HomeMy WebLinkAbout1984-06-05; City Council; 7735-1; The Batiquitos Pointe Annexation2-s' CIT'-)F CARLSBAD - AGENDI '-3ILL
RB# 7735-*/ TITLE:
MTG. 6/5/84 THE BATIQUITOS POINTE ANNEXATION
DEPT. pm
DEPTm HD*w CITY ATTY
CITY MGR.~
RECOMMENDED ACTION:
It is reconmended that the City Council ADOPT Resolution No. 76 23 , APPFOVING the Batiquitos Pointe Annexation.
ITpl EXPLANATION
This item is a request by the Sarrrnis Corporation for City Council approval of an annexation of 50.53 acres of land, located on the north side of Batiquitos
Lagoon, between Interstate 5 and the AT&SF Railroad right-of-way. The woperty
was prezoned to RDM(Q) and OS by the City Council on March 15, 1983. On April
2, 1984, the Imal Agency Formation Carmission adopted a Resolution of
Annexation for this property. A copy of this resolution is attached for pur
review. The last remaining discretionary action to ccmplete 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 plicy.
ENVIFtOWWTAL REVIEW
The City Council has certified an environmental impact report, for a zone change and a tentative subdivision mp on the subject property on March 15, 1983. 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 fran property taxes which should offset the cost of providing public services to the site.
EXHIBITS
1. Location Map
2. City Council Resolution No. 7623
3. LAF~ Resolution of Annexation
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RESOLUTION NO. 7623
A RESOLUTION F THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING A REORGANIZATION INVOLVING
ANNEXATION TO THE CITY OF CARLSBAD, DETACHMENT FROM
THE LEUCADIA COUNTY WATER DISTRICT , ENCINITAS FIRE
PROTECTION DISTRICT, AND COUNTY SERVICES AREAS NO. 17
(SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO
LOCAL PARKS). (BATIQUITOS POINTE REORGANIZATION.
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the reorganization of territory
hereinafter indent if ied and described as Batiquitos Pointe
Reorganization to the City of Carlsbad, County of San Diego,
State of California, was filed with the Local Agency Formation
Commission Reference No. RO 83-20; 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 2nd day of April, 1984,
approving the application for reorganization of the territory
hereinafter described by metes and bounds; and
WHEREAS , said resolution provided that said reorganization
was approved following notice and hearing and further provided
that the City Council of the City of Carlsbad was authorized to
annex said territory following notice and hearing by said
Council;
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 reorganization under the
Municipal Organization Act of 1977; and the District
Reorganization Act of 1965; and
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WHEREAS, said petition was certified sufficient by the
Executive Officer of LAFCO on 3anuary 26, 1984;
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 Carlsbad and detached from the Leucadia County Water
District, Encinitas Fire Protection District, and County Service
Areas NO. 17 and No. 83, 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.
3. That the City Council hereby declares that a public
heraing on the proposed reorganization was held on 3une 5, 1984,
and at that hearing, all interested parties were heard.
4. 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.
5 . That the aforementioned uninhabited territory included
in the proposed reorganization is hereby designated and shall
hereafter be known as the Batiquitos Pointe Reorganization.
6. That upon completion of said reorganzation 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
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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 reorganization of certain
uninhabited territory pursuant to the provisions of the Municipal
Organization Act of 1977, and the District Reorganization Act of
1965, have been complied with.
8. That it does hereby approve the annexation to the City
of Carlsbad and the detachment from the Leucadia County Water
District, Encinitas Fire Protection District, and County Service
Areas No. 17 and No. 83 of that certain real property located in
the County of San Diego, State of California, designated as the
Batiquitos Pointe Reorganzation and more particularly described
on Exhibit "A" attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council on the 5th day
by the following vote, to wit:
AYES : Council Manbers Casler,
NOES: Nom
ABSENT: Nomi?
