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HomeMy WebLinkAbout1978-08-15; City Council; 5537; ANNEXATION OF MAY COMPANY LAND FROM OCEANSIDE6 - CITY OF CARLSBAD @ AGENDA BILL NO. 553 7 Initial DATE: DEPARTMENT: P1 andn9 SUBJECT : Dept. Hd. el C. Atty. )[ C. Mgr. - Allg&st 15; 19?8 Annexation of May Company Land from Oceanside Statement of the Matter Mayor Packard requested at the August 1, 1978 meeting of the City Council that the matter of the annexation of land owned by the May Company in Oceanside be brought before the City Council for discussion as to whether or not said proposal should be continued. Counci 1 action 8-15-78 The Council agreed that the proposal of the annexatio the land owned by the May Compay in Oceanside be witt- subject to the agreements being satisfactorily made h Oceanside. I e san disgo Local agency formation commission 1600 pacific highway - san dirgo. ca. s+mt bfi TO: Affected Agencies FROM: Executive Officer, LAF SUBJECT: Sphere of Influence €or ity of Carlsbad On June 5, 1978 the San Diego LAFCO adopted the attached resolutic establishing the Sphere of Influence €or the City of Carlsbad. 11 adopting the Carlsbad Sphere, the Commission recommended that cer land use policies and plans be implemented by the City and County mitigate the effects of annexing lands within the established Sph The Commission also directed LAFCO Staff to develop a proposed agricultural lands policy to guide the Commission's future consid of annexation proposals which would convert productive agricultur lands to urban uses. Your agency has been identified as one whic directly involved in implementing these recommendations which arc outlined on Page 2 sf the Resolution, Stewart of my Staff at 236-2015 if you need additional informatic Thank you. Please call nlyself or Jay f 3 0 0 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION ADOPTING THE SPHERE OF INFLUENCE FOR THE CITY OF CARLSBAD On motion of Commissioner Karn, seconded by Commissioner Moore, the following resolution is adopted: WHEREAS, pursuant to Government Code SSectirPn 54774, the I Diego Local Agency Formation Commission is requi.red to develo determine a sphere of influence for each local governmental a within the County; and WHEREAS, said Section 54774 further provides that a sphe influence, after adoption, shall be used by the Commission as factor in making regular decisions over which it has jurisdic WHEREAS, the Commission's Sphere of Influence Guidelines that the sphere boundary established the limits beyond which governmental agency may not annex territory without revision sphere; and WHEREAS, the Executive Officer of this Commission has fi his report relative to the Sphere of Influence for the City c Carlsbad, which report has been reviewed and considered by tl: Commission; NOW THEREFORE, BE IT RESOLVED that this Commission herel finds, determines and orders that: 1. The Commission has called and held a public hearing the purpose of adopting a Sphere of Influence for the City 0. Carfsbad as required by Government Code Section 54774.1; and 2. The Comnlission has considered the factors enumerate1 Section 54774 prior to adopting the Sphere of Influence for City of Carlsbad; 3. (a) The Commission certifies that the final EIR on Sphere of Influence for the City of Carlsbad, prepared by LA has been completed in compliance with CEQA and the State EIR Guidelines, and that this Commission has reviewed and consid the information contained in the EIR; (b) The EIR identifies potentially significant eff of the project with respect to long-term land-use changes; < I 0 0 (c) T:re project Kncorporates measures which mitigats or avoid the significant e.'fects; 4. The Comnission adopts the Sphere of Influence for thr City of CarPsbad as that territory described in Attachment A i shown on the map in Attachment B. BE IT FURTHER RESOLVED that this Commission makes the f o 1 lowing re commendat ions : (a) The City of Carlsbad maintain for agricultural use any agricultural preserves or lands designated by the City or County for agricultural purposes which are located within its Sphere; (b) The City adopt specific land use policies and incentives to encourage the location of new residential and c mercial