HomeMy WebLinkAbout1986-12-04; City Council; 8830; Hosp Grove referendumCARLSBAD — AGENC^ JILL
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12-4-86
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TITLE:
HOSP GROVE REFERENDUM
DEPT. HP.
CITY
CITY
RECOMMENDED ACTION:
Select one of the alternatives explained below, and take the action
corresponding with that alternative.
ITEM EXPLANATION
A referendum petition has been filed in the Office of the City Clerk protesting
the adoption of the following documents:
1. Resolution No. 8848, GPA/LU 86-10, which changed the Land Use Element of the
General Plan from Residential Medium High to Commercial, Office and Open
Space on property located on the west and east sides of Monroe Street, south
of Marron Road on Parcel E of the Hosp Grove Master Plan.
2. Ordinance No. 9813, which amended the zoning map to grant a change of zone
from Planned Community to Office and Commercial and Open Space on property
located on the west and east sides of Monroe Street, south of Marron Road on
Parcel E of the Hosp Grove Master Plan; and
3. Ordinance No. 9815, which amended Master Plan MP-1(A) of Hosp Grove on
property located south of Jefferson Street and Marron Road on both sides of
Monroe Street.
The petition has been processed in accordance with the requirements of the
California Elections Code. The signatures on that referendum petition have been
examined per Section 3708 of the Elections Code, and the petition has been
certified as to its sufficiency. Options now available to Council with regard
to that petition are as follows:
Alternative No. 1 - Repeal the resolution and ordinances against which the
petition is filed.
Section 4055 of the Elections Code provides that Council may entirely repeal the
resolution and ordinances against which the referendum petition is filed.
The City Attorney has previously indicated that repeal of the documents is not a
legal option available to Council at this time based on previous existing
agreements.
Alternative No. 2 - Place the resolution and ordinances on the ballot of the
March 3, 1987 Special Municipal Election.
Section 4055 of the Elections Code also provides that if the legislative body
does not entirely repeal the documents against which petition is filed, the
legislative body shall submit the documents to the voters. Since a Special
Municipal Election has been called for March 3, 1987, Council could submit the
documents to the voters on the ballot at the March election.
PAGE 2 OF AB t
If Council selects this alternative, the first action would be to adopt
Resolution No. JT^O *V , amending Resolution No. 8891, to include the
submission of the resolution and ordinances to the voters at the March 3, 1987
Special Municipal Election. Resolution No. ft^o^ also needs to be adopted
transferring $5,000 from the contingency fund to the City Clerk's budget to
cover the additional election cost.
If Council selects this alternative, they also need to consider their options
concerning the filing of arguments and preparation of an impartial analysis.
A. Filing of Arguments. If Council desires to designate any or all of
their members to prepare and submit an argument concerning the measure,
it would be necessary to adopt Resolution No. ^7<o G > attached. The
deadline for submittal of arguments to the City Clerk's Office has been
established December 15, 1986.
B. Impartial Analysis. If Council desires the City Attorney to prepare an
impartial analysis on the matter, they should adopt Resolution No.
7 • The deadline for submission of the impartial analysis in
the City Clerk's Office is December 15, 1986.
Alternative No. 3 - Continue consideration of the matter until March 3, 1987.
The California Elections Code specifies actions which the legislative body may
take concerning referendum petitions, but does not strictly specify the time
period for taking those actions. Therefore, Council may desire to continue
their consideration of the referendum action until March 3, 1987. At that time,
if the Hosp Grove purchase ballot measure passes, developers have agreed to
withdraw their applications for the General Plan amendment, zone change and
Master Plan amendment; therefore, no action on the referendum would be required.
If, however, the measure on March 3 concerning the purchase does not pass,
Council would then be faced with the issue of taking action on the referendum.
If Council intends to continue their consideration of the referendum until March
3, 1987, a motion to that effect would be in order.
EXHIBITS
1. Resolution No. P7°*/ » amending Resolution No. 8891 to include the
submission of the measure of the resolution and ordinances to the voters.
