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HomeMy WebLinkAbout1981-11-03; City Council; 6787; Annexation of the Mola Property4 CIT?. 3F CARLSBAD - AGENDA JILL "#- MTG. 11/3/81 .+?5 - -- '. TITLE: ANNEXATION OF THE MOLA PROPERTY I PL DEPT. RECOMMENDED ACTION: The Planning Staff recommends that this application be APPROVED and that the City Council ADOPT Resolution No. [,7/? . ITEM EXPLANAT I ON This item is a request for City Council approval of an annexation of 18 acres of land owned by the Mola Company generally located on the northwest corner of El Camino Real and Alga Road. On October 13, 1980, the Local Agency Formation Commission adopted a Resolution of Annexation for this property. A copy of this resolution is attached for your review. The last remaining discretionary action to complete the annexation is the adoption of a Resolution of Annexation by the City Council. Approval of this annexation would be consistent with the City Council's recently adopted annexation policy. ENVIRONMENTAL REVIEW The Planning Director has issued a Negative Declaration for a General Plan Amendment on the subject property, which was approved by the Planning Commission on November 5, 1980. A copy of the environmental documents is on file in the Planning Department office. FISCAL IMPACT The annexation of this property will generate additional revenue from property taxes which should offset the cost of providing public services to the site. EXHIBITS A. City Council Resolution No. 6714 , dated ///3/8/ . 5. LAFCO Resolution of Annexation I' 1 2 3 4 .' 5 6 7 8 9 10 11 12 13 14 15 16 17 ia L 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 6714- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEX- ATION OF CERTAINUNINHABITED TERRITORY HERE- INAFTER DESCRIBED AND DESIGNATED AS THE MOLA ANNEXATION. .._______ _______ __.- WHEREAS, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as Mola Annexation to the City of Carlsbad, County of San Diego, State of California was filed with the Local Agency Formation Commission Reference No. RO 81-36; and WHEREAS, a resolution of the said Local Agency Formation Commission, after a hearing held in the manner required by law, was duly passed and adopted on the 5th day of October, 1981, approving the application for annexation of the territory (I ' * hereinafter described by metes and bounds to the city of Carlsbad; and fl<& Y-'. 3 - I lf WHEREAS, said resolution provided that said an~ekak.ion was approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said Council and without an election as provided in California Government Code <,;y . ' I Section -3H-!5-1; and ,. WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the City Council of 'on under the Municipal the City of Carlsbad, requesting am Organization Act of 1977,; and t /<A >-' 4 , /. . 8- - 1 h<.; ;I, 1 i'( r , / WHEREAS, said petition has been signed or consent 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 20 thereto has been filed by the owners of all of the land in the territory proposed to be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbadnand that said petition is signed by the owners of not less than 25% of the land in the territory by area and by assessed value as shown on the latest equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. ,. c, .I il dV.''C 3. 'That the City Council hereby declares that said petition has been signed or consent to the proposed annexation filed by the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the annexation by persons owning property in the territory. 4. That the territory proposed to be annexed to the city is uninhabited territory as defined by Section 35038 of -.,e Government Code and is contiguous to the boundaries of the city. 5. That the aforementioned uninhabited territory t a**. included in the proposed annexation is hereby designated and shall hereafter be known as the Mola Annexation. , .) /.: r, ii 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 n 3 1 2 3 4 .5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - time of, the aforesaid proposed annexation of said described property. 7. That all requirements of law necessary to the adoption of this resolution approving the annexation of certain uninhabited territory pursuant to the provisions of the . *. ( Municipal Organization Act of 1977.have been complied with. 8. That it does hereby approve themannexation to the zh9ri r' (c d/S.t+/ I , (/, ".. '1" kr. -. r".','. J? , ,If, /. / City of Carlsbadflof that certain real property located in the County of San Diego, State of California, designated as the Mola Annexation and more particularly described as follows: That portion of the West half of the Northeast Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the Northwest corner of the West half of the Northeast quarter of said Section; thence along the West line of the West half of the Northeast Quarter of said Section South 