development on vacant or non-prime agricultural lands within the City prior to annexation of existing open space or agricultural land within the City's Sphere which WOU~~: lead to the development of such lands for urban uses. (This recornendation is made in accordance with the Commissio responsibilities under Government Code Sections 54774(h) and 54790.2) ; (e) The City of Carlsbad adopt a specific development plan to replace the existing "Special Treatment" overlay imposed in the Batiquitos area prior to annexation of territc south of the City's current boundaries in the Lagoon area. This plan should identify and prezone areas for public and private use, consistent with any settlement reached between the County of San Diego arid the affected property owners in the area and the adopted Carlsbad and San Diegunto Local Coastal Program. The plan should be developed in consultatj with those agencies responsible for water quality and wetlanc management in the Lagoon; (d) The County of San Diego establish and maintain a Scenic Preservation Overlay Zone south of La Costa Avenue and east of 1-5 as proposed by the 1976 Batiquitos Lagoon Regional Park Xasterplan. 4 0 0 PASSED AND ADOPTED by the Local Agency Formation Commission oi' County of San Diego this 5th day of June, 1978 - by the following vote: AYES : Commissioners Chapman, Hamilton, Karn Lake (for Morgan) and Moore None NAYS : Commissioners Gorton, McC'hellan and P ABSENT : ABSTAINING : None -1- -e- -!- -t- _I^ -8- ,. I, ,, ,, ,, ,, STATE OF CALIFQRNIA) COUNTY OF SAN DIEGO) I, MICHAEL J. GOTCH, Executive Officer of the Local Agency Fo Commission of the County of San Diego, State of California, h certify that I have compared the foregoing copy with the orig resolution adopted by said Commission at its regular meeting ) June 5, 1978 9 which original resolution is nok file in my office; that same contains a full, true and correc transaript therefrom and of the whole thereof. Witness my hand and seal this 5th day of June. 1 t * 0 0 ATTACHMENT A DESCSIPTION OF THE ADOPTED SPHERE OF INFLUENCE FOR THE CI'VY OF CARLSBAD The adopted Sphczre of Influence for the City of Carlsbad is coteminus with the City's existing boundaries on the north. 011 the east side the Sphere is also coteminus with the City': existing boundaries except where it includes two small unin- corporated islands - one north of Palomar Airport Road adjace to the City of Vista, and another west of Rancho Santa Fe Roa adjacent to the City of San Marcos. On the south the Carlsba Sphere is coteminus with existing city boundaries east of El Carnieno Real; between EL Cainino Real and Interstate 5 the Sphe boundary follows the south side of La Costa Avenue; and to th wes& of Interstate 5, the Sphere follows the south shore of Batiquitos Lagoon, The Carlsbad Sphere incluiic1s the large unincorporated islands surrounded by the City, the entire Batiquitos Lagoon, and tha unincorporated kerritary north of the Lagoon and south of the City's current boundaries. Please refer to the map on Attachment €3. I CIIMENT B 7. .. 1) The Sphere of Infl -* for the city of Ca as adopted by San LAFCO, June 5, 197 2) Existing boundarie city of Carlsbad a June 5, 1978. nri LIRB 1600 pacific highway - sar -. chairman bunt9 Board of Supervisors TO : Robert H e Sonneborn be R. Taylor - gxecutive officer 2541 State Street Date of This May Michasl J. Gofch secretary Porter D. Cremsns counsel RE: Status of Application fsr Proposed "East Carl Grqory C. M. GarraPt Annexation" to the City sf Carlsbad members: Carlsbad, CA 92008 Notice (Ref: CA78-10 ) Ralph W. Chapman 0-y Municipal Water District Dr, Rex Gorton Public: Member WCO Staff has reviewed the application and accoa Wiltiam J. Karn information for the referenced proposal. The ~U'F Utility District this notice is to advise you whether your applieat Orbre V. Mihalek complete as required by State law. The foIlowirag City of Vista information pertains to your application, Please Lucille V. Moore the assigned. LAFCO analyst named below if theK& ax questions concerning your proposal or this notice, alternate &T The application is complete, and EAFCO has bt processing it. LAFCO Staff will contact you members: Wet- Padre Dam District Municipal