2. Resolution No. ^o^" , transferring $5,000 to the City Clerk's budget to
cover the cost of placing the measure on the ballot.
3. Resolution No. ^ o Q , which would allow Council to designate any or all
of their members to prepare and submit an argument concerning the measure.
4. Resolution No. P*?0/ > directing the City Attorney to prepare an
impartial analysis of the measure.
5. Copy of referendum petition.
PAGE 3 OF AB *
6. Copy of Resolution No. 8848.
7. Copy of Ordinance No. 9813.
8. Copy of Ordinance No. 9815.
9. Copy of Certification from Registrar of Voters.
RESOLUTION NO. 8904
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
2 CALIFORNIA, AMENDING RESOLUTION NOS. 8891 AND 8892 CALLING
AND GIVING NOTICE OF THE HOLDING OF THE SPECIAL MUNICIPAL
3 ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 3, 1987,
TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS RESOLUTION
4 NO. 8848, AN AMENDMENT TO THE GENERAL PLAN, ORDINANCE
NO. 9813, AND ORDINANCE NO. 9815, A ZONE CHANGE, AND AN
5 AMENDMENT TO A MASTER PLAN (GPA/LU 86-11, ZC-348, MP-KQ)
6 WHEREAS, the City Council of the City of Carlsbad, California on October 28
7 1986, adopted Resolution No. 8848, amending the Land Use Element of the General
8 Plan to change the land use designations of two areas on property generally
9 located on the west and east sides of Monroe Street, south of Marron Road on
10 Parcel E of the Hosp Grove Master Plan; and
11 WHEREAS, the City Council of the City of Carlsbad, on the 4th day of
12 November, 1986, adopted Ordinance No. 9813, amending the zoning map to grant a
13 change of zone from Planned Community to Office and Commercial and Open Space 01
14 property located on the west and east sides of Monroe Street, south of Marron
15 Road on Parcel E of the Hosp Grove Master Plan; and
16 WHEREAS, the City Council of the City of Carlsbad, on the 4th day of
17 November, 1986, adopted Ordinance No. 9815, amending Ordinance No. 9694 (Master
18 Plan MP-1(A)) of Hosp Grove on property located south of Oefferson Street and
19 Marron Road on both sides of Monroe Street; and
20 WHEREAS, Ordinance No. 9813 and Ordinance No. 9815 were published as
21 required by law; and
22 WHEREAS, pursuant to the authority provided by Division 5, Chapter 3, Title
23 2 (commencing at Section 4050) of the Elections Codes of the State of
24 California, a petition has been filed with the legislative body of the City of
25 Carlsbad signed by more than 10% of the registered voters to repeal the
26 Resolution and Ordinances or submit them to a vote of the voters; and
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WHEREAS, the Registrar of Voters examined the records of registration and
ascertained that the petition is signed by the requisite number of voters and
has so certified; and
WHEREAS, the City Council has not voted in favor of the repeal of the
Resolution and Ordinances; and
WHEREAS, the City Council is authorized and directed by statute to submit
the Resolution and Ordinances to the voters; and
WHEREAS, pursuant to the requirements of the laws of the State of Californi
relating to General Law Cities, there has been called and ordered to be held in
the City of Carlsbad, California, on Tuesday, March 3, 1987, a Special Municipa
Election for the purpose of electing a member of the City Council for a short
term;
WHEREAS, the City Council desires to submit this matter to the voters at th
Special Municipal Election on March 3, 1987.
NOW, THEREFORE, BE IT RESOLVE by the City Council of the City of Carlsbad,
California, as follows:
SECTION 1. That the City Council, pursuant to its right and authority, doe
order submitted to the voters at the Special Municipal Election the following
question:
Shall Resolution No. 884-8, amending the Land Use Element of the I I |
General Plan from Residential Medium High to Commercial; Ordinance I YES I |
No. 9813, amending the zoning map to grant a change of zone from I I |
Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO | |
amending Master Plan MP-1(A) of Hosp Grove, be adopted? j I I
SECTION 2. That the proposed measure submitted to the voters is attached a
Exhibit A.