0'03'33" East 1862.74 South 89'15'32" East 960.38 feet to an intersection with the Southwesterly line of that certain parcel of land described in deed to the County of San Diego recorded July 10, 1970 as Document No. 121184 of Official Records of said County, said Southwesterly line being drawn parallel with and distant 45.0 feet Southwesterly measured at right angles from the center line of El Camino Real as shown on San Diego County Road Survey No. 1880-1 on file in the Office of the County Engineer of said County; thence along said Southwesterly line South 7'35'00" East 783.30 feet to the South line of the West half of the Northeast Quarter of said Section 26; thence along said South line North 80'15'32" West 1062.96 feet to the West line of the West half of the Northeast Quarter of said Section; thence along said line North 0'03'33" West 775.12 feet to the True Point of Beginning. I/// //// //// //// //// -3- a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 3rd day of November, 1981, by the following vote, to wit: AYES : Council Nders Packard, Casler, Anear, Lewis and KulcJxin ABSENT: kn@ .I RONALD C. PACKARD, Mayor ATTEST: (SEAL) -4- I f - < . Item: 5 Ref: R081-36 RESOLUTION OF THE LOCAL AGENCY FOR;?IATION COMMISSION APPROVING A PROPOSED REORGANIZATION INVOLVING ANNEXATION TO THE CITY OF CARLSBAD AND DETACHMENT FROM LEUCADIA COUNTY WATER DISTRICT "MOLA REORGANIZATION" e On motion of Commissioner McClella, seconded by Commissioner Mahr , the following resolution is adopted: ' WHEREAS, pursuant to the District Reorgsnization Act of 1965, commencing v,7ith Section 56000 of the Government Code, a petition was submitted to this Commission proposing a reorganization consisting of the following changes of organization: 1. Annexation of territory as described in the application on file with the Local Agency Formation Commission to the City of Carlsbad. 2. Detachment of the territory as described in the application on file with the Local Agency Formation Commission from the Leucadla County Water District. WHEREAS, the petition of landowners was certified sufficient by the Executive Officer on 9/2/81 ; and WHEREAS, the Executive Officer of this Commission has filed his report on said proposed reorganization, which report has been considered by this Commission, NOW TEEREFORE BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMIhTS AND ORDERS, as provided in Government Code Section 56250 et seq. as follows: 1. The description of the boundaries of the Territory as described in the petition is -- definite and certain. 2. The description of the boundaries of the Territory does conform to lines of assessment and ownership. EXHIBIT B / c .- 3. All owners of land have consented in writing to the pro- posed reorganization. 4. The Territory includes 18.00 acres and is — inhabited. 5. The Commission certifies that it has reviewed and con- sidered the information contained in the Conditional Negative Declaration prepared by the City of Carlsbad. The Commission adopts the Environmental Findings required by Section 15088 of the State EIR Guidelines for each significant impact identified by the Conditional Negative Declaration, as stated on Exhibit C attached hereto. 6. The Commission hereby approves a proposed reorganization consisting of annexation of the territory described in Exhibit A attached hereto to the City of Carlsbad and detachment of the territory described in Exhibit A attached hereto from the Leucadia County Water District, subject to the conditions as stated in Exhibit B attached hereto. 7. Pursuant to Government Code Section 56271.1 the City of Carlsbad is hereby authorized to initiate reorganization pro- ceedings in compliance with Government Code Section 56430 et seq. and this resolution, without notice and hearing and without an election. 8. The Executive Officer of this Commission is directed to mail and file certified copies of this resolution in accordance with Government Code Section 56272. -2- o o PASSED AND ADOPTED by the Local Agency Formation Commission of the County of San Diego this m-y, _ day of nr-t-oVv=T- _ , 198_1_, by the following vote: AYES: Commissioners Chapman, Fordem, Hostler, Lake, McClellan, and Mahr NOES: None ABSENT: Commissioners Eckert and Hamilton ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) I, WILLIAM D. DAVIS, Executive Officer of the Local Agency Formation Commission of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on October 5, 1981 , which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this /S^ day of October t WILLIAM D. DAVIS, Executive Officer San Diego County Local Agency Formation Commission .- . .. .. ' #.. . .- .' ; . ..... I r .- ... .... . .... .. .. ... ... .. . " . ~. ... ... .. - .- ... r f,.: .. ... .. - ... .. .. .-. d. --_ .. .. .. , .... .e.. - ... .. . -* . .. -.e., .I. . ., ..- .. -. . -_ _,.... J I. - . __...- .i .... .. .. * . .. ~ - .. .. .I ._ -2, .I. .