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HomeMy WebLinkAbout1985-02-05; City Council; 8052; The Gremkl AnnexationCITY 3F CARLSBAD - AGENDE 3ILL AB# *OS2 MTG. 2/5/85 TITLE: THE GREMKL ANNEXATION DEPT. PLN I CITY ATTY CITY MG R. * RECOMMENDED ACTION: It is recommended that the City Council ADOPT Resolution No. 79 00 , APPROVING the Gremkl Annexation. ITEM EXPLANATION This item is a request by Gremkl Ltd., for City Council approval of an annexation of 20.27 acres of land, located approximately one-half mile northwest of the intersection of El Camino Real and Alga Road. The property was prezoned to R-1 by the City Council on August 21, 1984. On December 3, 1984, 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. All staff processing on this item was completed before the City Council adopted the interim growth policy regarding no processing of new annexations. ENVIRONMENTAL REVIEW The Planning Commission has approved a Negative Declaration for a preannexational zone change on the subject property on July 25, 1984. 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 f roin property taxes whic'h should off set the cost of providing public services to the site. EXHIBITS 1. Location Map 2. City Council Resolution No. 77 QO 3. LAFCO Resolution of Annexation i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 7900 initiation of proceedings for the annexation of territory hereinafter identified and described as Gremkl Annexation to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. CA 84-6; 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 3rd day of December approving the application for annexation of the territory described by metes and bounds on Exhibit "A", attached hereto, to the City of Carlsbad; and Y -* WHEREAS, said resolution provided that the annexation was ! 1 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER OESCRI6ED AND DESIGNATE0 AS THE GREMKL ANNEXATION. WHEREAS, an application for approval of a proposal for the 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 WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory 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 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 Carlsbad 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 California, designated as the Gremkl Annexation and more particularly described on Exhibit "A" attached hereto and made a part hereof. I1 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 5th day of Februarv , 1985, by the following vote, to wit: AYES: Council Msbers Casler, Lewis, Kulchh, Chick and Pettine NOES: None ABSENT: None 5 d& MARY H. ASLER, Mayor ATTEST: ALETHA L. RAUTEN (SEAL) Minute Item: 4 Ref. No.: CA84-6 RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ANNEXATION TO THE CITY OF CARLSBAD "Gremkl Annexation" On motion of Commissioner Mahr, seconded by Commissioner Adams, the following resolution is adopted: WHEREAS, a petition was submitted to this Cornmission for annexation of territory to the City of Carlsbad, which petition was certified sufficient by the Executive Officer on November 6, 1984; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Commission; and WHEREAS, all owners of land have consented in writing to the annexation; and Y314 ?YEREFORE, EC TT RESOLVED, th3t tnis 2cr,,nissic:i I-lersby finds, dstermines, and orders as follows: (1) The Commission certifies that it has reviewed and consi2ered the information contained in the Negative Declaration ?rs.p3r?it 6y thE City of Carlsbad. (2) The Commission hereby approves the annexation with modified boundaries, as described in Exhibit "A" attached hereto. (3) The boundaries of the territory as described in Exhibit "A" are definite and certain. (4) The boundaries of the territory do conform to lines of assessment and ownership. (5) The territory includes 20.27 acres and is uninhabited. (6) The territory proposed to be annexed is here'ay desiqnat2cl tne "Zrmkl Annexation" to the City of Carlsh3id. (7) 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 without notice and hearing. (8) The Executive Officer of this Commission is directed to file and mail certified copies of this resolution as required by law. -2- 7 Passed and adopted by the Local Agency Formation Commission of the County of San Dieffo this 3rd day of December , 19 84 , by the following vote: AYES: Commissioners Eckert, Fordem, Gotch, Oravec, Adams NOES: None and Mahr ABSENT: Commissioners Hersom and Hostler ABSTAINING: None STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss I, JANE P. MERRILL, Executive Officer of the Local Agency Formation Com- mission of the County of San Diego, State of California, hereby certify that I have”compared the foregoing copy with the oriuinal resolution adopted by said commission at its regular meeting on December 3, 1984 , which oriuinal 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 3rd day Of January , 19 85 . WE P. MERRILL Executive Officer San Diego County Local Agency Formation Commission Approved by the Local Agency Formation Commission of San Oiego . ' OEC -3 884 I -------.= - 7-5-84 \ c/ . . .-i .