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HomeMy WebLinkAbout1982-11-02; City Council; 7192; The Woodward Annexation4 - CIT. OF CARLSBAD - AGENDA BILL AB# .717 2- TITLE MTG.LIJ&&L THE WOODWARD ANNEXATION DEPT. LUP DEPT. HD.~ EL CITY MGR.Z CITY ATP/ RECOMMENDED ACTION: The Planning Staff recommends that this application be APPROVED and that the City Council ADOPT Resolution No. 705-0 This item is a request by the Woodward Companies for City Council approval of an annexation of 144 acres of land, generally located *north of Tamarack Avenue, east of Sierra Morena. The property was prezoned R-1 on July 6, 1982. On October 4, 1982, 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 annexation policy. ENVIRONMENTAL REVIEW: The Land Use Planning Manager has issued a Negative Declaration for a zone change on subject property, which was approved by the Planning Commission on May 26, 1982. A copy of the environmental documents is on file in the Land Use Planning 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. 70<0. B. LAFCO Resolution of Annexation. I 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 .- RESOLUTION NO. 7- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE WOODWARD ANNEXATION WHEREAs, an application for approval of a proposal for the initiation of proceedings for the annexation of territory hereinafter identified and described as Woodward Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 82-3; 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 4th day of October, 1982, approving the application for annexation of the territory described by metes and bounds on Exhibit "A" , attached hereto, to the City of Carlsbad; and WHEREAS, said resolution provided that the annexation 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 Section 35151; and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the Local Agency Formation Commission requesting annexation under the Municipal Organization Act of 1977; and 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 WHEREAS, said petition has been signed or consent thereto has been filed hy the owners, of all of the land in the territory to be annexed;, NOW, THEREFORE, RE 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 on file with the Local Agency Formation Commission contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsad and that said petition has been signed, or consent to the proposed annexation filed, by owners of all of the land in the territory proposed to be annexed, and therefore, no protests may be filed against the petition by persons owning property in the territory. 3. That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35038 of the Government Code and is contiguous to the boundaries of the City. 4. That upon 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 proprosed annexation of said described property. 5. 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. 6. 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 Cali.fornia, designated as the Woodward Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. // 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 2nd day of November ., 1982, by the following vote, to wit: AYES : Council Pkmbers Casler, Lewis, Kulchin, Chick and Aneax NOES: None ABSENT: None 9Ly /&A/ MARY H. $ASLER, Mayor ATTEST: ,vL *AA ,er-, ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 4 .. , .- c ' CA82-3 "NOODWARD ANNEXATION" (City of Carlsbad) Legal Description All that portion of Lots "E" and "1" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the County Recorder's Office of San Diego County, November 16, 1896, lying within the following described boundaries: Beginning at the Southwest corner of Carlsbad Tract No. 76-12 according to map thereof No. 9935, filed in the County Recorder's Office of said county, December 16, 1980, being an angle point in the boundary of the City of Carlsbad as established by their Ordinance No. 1164, adopted March 6, 1974, by said city; 1. 2. 3. 4. 5. 6. 7. 8. thence North OOO34'50" East, 1093.81 feet (record-North 00'36'35" East) along the West line of said Map No. 9935 and said city boundary to the North line of Lot ''E" of said Map No. 823; thence North 89O25'10" West, 617.25 feet (record-North 89'23'25" West, 669.70 feet) along said North line to an angle point in said city boundary ; thence continuing along said North line of Lot "E" and the North line of Lot "I" of said Map No. 823, North 89O22'43" West, 2873.31 feet to a point which bears South 89'24'24" East, 76.07 feet, (record-South 89'50'00" East 75.51 feet) from the Southeast corner of El Camino Mesa Unit No. 6, according to map thereof No. 6988, filed in the County Recorder's Office of said county, July 15, 1971, said point being the Kortheasterly corner of that 75.00 foot easement described in deed to the San Diego Gas and Electric Company, recorded June 16, 1966 as File No. 98887 in Official Record of said county; thence along the Easterly line of said easement, South 6O03'54" East, 18.06 feet (record-South 6'29'30" East) ; thence continuing along said Easterly line South 25O41'48" East, 1940.43 feet (record-South 26O07'24" East, 1940.23 feet); thence leaving said Easterly line South 24"00'43" West, 252.97 feet (record-South 23'34'23" West, 253.69 feet) to a tangent 600.00 foot radius curve concave Easterly; thence Southerly 190.38 feet (record-190.31 feet) along said curve through a central angle of 18°10148" (record-18'10'23"j ; thence South 5O49'55" East, 113.39 feet (record-South 5'24' West, 113.03 feet) to a tangent 600.00 foot radius curve concave Northwesterly; EXH IBI T I' A" Page 1 of 3 .I CA82-3 9. 