SECTION 3. That the City Clerk shall certify to the passage and adoption o
this Resolution and enter it into the book of original resolutionsl
PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the City
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Council of the City of Carlsbad held on the 4th day of December, 1986, by the
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following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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9 CLAUDE A. LEWIS, Mayor
10 ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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RESOLUTION NO. 8905
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER
OF $5,000 FROM THE CONTINGENCY FUND TO THE
CITY CLERK'S BUDGET FOR ADDITIONAL ELECTION COSTS
WHEREAS, the City Council has called a special municipal election to be heJJd
in the City of Carlsbad on March 3, 1987 to fill a vacant position on the
Council; and
WHEREAS, on December 2, 1986, Council adopted Resolution No. 8894,
transferring $40,000 from the contingency fund to the City Clerk's budget to
cover the costs of that Special Municipal Election; and
WHEREAS, a referendum petition has been filed and certified and Council
desires to place the matter before the voters at the Special Municipal
Election to be held on March 3, 1987; and
WHEREAS, it is estimated that it would cost approximately $5,000 to pay for
the costs of placing the measure on the ballot; and
WHEREAS, there are sufficient funds available in the City's contingency fun
and a transfer of $5,000 would reduce the balance of the fund to $598,408.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the transfer of $5,000 from the contingency account (Account #001
840-1990-2990) to the City Clerk's budget, account number 001-1030-2992, is
hereby approved.
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PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the City
Council of the City ofCarlsbad held on the 4th day of December, 1986, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
RESOLUTION NO. 8906
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A
CITY MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad
California, on March 3, 1987, at which there will be submitted to the voters th
following measure:
Shall Resolution No. 8848, amending the Land Use Element of theIII
General Plan from Residential Medium High to Commercial; Ordinance | YES | |
No. 9813, amending the zoning map to grant a change of zone from | I |
Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO | |
amending Master Plan MP-1(A) of Hosp Grove, be adopted? j I I
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Carlsbad, California, does declare, determine and order as follows:
SECTION 1. That the above recitations are true and correct.
SECTION 2. That the City Council authorizes
to file a written argument regarding the City measure set forth in the recitals
hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Cod
of the State of California, and to change the argument until and including the
date fixed by the City Clerk after which no arguments for or against said City
measure may be submitted to the City Clerk.
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PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the Carlsba
City Council held on the day of , 1986, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO. 8907
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF THE ANALYSIS
PERTAINING TO THE HOSP GROVE REFERENDUM
WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad
on March 3, 1987, at which there will be submitted to the qualified voters of
said City, the following Proposition, to wit:
Shall Resolution No. 8848, amending the Land Use Element of the|||
General Plan from Residential Medium High to Commercial; Ordinance | YES | |
No. 9813, amending the zoning map to grant a change of zone from | | |
Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO | I
amending Master Plan MP-KA) of Hosp Grove, be adopted? j I I
WHEREAS, the City Council desires to have an impartial analysis prepared
showing the effect of the measure on existing law and the operation of the
measure;
NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED AND ORDERED by
the City Council of the City of Carlsbad as follows:
SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Cod
of the State of California, this City Council does direct the City Attorney to
prepare an impartial analysis of the measure.
SECTION 2. The impartial analysis shall not exceed 500 words in length.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad on
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_, 1986 at an Adjourned Regular Meeting thereof by the
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following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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9 CLAUDE A. LEWIS, Mayor
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ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO.8848
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT
OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNA-
TIONS OF TWO AREAS OF THE CITY'S GENERAL PLAN.