- .. ., . <.' , .. .. ._ . -LEGAL DESCRIPTION -. . - ~ .- i -. - -_ - .. ., . - . .- -.. . . - -. - -. - . "Mola Annexation" to the City-of Carlsbad . -_ ~ -. .- --- ~08i-36. - . _L . _- -- - .- - .-- ..- -. - ... ... _,. .. ... .... .. . .__ . .. ..... -- - . . -._ - .- . . ., .. -- ._ .. ' . .- 1 ~ ~ -. - ..- - - - - ._. - -.<-.a - , - .- .' . -' . * .. ' . .__ :.. : .. , -. ,. - ha't po;tion' .of .the W Township 12 South, Range 4 West, .San Bernardino.Meridian, in the County. -: -. described as fol.lows: half. .of the Northeast Quarter.of Section -26;'. .- of San Diegw, State of California, according .. ..- to'Officia1 : -. ..... . Plat thereof, thence along the West ..line..Qf the'West half' .... ..... ....... ..... .. .. ... . -- . -. ..... .... .... .. .. .- a, .. 2 .. ~. .. -. . _. Commencing at' the.; K'orthwest- coiner-- of:-.the'West half of-'-the Northeast .. :::- - .. f the Northeast Quarter of said Section South~V13333"'Cast 1862-74 -. :: .. . .,- - .- : .. South 89O15'32" East 960.38 feet to an intersection with the South- .... rwiresterly line of that certain parcel of land described.in deed to the ,, County of San Diego recorded Julp 10,.1970 as Document No. 121184 of . quarter of said Section; :. "',. ., . ::.?- . feet to the True. Point of Beginning; thence leaving said West line + ... .. .. .. /. -- fficial Records of said County, said Southweste;ly line being drawn .* .. - ngles from the.center line of El Camino Real as shown.on San Diego -' .... ...... ounty Road Survey No.. 1880-1 on file in the Offi-ce of.:'the County ... arellel with and distant 45.00 feet Southwesterly measured at,right .:f ' ngineer of said County; thence along .said Southwesterly line South ''. .--7O35'00" East 783.30 feet to the South line of the West half of the . . *. 'Northeast Quarter of said Section 26; thence line along said South '.,"line North 89°15'32" West 1062.96 feet to the West line of the West .. :' half of the Northeast Quarter of said Section; thence along said line '.. North OOO3'33" West 775.12 feet to the True Point of Beginning. - - . - - - - . Page-1 of 1 --- ------___ -__ _- __. __ ..... - - - .......... . .- ........ .. ... ... .. . ....... ..... .... . ~ .. - .. .. - ,' -. . .. .... ....... .. I. Ref: ~081-'36 CONDITION (S) 1. The boundaries shall be modified to conform to Exhibit A attached hereto. t 4, EXHIBIT "B" . .. e SUMMARY . ENVIRONMEIZTAL SUMT4AR'I AND FINDINGS FOR SIGNIFICANT EFFECTS OF "MOLA REORGP.IJIZATION" R081-36 Lead Agency: City of Carlsbad - R08 1 - 3 6 Impacts Prezoning and development of the site for commercial use could impact drainage/run-off, traffic access, and archaeological resources. Mitiaation 1) Property owner shall sign an agreement with owners of abutting * property to use joint access, to the satisfaction of the City of Carlsbad: 2) A detailed drainage and run-off plan shall be prepared by a certified engineer prior to any grading, showing location of sediment traps: 3) A program of archaeological mitigation, as outlined in the 1981 "Biological, Archaeological and Drainage Analysis" prepared by WESTEC Services, shall be implemented prior to site grading. .,I FIND I NGS Pursuant to Section 15088(a) of the State EIR Guidelines, find that the mitigation measures listed above for the identified impacts have been adopted by the City of Carlsbad, and that the mitigation is within the jurisdiction of the City of Carls- bad and not LAFCO because the affected resources will be within the City boundaries upon annexation. L EXHIBIT "C" . P Ro Po5E 0 ANNEXATION CA8I -2 > •#«* -- «X-~ o (7t4) 236-2015 • Sdfl Local agency formation commission I6OO pacific highway • sandkgo.ca.92K* chairman Dr. CharfaaW. Hoatlar Public Member executive officer William D. Davis counsel DonaM 1_ Clark members Ralph W. Chapman Ctay Mtm-eipaJ Water District Paul W. County Board of Supe'visors Ton> Hamilton County Board of Supervisors Dwi Lak« Couiciiman, City of Lemon Grove Gloria McCleKan Council uxoroan, City of Vista Stanley A. Mshr San Marcos County Water Diatrici eltfirnute msmiwre AUx L. Adam* Padre Dam Municipal Water District Paul Eckan County Board of Supervisors Mifca Gouh Councilmember, City o* San Diego Majorio H«>r»om Alpine Fire Protection District CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Mola Reorganization" (City* of Carlsbad) R081-36 Certain terms and conditions are required by the Local Agency Formation Commission to be fulfilled prior to the completion of the above-named change of organization. (Name)(Title) do hereby certify that the terms and conditions listed below have been fully met. 1. The boundaries shall be modified to conform to Exhibit A attached hereto. Will the affected property be taxed for any existing bonded indebtedness or contractual obligation? yes Q*C no If yes, specify. // Da'te M 00 -Z.o <c O DC O <M *£ <C <Ti "Z. CQ LU 00 • H- UJO "5; Q U __ I <C UJ O LU CQ _I CO ••>- o _i z: |—0 DC I— »-i <M <C h- O r-i O <C.