10. 11. 12. 13 . 14. thence Southerly, 251.72 feet (record-251.87 feet) along said curve through a central angle of 24°02'17" (record- 24 "03 ' 05") ; *_ thence South 29O52'12" West, 186.08 feet (record-South 29O27'05" West, 186.18 feet) to Engineer's Station 494+54.94 on the center line of Road Survey No. 1800-1 (El Camino Real) map on file in the County Engineer's Office of said county; thence South 29O54'06" West, 30.00 feet (record-South 29O27'05" West) to the Southwesterly line of Road Survey No. 682 (El Camino Real) map on file i.n the County Engineer's Office of said county, being a point in the Easterly boundary of the City of Carlsbad as established by Resolution of the Board of Supervisors of said county on July 11, 1952, as item 5; thence Southeasterly along said Southwesterly line and said city boundary to a line which bears South 35°27'02" East from the most Southerly corner of Record of Survey No. 8927, filed in the County Recorder's Office of said county, February 4, 1982; thence North 35O27'02" East along said line to said most Southerly corner thereof; thence along the boundary of said record of survey the following courses: North 35"27'02" East, 55.00 feet; North 44O51'49" West, 132.79 feet; North 31O53'39" East, 69.52 feet; North 36O54'35" East, 92.46 feet; North 42O38'22" East, 92.46 feet; North 48O22'09" East, 92.46 feet; North 63'22'33" East, 92.93 feet; North 47O34'26" East, 94.11 feet; North 77O48'51" East, 94.10 feet; North 77O35'14" East, 91.01 feet; North 77°01'01" East, 89.97 feet North 64O36'30" East, 96.25 feet; North 85O03'02" East, 96.03 feet; North 89O01' East, 100.00 feet; North 89°00'56" East, 100.13 feet; North 8G002'29" East, 106.46 feet; South 86O38'12" East, 110.56 feet; North 61O31'48" East, 110.56 feet; EXHIBIT ''A" Page 2 of 3 ,, ,I CA82-3 North 66O09'36" East, 106.32 feet; North 60°25'04" East, 105.83 feet; North 54O44'11" .East, 104.55 feet; North 55O24' East, 100.00 feet; North 58°15'45" East, 200.25 feet; North 55O24' East, 100.00 feet; North 52O32'15" East, 100.13 feet; North 51O19'35" East, 103.56 feet; North 48O41'45" East, 104.95 feet; North 42O57'58" East, 104.96 feet; North 41O31'03" East, 101.58 feet; North 41O18'45" East, 100.13 feet; North 38'27' East, 100.00 feet; North 37O30'57" East, 106.26 feet to an angle point in the boundary of said record of Survey Map No. 8927; 15. thence South 89°25'10" East, 319.08 feet along said boundary to the point of beginning. iw:kt LAFCO 10/7/82 E XI1 I B I T I' A" Page 3 of 3 Item 4 " Bef: CA82-3 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD • "WOODWARD -ANNEXATION" On motion of Commissioner Mahr , seconded by Commissioner Bennett , the following resolution is adopted: WHEREAS, a petition of landowners was submitted to this Commission for annexation of territory to the City of Carlsbad. (hereinafter referred to as the City), which petition was certified sufficient by the executive officer on September 30, 1982 WHEREAS, the executive officer of this Commission has filed his report on said proposed annexation, which report has been considered by this Commission, NOW THEREFORE BE IT RESOLVED THAT THIS COMMISSION HEREBY FINDS, DETERMINES AND ORDERS as follows: 1. The territory proposed"to T>e annexed (hereinafter referred to as the Territory) is as described in the petition on file with the Local Agency Formation Commission. 2. The description of the boundaries of the Territory as described in Exhibit A attached hereto is definite and certain. 3. The description of the boundaries of the Territory does conform to lines of assessment and ownership. *' AH owners of land within the Territory have consented in writing to the proposed annexation. 5. The Territory includes 144 acres and is un inhabited. 6. The Territory proposed to be annexed is hereby designated the "Woodward Annexation" o 7. The Commission certifies that it has reviewed and considered the information contained in the EIR prepared by the City of Carlsbad. The Commission adopts the Environmental Findings required by Section 15088 of the State CEQA Guidelines for each significant impact identified by the EIR, as stated on Exhibit C attached hereto. 8. The Commission hereby approves the proposed annexation subject to the proposed conditions, if any as stated on Exhibit B attached hereto. 9. The Commission hereby designates the City as the conducting authority and authorizes the Legislative Body of said City to initiate annexation proceedings in compliance with this resolution, without notice and hearing and without an election. 