GPA/LU 86-10 (ODMARK/COLLINS) AND GPA/LU 86-ll(CITY)
WHEREAS, the Planning Commission did on September 17,
1986 hold a duly noticed public hearing as prescribed by law to
consider amendments to the Land Use Element of the General Plan
GPA/LU 86-10 and GPA/LU 86-11; and
WHEREAS, an Environmental Impact Report has been
recommended by the Planning Commission on September 17, 1986, and
certified by the City Council on October 14, 1986 in satisfaction
of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1980 and the California Environmental
Quality Act; and
WHEREAS, the City Council did on October 14, 1986 hold c
duly advertised public hearing to consider said amendments and at
said time received the recommendations, objections, protests and
comments of all interested persons desiring to be heard; and
WHEREAS, the City Council after considering the proposed
changes to the Land Use Element of the General Plan, directed the
City Attorney to return with appropriate documents to amend the
Land Use Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That this resolution constitutes a single amendment
to the Land Use Element of the General Plan.
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C. That the findings of the planning staff as set forth
in Draft Planning Commission Resolution Exhibit A and the
findings of the Planning Commission as set forth in Resolution
No. 2620, Exhibit B, constitute the findings of the City
Council.
D. That the Land Use Element of the Genral Plan is
amended as follows:
1. GPA/LU 86-10; Change the Land Use Element from
Residential Medium High (RMH 8-15 du's/acre) to Commercial (C),
Office (O) and OS (Open Space) on property generally located on
the west and east sides of Monroe Street, south of Marron Road on
Parcel E of the Hosp Grove Master Plan (MP-l(C)) as shown on the
map marked Exhibit C attached hereto and made a part hereof.
2. GPA/LU 86-11; Change the Land Use Element from
Residential Medium High (RMH 8-15 du's/ac) to Open Space (OS) on
property generally located south of the intersection of Jeffersor
Street and Marron Road on Parcel F of the Hosp Grove Master Plan
(MP-l(C)) as shown on the map marked Exhibit D attached hereto
and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 28th day of October 1986 t
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None -I _
ABSENT: None
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City CL£rk
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EXHIBIT A
33-i
Resolution XO..'• DRAFT
1 PLANNING COMMISSION RESOLUTION
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A RESOLUTION OP THE PLANNING COMMISSION OP THE CITY OF
3 CARLSBAD, CALIPORNIA, RECOMMENDING APPROVAL OP AN
AMENDMENT TO THE LAND USE ELEMENT OP THE GENERAL PLAN PR
4! RMH (RESIDENTIAL MEDIUM HIGH) 8-15 DU/AC TO C
(COMMERCIAL), 0 (OPPICE), AND OS (OPEN SPACE)
5 ON PROPERTY GENERALLY LOCATED ON THE WEST AND EAST SIDES
OP MONROE STREET, SOUTH OP MARRON ROAD ON PARCEL E OP TH
6 HOSP GROVE MASTER PLAN (MP-I(O)
I! APPLICANT: COLLINS DEVELOPMENT
7ij CASE NO. ; GPA/LO 86-10
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8 WHEREAS, a verified application tor an amendment to the
9 General Plan designation for certain property located, as shown
10 Exhibit(s) herein, has been filed with the Planning Commission;
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and
12,| WHEREAS, said verified application constitutes a request
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13 for amendment as provided in Title 21 of the Carlsbad Municipal
14 ii Code; andii .
15 WHEREAS, the Planning Commission did, on the 17th day o:
16 September, 1986, hold a duly noticed public hearing as prescribec
1? by law to consider said request;
18 WHEREAS, at said public hearing, upon hearing and
19 considering all testimony and arguments, if any, of all persons
20 desiring to be heard, said Commission considered all factors
21 relating to the General Plan Amendment.
22 NOW, THEREPORE, BE IT HEREBY RESOLVED by the Planning
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23 commission of the City of Carlsbad, as follows:
24 A) That the above recitations are true and correct.
25 B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of GPA/LU 86-10, based o
26 the following findings and subject to the following
conditions:
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i ////BEST
ORIGINAL
1:
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Findings ;
1) The Office and Commercial
the Commercial designation
mall for reasons stated in
2) The Open Space designation
designations are compatible with
existing at the adjacent shopping
the staff report.
will allow for the preservation of
; an existing natural resource.