of June I 198L
Lewis, Kulchin, Chick and Prescott
MARY H./JCASLER, Mayor
ATTEST:
( SEAL 1
Minute ***" "'* \/lt
Item: 6
Ref . : R083-20 .//ft ^
RESOLUTION OF THE SAN DIEGO LOCAL AGENCY
FORMATION COMMISSION APPROVING A PROPOSED
REORGANIZATION INVOLVING ANNEXATION TO THE CITY OF CARLSBAD,
DETACHMENTS FROM THE LEUCADIA COUNTY WATER DISTRICT,
ENCINITAS FIRE PROTECTION DISTRICT, AND COUNTY SERVICE AREAS
NO. 17 (SAN DIEGUITO PARAMEDICS) AND
NO. 83 (SAN DIEGUITO LOCAL PARKS)
"Batiquitos Pointe Reorganization"
On motion of Commissioner Mahr, seconded by Commissioner
Hersom, the following resolution is adopted:
WHEREAS, a petition was submitted to this Commission for the
reorganization of territory including annexation to the City of
Carlsbad and detachments from the Leucadia County Water District,
which petition was certified sufficient by the Executive Officer
on January 26, 1984; and
WHEREAS, the territory proposed for reorganization is as
described in the application on file with the Local Agency
Formation Commission; and
WHEREAS, pursuant to Government Code Section 56262, the
Executive Officer of this Commission set a public hearing on the
proposed reorganization for April 2, 1984, and gave notice of the
date, time, and place of said hearing in accordance with Govern-
ment Code Sections 56264 and 56265; and
WHEREAS, the Executive Officer of the Commission has filed
his report on said reorganization, which report was received and
considered by the Commission;
NOW THEREFORE, BE IT RESOLVED, that this Commission hereby
finds, determines, and orders as follows:
(1) The hearing was held on the date set therefor, and due
notice of said hearing was given in the manner required by law.
(2) At that hearing the Commission called for, heard, and
considered all interested parties and read and considered the
report of the Executive Officer.
(3) The Commission certifies that it has reviewed and con-
sidered the information contained in the EIR prepared by the City
of Carlsbad.
(4) The Commission adopts the Environmental Findings required
by Section 15091 of the State CEQA Guidelines for each significant
impact identified by the EIR, as stated on Exhibit "B" attached
hereto.
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(5) The Commission certifies that it has reviewed and
considered the information contained in the Negative Declaration
prepared by the City of Carlsbad for the vacant parcels included
in the proposal to avoid creating a County "island."
(6) The Commission finds, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines, that the area added to the reorganization
to create a logical city boundary is not subject to the environmental
impact evaluation process because it can be seen with certainty
that there is no possibility for the proposed project to significantly
impact the environment.
(7) The Commission certifies, pursuant to Government Code
Section 54774.3, that this proposal would have no effect on any
agricultural preserves as defined in Government Code Section
51201 (a) and would not result in the conversion of prime agricultural
land to nonagricultural use.
(8) The Commission hereby approves the reorganization with
modified boundaries, as described in Exhibit "A" attached hereto,
subject to the following conditions:
None
(9) The boundaries of the territory as described in Exhibit
"A" are definite and certain.
(10) The boundaries of the territory do conform to lines of
assessment and ownership.
(11) The territory includes 50.53 acres and is uninhabited.
(12) The territory proposed to be reorganized is hereby
designated the "Batiquitos Pointe Reorganization" (City of Carlsbad).
(13) The Commission hereby designates the City of Carlsbad as the
conducting authority and authorizes the City Council to initiate
proceedings in compliance with this resolution.
(14) The Executive Officer of this Commission is directed to
file and mail certified copies of this resolution as required by
law.
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Passed and adopted by the Local Agency Formation Commission of the
County of San Diego this 2nd day of April ,
19 84 t by the following vote:
AYES: Commissioners Boarman, Bennett, Gotch,
Oravec, Hersom, Mahr, and Hostler
NOES: None
ABSENT: Commissioners Eckert and Fordem
ABSTAINING: None
STATE OF CALIFORNIA)
SS
COUNTY OF SAN DIEGO)
I, JANE P. MERRILL, Acting 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 orig-
inal resolution adopted by said Commission at its regular meeting on
April 2, 1984 ___, 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 9th day of April , 19 84
P. MERRILL
Acting Executive Officer
San Diego County Local Agency
Formation Commission
RO83-20 "Batiquitos Pointe Reorganization" (City of Carlsbad)
All that portion of Sections 28,29,32 and 33, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government Survey, lying within the following described boundaries:
Beginning at the intersection of the easterly prolongation of the
northerly line of the South two-thirds of Lot 4 (Southeast Quarter
of the Southeast Quarter) of said Section 29 with the northeasterly
line of the Atchison Topeka and Santa Fe Railway Company right-of-way,
200.00 feet wide, said point being an angle point in the boundary
of the City of Carlsbad as established by their Ordinance No. 1122,
adopted July 21, 1970, by said City;
1. thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range;
2. thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way;
3. thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line
of a channel as described in deed to W. D. Cannon, recorded
July 6, 1955 in Book 5705, page 55 of Official Records;
4. thence along said center line as follows:
A. south 46° 04' west, 202.96 feet (record - 204.03 feet);
B. south 71° 52' west, 195.12 feet;
C. north 74° 34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
Division of Highways of said county;
5. thence northwesterly along said northeasterly line to the
east-west center line of said Section 33;
6. thence westerly along said east-west center line to the mean
high tide line of the Pacific Ocean, said point being an angle
point in the boundary of the City of Carlsbad as established by
their Ordinance No. 1084, adopted November 5, 1963, by said
city;
7. then northwesterly along said city boundary and mean high tide
line to an intersection with the southwesterly extension of the
southerly lot line of Lot 6 of said Section 33 shown on Record
of Survey Map No. 6561, filed in the County Recorder's Office
of said county, being also an angle point in the boundary of
the City of Carlsbad as established by their Ordinance No. 1141,
adopted December 7, 1971, by said city;
Exhibit "A"
Page 1 of 3
R083-20
8. thence along said city boundary as follows:
A. north 60°21'05" east 204.96 feet along said southwesterly
extension and southerly lot line to an intersection with
the westerly line of said State Highway, as described in
deeds to the State of California, recorded July 23, 1926,
in Book 1258, page 1 of deeds, records of said county
and April 9, 1935, in Book 393, page 200 and April 9, 1935,
in Book 358, page 451 of official records of said county;
B. north 60°21'05" east, 270.03 feet to a point in the north-
easterly line of said State Highway as described as Parcel
No. 2851 in deed from John M. Metcalf, et. al. to the State
of California, recorded on June 23, 1954, in Book 5130,
page 473, of official records of said county;
C. north 17°31' west, 823.25 feet along said northeasterly
line to an angle point in the boundary of the City of
Carlsbad as established by said Ordinance No. 1084;
9. thence generally northwesterly, northerly, westerly and north-
westerly along said northeasterly line and city boundary to the
southerly line of County Road Survey No. 339 (Ponto Drive)
map on file in the County Engineers Office of said county;
10. thence south 89°49' east along the southerly line of said Road
Survey No. 339 to the Easterly line of the ABANDONED portion
of the Atchison Topeka and Santa Fe Railway Company's right-
of-way across the said south two-thirds of said Lot 4, as shown
on Record of Survey Map No. 682 filed in the Recorder's Office
of said county;
11. thence along said easterly line of said railway right-of-way
north 4°40'18" west to an intersection with the southwesterly
line of the existing 200 foot Atchison Topeka and Santa Fe
Railway right-of-way, as shown on State Board of Equalization
Map 804-37-9K on file in the Assessor's Office of said county;
12. thence north 21°08'18" west along said southwesterly line to
an intersection with said northerly line of the southerly
two-thirds of said Lot 4;
13. thence along said northerly line south 89°49'50" east to the
point of beginning..
iw: jc
1/30/84
LAFCC
Exhibit "A"
Page 2 of 3
R083-20 "Batiquitos Pointe Reorganization" (City of Carlsbad)
Detachment from Encinitas Fire Protection District
All that portion of Lot 20 of Section 33, Township 12 south, Range 4
west, San Bernardino Base and Meridian, in the County of San Diego,
State of California, according to United States Government Survey,
lying within the following described boundaries:
Beginning at the intersection of the easterly prolongation of the
northly line of the south two-thirds of Lot 4 (southeast Quarter of
the southeast Quarter of Section 29, Township 12 south, Range 4 west
with the northeasterly line of the Atchison, Topeka and Santa Fe
Railway Company right-of-way, 200.00 feet wide, said point being an
angle point in the boundary of the City of Carlsbad as established
by their Ordinance No. 1122, adopted July 21, 1970, by said city;
1. thence southeasterly along said northeasterly line to the
east-west center line of Section 33, said Township and Range;
2. thence westerly along said east-west center line to the
southwesterly line of said 200.00 foot railway right-of-way,
and the true point of beginning;
3 . thence southeasterly along said southwesterly line to a point
distant thereon 2,939.21 feet southeasterly from the northerly
line of said Section 33, being also a point in the center line
of a channel as described in deed to W.D. Cannon, recorded
July 6, 1955 in Book 5705, page 55 of Official Records;
4 . thence along said center line as follows :
A. south 46°04' west, 202.96 feet (record-204 .03 feet);
B. south 71°52' west, 195.12 feet;
C. north 74°34' west, 244.37 feet to the northeasterly line
of State Highway XI-SD-2-B (formerly U.S. 101 as located
in July 1955) map on file in the Office of the State
Division of Highways of said County;
5. thence northwesterly along said northeasterly line to the east-
west center line of said Section 33;
6. thence easterly along said east-west center line to the true
point of beginning.
