escrow with Pacesetter Homes, but the property owners (Kostolany & Kramer) still have valid pre-annexational zoning (P-C) and a valid master plan (MP-132). The annexation was approved by LAFCO Resolution on February 4, 1974. LAFCO requires the City to act on the annexation request within one year (February 5, 1975) or the LAFCO approval becomes null and void. Therefore, the City Council must either forward the annexation to the Secretary of State or deny the annexation request by not acting on the matter February 5, 1975. Traditionally, City's annexation policy has suggested that property in the unincorporated part of the "doughnut" be annexed as soon as possible and preferrably be annexed in large blocks. This parcel, although 60 acres, currently has two sides adjacent to existing City limits. If the Council approves this annexation, the annexation would be logical and add another small piece to the City currently within the "doughnut". The City Council then, has two alternatives to consider prior to the time it acts formally on the annexation. (1) The Council must consider the value of the annexation and be cognizant of the fact that since Pacesetter is no longer involved in the project, future property owners or developers may ask the City to change the zone (currently P-C) and alter the adopted Master Plan (MP-132). (2) If it is not desirable to annex the property at this time, the Council should be aware of the pre-annexational zoning already granted for the subject parcel. It would be in the best interest of the City to hold public hearings to rescind prior City Council action on the zoning and master plan so that subsequent developmental programs would be new and the property owner and/or developer would face new LAFCO process. Donald A. Aga^tep DAA/br CARLSBAD I DIE GO ] ORDINANCE NO. 117.6 toCO - & fj> P er< <•L. o 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING 3 THE ANNEXATION TO THE CITY OF CARLSBAD OF CERTAIN UNINHABITED TERRITORY HEREIN- 4 AFTER DESCRIBED AND DESIGNATING THE SAME AS THE "SOUTH CARLSBAD ANNEXATION NO. 1.18" 5 6 The City Council of the City of Carlsbad does ordain as 7 follows: 8 SECTION 1; That it does hereby find and declare as fol- 9 lows: 10 A. That an application for approval of a proposal for the 11 initiation of proceedings for the annexation of territory herein- 12 after identified and described as "South Carlsbad Annexation No. 13 1.18" to the City of Carlsbad, County of San Diego, State of 14 California, was filed with the Local Agency Formation Commission, 15 Reference No. CA 73-50. 16 B. That a resolution of the said Local Agency Formation 17 Commission, after a hearing held in the manner required by law, 18 was duly passed and adopted on the 4th day of February, 1974, 19 approving the application for annexation of the territory herein- 20 after described by metes and bounds to the City of Carlsbad. 21 C. That said resolution provided that said annexation 22 was approved without notice and hearing and further provided that 23 the City Council of the City of Carlsbad was authorized to annex 24 said territory without notice and hearing by said Council and 25 without an election as provided in California Government Code 26 Section 54797.1. 27 D. That a written petition containing the required sig- 28 natures and a description of the uninhabited territory herein- 29 after described has been presented to the City Council of the City 30 of Carlsbad requesting annexation under the Annexation' of Unin- 31 habited Territory Act of 1939, Government Code Sections 35300 t 32 through 35326. o §JRCA!IOCITYAVENLIFORt-J3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 •15 8&il 16 v, , - 17!f>23 z £! 8 o TOLU Z (N rf _H-> 19 20 21 22 23 24 25 26 27 28 29 30 31 32 E. That said petition has been signed or consent hereto has been filed by the owners of all of the land in the territory proposed to be annexed. SECTION 2: That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and that said petition is signed by the owners of not less than one-fourth of the land in the territory by area and by assessed value as shown on the last equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. SECTION 3; That the City Council hereby declares that said petition has been signed or consent to the proposed annexa- tion filed by the owners of all of the land in the territory pro- posed to be annexed and, therefore, no protests may be filed against the annexation by persons owning property in the territory. SECTION 4; That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35303 of the Government Code and is contiguous to the boundaries of the City. SECTION 5; That the aforementioned uninhabited territory included in the proposed annexation is hereby designated and shall hereafter be known as the "South Carlsbad Annexation No. 1.18". SECTION 6; That upon the completion of said annexation all of the property included therein shall be taxed accordingly with the other property within the City of Carlsbad to pay the bonded indebtedness and any and all general indebtedness of the City of Carlsbad contracted prior to, or existing or outstanding .at the time of, the aforesaid proposed annexation of said de- scribed property. SECTION 7; That all requirements of law necessary to the adoption of this ordinance approving the annexation of certain uninhabited territory pursuant to Section 35310.1 of the California 2. o< 2 "• Di£is > o . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 228S" 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Government Code have been complied with. SECTION 8; That it does hereby approve the annexation to the City of Carlsbad of that certain" real property located in the County of San Diego, State of California, designated as the "South Carlsbad Annexation No. 1.18", and more particularly de- scribed as follows: That portion of the West Half of Section 21, Town- ship 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Govern- ment Survey, described as follows: BEGINNING at the South Quarter corner of said Section 21 as shown on La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the •office of the County Recorder of San Diego County, April 6, 1972; thence along said South line of Section 21 (1) North 89°40'20" West, 1243.54 feet to a point distant thereon South 89°40'20"East 119.00 feet from the Southeast corner of said La Costa Downs Unit No. 1 (2) North 00°00"40" West parallel with the East line of La Costa Downs, 150.00 feet (3) South 89040'20" East, 75.00 feet (4) North 00*00 '40" West, 2090.41 feet to the North- west corner of land described in Parcel 1 in Deed to Charles J. Kramer, et ux, recorded September 16, 1958 in Book 7256, Page 331 of Official Records, said corner also being a point on the Southerly line of Rancho Agua Hedionda as established by decree under Superior Court Case No. 16820 (5) South 89050'30" East, 1169.22 feet along said Southerly line to the intersection with the North-South centerline of said Section 21 (6) South 00°00'24" West, 2243.87 feet along said North-South line to the point of beginning SECTION 9; That the City Clerk is directed to prepare under seal a certified copy of this ordinance giving the date of its adoption and transmit it to the Secretary of State. SECTION 10; EFFECTIVE DATE; This Ordinance shall take effect and be in force thirty days after its adoption. SECTION 11; PUBLICATION; The City Clerk of the City of Carlsbad is hereby directed to cause this ordinance to be pub- 3. asCO BS "•" • si 6 zS So o GO_l<r 0 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 lished once in the Carlsbad Journal within fifteen days after its adoption, said newspaper published and of general circulation in said City of Carlsbad. INTRODUCED AND FIRST READ at a regular meeting of the City Council held on the 4th day of February , 1975 and thereafter PASSED, APPROVED AND ADOPTED at a regular meeting held on the 18th day of February , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ROBERT C. FRAZEE., Mayor ATTEST : MAR0ARET E. ADAMS", (City Clerk ^ /(SEAL) 4.