10. The Executive Officer of this Commission is directed to mail and file certified copies of this resolution in accordance with Government Code Section 35159. -2- o PASSED AND ADOPTED by the Local Agency Formation Commission of the County >£ San Diego this 4th day of October , 19_82, by the following vote: AYES: Commissioners Bennett, Chapman, Lake, and Mahr NOES: None ABSENT: Commissioners Eckert, Hedgecock, and Hostler 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 4, 1982 , 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 7th day of October , 19 82. (MU^ WILLIAM D. DAVIS, Executive Officer San Diego County Local Agency Formation Commission Ref:CA82-3 o CONDITION(S) 1. .The boundaries shall be modified to conform to Exhibit A attached hereto EXHIBIT "B1 vfirf by fhe Local Agency Formation Commission of San Diego C3 Executive Officer of said Commission o CA82-3 ENVIRONMENTAL SUMMARY AND FINDINGS FOR SIGNIFICANT EFFECTS OF "WOODWARD ANNEXATION" (ROBERTSON RANCH) 8 Lead Agency: City of Carlsbad SUMMARY Impacts 1. Agriculture; The loss of 160 acres of prime agricultural land resulting from the ultimate development of the project site for residential purposes, is considered a significant, non-mitigable impact to regional agricultural resources. 2. Geology and Soils; Project implementation will result in extensive landform alteration (grading) for the creation of internal streets and building pads. Due to the suspected presence of land- slides and faults, erosive soils, and potential groundwater problems, development of the property will result in potentially significant impacts in the absence of appropriate mitigation measures. 3. Drainage (Hydrology and Water Quality); Development of the subject property will result in increased surface runoff. This increased runoff is the result of the surface paving and land coverage resulting from road and building contruction. With develop- ment of residential land uses on the proposed project site, the quantity of surface runoff flow will incrase. 4. Noise; Implementation of the Robertson Ranch project will result in the construction of residential structures in close proximity to Tamarack Avenue which is expected to experience average daily trips (ADT) of 14,700 by 1996. Because of the elevation and setback distances of some of the proposed residences, the cumulative effects of increased vehicular activity will expose future occupants to a Community Noise Equivalent Level (CNEL) above County of San Diego noise compatibility standards for residential areas. 5. Aesthetics: The ultimate development of 530 residential dwelling units and associated streets will require extensive landform modi- fication, although the exact quantity of cut and fill grading is not known at this time. Major cut and fill slopes will be visible from El Camino Real, existing nearby residences, and the eastern extension of Tamarack Avenue. Initial construction activities on-site will result in potentially significant short-terrn visual impacts in the immediate project vicinity. EXHIBIT Page Two Mitigation 0 *** 1. Agriculture and Noise: The Planning Commission found that "mitigation of such adverse impacts would not be feasible under the circumstances and under the economic and social needs objectives and concerns in providing the improvements if the project were to be approved, would be included as conditions of approval of the project." 2. Geology/Soils : "Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist." 3. Drainage : "Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer." "The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drainage systems in conf ormance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer." All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot) in perpetuity. An appropriately worded statement clearly identifying the responsibilities shall be placed in the CC&Rs . " "The developer shall construct a desiltation basin of a type and size, and at a location, as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. The desiltation basin shall be serviced by an all weather access/maintenance road." - 5. Aesthetics : The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All slopes shall be maintained in acccordance with the maintenance plan. Said maintenance shall be clearly outlined in the CC&Rs. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading" by Section 11. 06. 170 (a) of the Carlsbad Municipal Code. Grading shall be preformed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compli- EXHIBIT "C" Page Three Q Q ance of .the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. FINDINGS Pursuant to Section 15088(a) of the State CEQA 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 Carlsbad and not LAFCO because the affected resources will be within the City boundaries following annexation. EXHIBIT P-c LOCATION MAP RICK ENGINEERING COMPANY I PI ANNING CONSULTANTS AND CIVIL ENGIIIEERS 3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008 __ _.^_ -. . - . . -