clarification QZ" CO~IXSC~Q~S are weeded, Pui Tom Hamilton Gov't Code §§ 35152, 54491 and 56198, a Cert. County Board of Filing is enclosed, Ssn Marcos At a later date you wtll receive a fee ktte Alan 0. Skuba ing LAFCO processing fees due and the date e Mayor, City of proposal will be heard by the Gomissian, The application is incotupPeteE and the folk information is required before the appllbsadj be processed: Foilbrook Public Clluncilwoman, County Board of SupeMisors Kilo Morgan Mayor, City of ._ .. National City Alex L. Adamr Of SUVMlOn Stanley A. MohP County Water District Gemdido /r . f?V 0 LMCO Analyst I./ 78 . (714) 236-2015 b, chairman CERTIFICATE OF FILING executive officer secretary TO: Robert H. Sonneborn counsel 2541 State Street members: Dr. Rex Gorton SUBJECT: Proposed "East Carlsbad -n i- William Fallbrodc J. Public Karn Orbee Councilwoman. V. Mihalek Ref o No. CA78-10 of Supervisors The filing date oE this proposal is u National City The application contains the information required alternate State law and the Comrnissionas Rules * Pursuant+'to Government Code Sections 54791, 56198 and 35152, t: members: Executive Officer is issuing this Certificate of F Lee R. Taylor County Board of Supervisors lblduel J. Gotch Porter 0. Cremans Gregory C. M. Garratt Ralph W. Chapman Otay Municipal Water District Public Member Carlsbad +. j CA 92008 * fl 0 the City of Carlsbad Utility Discrid City of Vista Lucille V. Moore County Board Kilo Morgan Mayor. City of 59LS ~ Alex L. Adams Padre Dam Municipal Water District Tom Hamilton of Supervisors Stanley A. Mahr County Water District Alan 0. Skuba Mayor, City of Ewondidc County Board This proposal is: San Marcos A fi7 A 100% Consent item, - /7 The analyst for this proposal is Laurie McKW or more information, please call (7x4) 236-2Ol.5. A Public Hearing item, \ & r* &.- ,. M1C*%9 Execut' e a Officer GoTCH - MJG: rm .. 1/78 _- .* - (714) 236-2( 1600 pacific highway 0 s( -. chairman County Board of Supervisors TO : Robert H. Sonneborn Lee R. Taylor - gxecutive officer 2541 State StreeL Date of This Carlsbad, CA 92008 Notice May Michad J. Gotzh Porter D. Cremanr secretary counsel RE: Status of Application for Proposed "Ezst Car Gregory C. M. Garratt members: %' (Ref: CA78--10 ) +l Annexation" to the City of Carlsbad Ralph W. Chapman Otoy Municipal Water District Dr. Rex Gorton Public Member WCO Staff has reviewed the application and accor William J. KarF information for the referenced proposal. The pur1 Utility District this notice is to advise you whether your applicat Orbee V. Mihalek complete as required by State law. The following City of Vista information pertains to your application. Please Lucille V. Mmre the assigned LAFCO analyst named below if there ai County Board of Supervisors questions concerning your proposal or this notice, Kilo Morgan Mayor. City of - National City I alternate The application is complete, and UFCO has bt processing it, LAFCO Staff will contact you members: Watr Padre Dam District Mutiicipal clarification or corrections are needed. Pui Tom Hamilton Gov't Code §§ 35152, 54791 and 56198, a Cert. County Board of Filing is enclosed. Sen Marcos Alan 6. Skuba Mayor, City of Fallbrook Public Councilwoman. - /X7 Atew L. Adama of SupervisMa Stanley A. Mahi County Wotep District AC a later date you will receive a fee lette: ing LAFCO processing fees due and. the date tl proposal aril1 be heard by the Conunissien. The application is incomplete, and the folloi information is required before the applicatit be processed: bndido LT 4th ekcc #fd * !tq l?Y 13: of' * ,so- LAFCO Analyst 1/ 78 . (714) 236-2( Local agmcy formati I CERTIFICATE OF FILING chairman executive officer secretary TO: Robert H, Sonneborn counsel 2541 State Street members: Dr. Rex Gorton SUBJECT : Proposed "East Carlsbad wt 1ee.R. Taylor County Board of Supervisors Michael J. Goach Porter D. Cremans Gregory C. M. Garram Ralph W. Chapman Otay Municipal Water District Public Member William J. Karn Fallbrook Public Utility District Orbee V. Mihabk Councilwoman, 4 City of Vista Lucille V. Mwre County Board Carlsbad, CA 92008 0 re the City of Carlsbad Ref e NO- CA78-10 of Supervisors by2 1978 Kilo Morgan .I National City The application contains the information required alternate State law and the CommissionBs Rules, Pursuant to members: Alex L. Adams Government Code Sections 54791, 56198 and 35152, t: Executive Officer is issuing ehis Certificaix of F This proposal is: The filing date of this proposal is ~ Mayor. City off Padre Dam Municipal Water District Tom Hamilton of County Supervisors Board Sen Marcor - B7 A ~OOX Consent item, Mayor, Esondido City of - 1-7 A Public Hearing item, Stanley A. Mahr County Water District Alan E. Skuba The analyst for this proposal is For more information, please call (714) 236-2033. Laurie Mcw \ & re.