Approved by the Local Agency Formation
Commission of San Diego
APR - 2 1984
iw : J c
4/9/84
LAFCO Executive Officer of said Commission
Exhibit "A"
Page 3 of 3
RO83-20
ENVIRONMENTAL SUMMARY AND FINDINGS
FOR SIGNIFICANT EFFECTS OF
BATIQUITOS POINTE REORGANIZATION
Lead Agency: City of Carlsbad
SUMMARY
PROJECT DESCRIPTION (from Carlsbad Staff Report 2/23/83)
The subject property is located immediately north of Batiquitos
Lagoon, between Carlsbad Boulevard and the AT & SF Railroad. The
preannexational zoning involves approximately 39 acres. The
majority (upland area) of this site is proposed to be zoned
Residential Density-Multiple (RD-M), corresponding to an RMH
general plan designation of 10-20 du/acre. The approximately 10
acres of property in the southern end of the site, including part
of Batiquitos Lagoon and a related lowland flat, is to be zoned
Open Space (OS) per the OS general plan designation.
*
The RD-M zoned area can be separated into four groups; a 354-unit
condominium project on one lot on the southern portion of the upland
area, a future development site (possibly motel), separated from the
condominium by proposed Avenida Encinas, and two small existing lots
to the north and northwest of the site (under different ownership)
which are to be similarly prezoned to avoid the creation of county
islands. The requested Open Space zoned property comprises Lot 3
of the proposed subdivision, located on the southern portion of the
property. Plans have been submitted only for the area south of
Avenida Encinas at this time.
Surrounding land uses include Carlsbad Boulevard and the State Park
to the west, the Ponto area and its related industrial/residential
mix to the north, the Seabluff property to the east which has recent-
ly been prezoned to RD-M-Q, and Batiquitos Lagoon to the south.
Access to the project is to be provided from the full-width
construction of Avenida Encinas. The extension of this arterial
over the railroad tracks will occur at a later time.
The project is proposed to consist of 354 condominium units. The
resulting density of 19.6 du/acre (excluding open space and future
hotel acreage) is at the high end of the allowable range for this
area (10-20 du/acre).
Twelve building structures are proposed (two building types) which
will reach a height of 35 feet (three stories). Resident parking is
proposed in subterranean garages, with most visitor parking located
on-grade.
EXHIBIT "B"
Page 1 of 3
o
R083-20
The site is presently used for commercial flower production. Some
grading for the condominium project is anticipated on the relatively
flat site because of the subterranean garage. No grading or develop-
ment is proposed within the open space zone.
MAJOR ISSUES (from Carlsbad Planning Commission Resolution #2087)
A) Agricultural Resources
Impact: The proposed project would result in the loss of 15
acres of agricultural land.
Mitigation: Under the County and LAFCO guidelines, the loss
of agricultural land is a significant impact. Under the City
of Carlsbad Interim Agricultural Policy, however, it is not.
The impact is overriden by the need for this type of housing
in Carlsbad and by agricultural preservation programs imple-
mented by the Coastal Commission.
B) Traffic Circulation
Impact: Traffic from the project would incur a potential safety
hazard due to the inadequate length of the southbound ramps at
the Carlsbad Boulevard/Ponto Drive interchange.
Mitigation: These ramps will be lengthened per condition of
approval of this tentative map.
C) Archaeological Resources
Impact: The project would result in a significant impact on an
identified archaeological site.
Mitigation: A limited testing program followed by excavation and
documentation of the site, if warranted, will be performed.
D) Air Quality
Impact: The project is considered to have an adverse impact on
the attainment of acceptable regional air quality based on RAQS
population projections presently in effect.
Mitigation: The need to provide appropriate housing for the
City of Carlsbad overrides this impact.
E) Hydrology
Impact: Potential lagoon sedimentation impacts could result
from development of the site.
Mitigation: Conditions of approval have been placed on this
tentative map which will control sediment deposit. These include
a desiltation basin and other drainage structures.
- 2 -
R083-20
F) Biological Resources
Impact: The project includes six tennis courts on the lowland
flat adjacent to the lagoon which will significantly affect
the nesting habits of two sensitive bird species on the site.
Mitigation: These six tennis courts have been deleted from
the plan.
G) Visual Resources
Impact: The project buildings are large in scale and mass as
viewed from Carlsbad Boulevard.
Mitigation: The project has been redesigned so as to open up
the buildings to allow views through to avoid the appearance
of massive buildings.
FINDINGS
Pursuant to Section 15091 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 and facilities will be within the
City boundary upon annexation.
Approved by the Local Agency FormationCommission of San Diego
APR - 2 1984
Executive Officer of said Commission
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Approved by the Local Agency Formation"
Commission of San Diego \
APR - 2 1984
Executive Officer of said Commission
DATE:
SCALE: . //
:R.A. PAGE:
ORAWN BY:
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
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Approved by the Local Agency Formation
Commission of San Diego
APR - 2 1984
Executive Officer of said Commission
DATE:3--2-S4-
SCALE:
T.R.A. PAGE:
DRAWN BY:
M.
MAPPING DIVISION
SAN DIEGO COUNTY ASSESSOR'S OFFICE
POINTS /peo/ea.
LAFCO:
AREA:
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