&- .* MICHA f, 3. GOTCH Execut e Officer MJG:rm E "lir _" .' 1/78 (714) 2136-2015 L. CERTIFICATE OF FILING chairman executive officer secretary Porter 0. Cremans counsel 1200 Elm Avenue members: Lee R. Taylor County Board of Supervisors Michael J. Gotch City Clerk City of Carlsbad Carlsbad, CA 92008 TO: Gregory C. M. Garrett Ralph W. Chapman Otay Municipal Water District Dr. Rex Gorton Public Member SUBJECT : Proposed "East Carlsbad Annexation'' to the City of Carlsbad William Fallbrook J. Public Karn Utility District Orbee V. Mihalek Councilwoman, City of Vista Lucille V. Moore County Board Kile Morgan Mayor, City of Ref. No. CA78-10 of Supervisors National City alternate State law and the Commission's Rules. Pursuant to members: The filing date of this proposal is The application contains the information required b Government Code Sections 54791, 56198 and 35152, th Executive Officer is issuing this Certificate of Fi This proposal is: /T7 A 100% Consent item, /-7 A Public Hearing item. The analyst for this proposal is For more information, please call (714) 236-2015. May 25, 1978 Alex L. Adams Padre Dam Municipal Water District Tom Hamilton County of Supew Board isors Stanley A. Mahr San Marcos County Water District - Alan 6. Skuba Mayor, City off Escondido - Laurie Mc&&d&g. \ & -.,a,- MICHAQ. GOTCH Execut' e Officer MJG: rm \' 1/78 .' . 0 0 THE FOLLOWING IS AN EXCERPT OF THE MINUTES OF THE ADJOURF REGULAR MEETING OF THE CARLSBAD CITY COUNCIL HEED MAY 23, 2. SPHERE OF INFLUENCE CHANGE. Discussion was held by the Council and Councm"lman Skotnit moved "That staff be directed to pursue an application tc Lafco for a change in the Sphere of Influence from the present location to one of roughly along Route 78, and ts proceed with the application for deannexation for that property that is involved in the expansion of the May Company Plaza in the City of Oceanside city limits." The motion was seconded by Councilwoman Casler and was p by the following vote: AYES: Councilmen Packard, Skotnicki and Councilwoman NOES: None ! ABSENT: Councilman Anear State of California: County of San Diego: SS. .. 1, MARGARET E. ADAMS, City Clerk of the City of Carl: County of San Diego, State of California, hereby certifg that 1: have compared the foregoing excerpt with the oris Minutes of the City Council held on May 23, 1978, which original Minutes are now on file ~BB my office; that the contains a full, true and correct transcript therefrom i of the whole thereof. WITNESS my hand and the seal of said City sf Carlsbac this 1st day of June, 1978. It I -*' I '* * I li' '! ;* ', '\ , 3 ',, 0 I : 5, **, >1 ,, I. i r i (.,SEAL ) j-9, * :. , I .*. .* '*,',.).' 3 "% ,) , I , , , \,b ,\~~***c (714) 236-2 . Lee R. Taylor County Board of Supervisors REF: Item F executive officer secretary counsel members: FROM: Executive Officer Ralph W. Chapman Staff Analyst Dr. Rex Gorton SUBJECT: Adoption of Sphere of Influence William J. Karn Revision Procedure Michael J. Got& TO: Local Agency Foniiation Commission Porter D. Crernans Gregory C. M. Garratt Otay Municipal Water District Public Memlwr Fallbrook Public Utility District Orbee V. Mihalek City of Vtrta Lucille V. Moore of Supervisors Councilwoman, Background County Board The Sphere of IIifluence Guidelines adopted by you Ktle Morgan Commission on July 11, 1977 establish the basic p Mayor, City of for considering revisions to an adopted Sphere- of alternate Influence, Those Guidelines state that any revis members: an adopted Sphere shall be in accordance with Gov Code Sections 54774.1 and 54774.2, and that an ad Sphere shall be reviewed and updated periodically required by Section 54774. The key provisions of those Government Code secti which discuss Sphere revisions are: National City Alex L. Adomr Padre Dam Municipal Watw District Tom Hamilton of Supervisors Stanley A. Mahr Sen Marcor County Water District Alan 0. Skuba Mayor, City of County Board Ereondido 54774 - "the conmission shall periodically and update the spheres of influenc developed and determined by them." 54774.1 - "The conmission shall adopt d . . revise spheres of influence after public hearing called and held for purpose. )I 54774.2 - Any local agency or county may req resolution an amendment to an ado€ sphere, (By omissioq, this sectic precludes consideration of a spher requested by an individual .) 0 'I.. T'LAFC Re: Spheres Rev& Procedure Page Two - The Executive Officer is required to notify the Commission at its next regular meeting of an agency's request for revision of a sphere. - Upon receipt of a request, the Commission shall set a time and date for a public hearing to con: the request. - Any local agency or county requesting revision ( an adopted sphere shall reimburse the Commissioi for actual and direct costs incurred by the COM in considering a sphere revision. - The Commission may waive such reimbursements if finds that the request for revision or amendmen be considered and studied as part of the Comnis periodic review and update of adopted spheres. However, the statutes do provide for your Commission's discret in three important areas: 1) When LAFCO will periodically review and update adopt spheres of influence; When LAFCO will consider at a publ-lc hearing an ager request for revision of a sphere; and 2) 3) Whether the reimbursement to LAFCO for the cost inct in considering a sphere revision shall be waived. Your Staff recommends that a consistent revision procedure be established by your Commission, which addresses each of these questions. An established policy on these matters would elini potential inconsistencies and conflicts and could avoid frequi reconsiderations of an adopted Sphere by your Commission. If approved, Staff recommends that this procedure be incorporate1 your Commission's existing adopted Sphere oE Influence Guide1 c e e r LAFC Re: Spheres Revi ,on Procedure Page Three Discussion Periodic Review and Update - An adopted Sphere of Influence is based on an area's demonstrated need for public services and a1 agency's demonstrated capability to provide such services throi 1995. To determine these needs and capabilities, L,AFCO has re: on the following documents: 1) the general land-use plans of the County and affectec City; the operating and capital improvement budgets of the City and districts; 2) 3) the land-use, sewer service and transportation assum used in the Regional Series IVB Population Forecasts the proposed 208 Water Quality Management Plan and Regional Growth Management Programs, and the objecti and assumptions of developing Local Coastal Plans. 4) Logically, any revision of an adopted sphere should be based a changes in the service demands or capabilities within the affe territory as expressed in these planning and budget documents. normal revision schedule for these local and and regional plan as follows: City and County General Land-Use Plans maximum of three amendments annually Capital and Operating Budgets Generally once annually Regional Population Forecasts Once every one and one-half to two years 208 Water Quality Management Plan Once every two years Local Coastal Plans Once every five years Re: Spheres Rev1 a .on Procedure e 1, * *LAFC Page Four An adopted Sphere of Influence is used by your Commission as a long-range guide for decisions on individual changes of organi; and is based on land-use and service projections through 1995. Consequently, it seems preferable that LAFCO not review and up1 adopted spheres as frequently as local agencies revise their individual plans and budgets. Instead, the Commission is enco to establish a regular period following adoption of an agency' sphere when LAFCO Staff would review auld update that adopeed S Staff believes this period should be no more frequent than onc every two years following adoption of the agency's Sphere. Th review would result in a Staff recommendation for either certi or revision of the adopted Sphere by your Commission. Public Hearing to Consider a Sphere Revision - The same factor guiding LAFCO's periodic review and update of an adopted Spher should also guide the Commission's decision on when to hear ar agency's revision request. As noted previously, there appears little basis for the Commission to reconsider a request for re an adopted Sphere unless there have first been changes in the use designations and operating or capital budgets affecting tl Sphere area. It also appears desirable that your Commission Staff not have to consider sphere revision requests as frequel as individual annexation or detachment proposals. Finally, b: establishing a set period when the Commission will consider ar agency's request for revision of a sphere in a public hearing local agency would know in advance when its request could be I Staff recmends that your Commission normally consider reque! for revision of an agency's sphere at a public hearing once e7 two years following sphere adoption. This public hearing wou- coincide with the Commission's certification of Staffrs perio review and update of the Sphere. Under this policy, if an ag requested a revision at a time other than LAFCO's periodic re and update, your Commission would not be prohibited from cons the request at that time. Reimbursement to LAFCO - If an agency requests a hearing for revision of a Sphere, and your Commission sets a public heari consider that request before the periodic review'and update E then the local agency is required to reimburse LAFCO for the incurred when considering the revision. If your Commission c e -, 1. 0 <A * , WiFC Re: Spheres RevisLon Procedure Page Five that the request will be considered as part of the periodic re\ and update of an adopted Sphere, then your Commission may waive required reimbursement. Because the scope and timing of an age sphere revision request cannot be predicted, the additional Con and Staff effort required to consider a revision is difficult t determine. Consequently, your Commission should specify whethc reimbursement to LMCO will be required at the time such a reqi is made. Recommendat ion Your Executive Officer recommends that your Commission adopt t' following procedures to govern the revision of an adopted Sphe of Influence : 1) LAFCQ Staff will review and update, and the Comissi will certify an agency's Sphere once every two years following adoption of that agency's Sphere; The Commission will consider an agency's request for revision to an adopted Sphere at a public hearing st for that purpose, considered once every two years following adoption c that agency's Sphere and coincident with the Commisc periodic review. ".. 2) Such a request will normally be 3) The Commission will determine whether, and in what amount, it shall be reimbursed for the actual and d costs incurred in considering a particular revision an adopted Sphere of Influence, This determination should be based on the scope and timing of the indi request, and when the Commission decides to conside a request. It is also recommended that your Commission include these pro in your adopted Sphere of Influence Guidelines. February 28, 1978 chairman executive officer secretary Porter D. Cremans TO : Affected Per&ns and Agencies counsel members: SUBJECT: Proposed "Recommended Sphere of Tnfhen~~ Wasp Distlict city., of Carlsbad" be R. Taylor County Board of Supervisors Michael J. 6otch Q v GI-@. M. Garratt Ralph W. Chapman Otay Municipal - . br.RexGo~t~p -* +blicMomtw ' ' William J. Kam . Utility District Ref. No. -- Fallbrook Pubsic a. &w Councilwoman, V. Mihalak om Fibruary 27 --' 19~, the Local Agen LucitG v. Mm founZy Board Fornation Commission continued its hearing on this p Kile Morgan ----&. June 5 9 19a9 at 9:00 a.F., alternate members: Water District City d Vista rf Supsrviws Mayor, City of cLI1L11 National City Room 310, County Administration Center, 1600 Pacific Highway, San Diego, California o Alex L. Adams Padre Dam Municipal Tom Hamilton County Board of Supewisors Stanley A. Mahr San Marcor County Watsr District Alan B. Sub Mayor, City of Escondido MICHAEL J. GgTCH Executive Officer na -7 5: . . A, L 1 a d .I ;L: 8+ . $2 ,