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3) The Open Space designation
Commercial designation to
designations to the south
4) The General Plan amendment
impact on the environment
environmental findings of
will provide a buffer between the
the north and the residential
and west.
will not create a significant
for the reasons outlined in the
the Planning Commission attached
hereto as Exhibit "X", dated September 17, 1986 and
incorporated herein.
Condition;
li 1) Approval is granted for GPA/LO 86-10, as shown on exhibit "1 •
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dated September 10, 1986,incorporated by reference and on
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City
the 17th day of September, 1986
AYES:
NOES i
ABSENT t
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RESO NO. 2616
of Carlsbad, California, held on
, by the following vote, to wit:
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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SEPTEMBER 996
Mitigation:
The following items constitute the Planning Commission's
environmental findings for this project. The mitigation measures
listed below describe the project changes which reduce these
impacts to insignficant levels.
A. TRAFFIC CIRCULATION
Impact: An increase in trips will result from the proposed
alternative because commercial use typically has
higher generation rate than residential.
The additional trips can be accommodated with the
(1) construction of Monroe Street as a secondary
arterial with additional deceleration/acceleration
lanes serving the commercial center, (2) upgrading
of the signal light at Marron/Monroe intersection,
(3) bond and prepare plans for a traffic signal at
Street "A* of the commercial center entrance and
Monroe Street for when a future signal is
warranted.
Hosp way, and Jefferson Street west of Marron,
will have a level of Service P with the trips
generated by the proposed project.
These two roadway segments are classified as
residential streets with a maximum of 500 ADT,
which is already exceeded by existing ADT. These
streets can be reclassified as Collector streets
to accommodate existing and future ADT.
The grading operation for Parcel B will require
export of 124,000 cubic yards of dirt which could
have a short-term impact on surrounding streets.
The use of cutoffs and flagmen will help to
minimize impacts at the Marron/Monroe
intersection. Such condition will be part of the
final grading plan approval.
TOPOGRAPHY AND VISUAL AESTHETICS
Parcel D — Adverse impacts would occur in that
the existing slope above Marron Road would be cut
down 30 feet, no buffer of trees would be
retained, and three-story buildings were within 15
feet of the edge of the slope.
Impact:
Mitigation:
impact:
Mitigation:
B.
lapacti
Mitigation;
Impact;
Mitigation;
lapact;
Mitigation;
Th« project was redesigned to maintain the
existing landform, provide a 50-foot tree buffer
plus tree planting on the slopes, and has located
buildings in the interior of the site.
Parcel E -- The landform will be significantly
altered -- an existing 90 foot high knoll and
associated 40% slope will be cut down; and
regraded slopes up to 40 feet in height will be
created to accommodate flat pads necessary for
commercial development.
The proposed project allows preservation of 14.5
acres of Bosp Grove. A vigorous landscape program
will be required to replant the graded slopes
behind the buildings and a compatible landscape
theme will be used in the commercial center. The
architecture and building materials will be
compatible with the surrounding grove.
Parcel P -- Residential development according to
the Master Plan will result in significant
impacts due to the site's visible location and
its proximity to the lagoon.
The proposed open space use will mitigate all
visual impacts.
C.ARCHAEOLOGY
Impact;
Mitigation;
Archaeological sites are located on all three
parcels and will be affected by development on
Parcels 0 and E.
Appropriate conditions have been placed on the
project to satisfy state requirements for
archaeological mitigation, i.e. a data recovery
program.
0. BIOLOGICAL RESOURCES
lapact; As an indirect impact to the habitats in Buena
Vista Lagoon, runoff and sedimentation could
potentially impact the lagoon.
Mitigation;Appropriate erosion-control and grading
procedures have been conditioned on the projects
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B. PUBLIC SERVICES
Impact; School facilities are at or near capacity.
Mitigation; Only one of the three parcels will be developed
residentially; school impact fees will be
required to be paid to allow the School District
to provide temporary facilities for overcrowding.
Impact;
Mitigation;
Impact;
Mitigation;
Police services will be incrementally impacted.
Additional personnel and equipment will offset
the increase in population and new areas of
patrolling.
The City Library is currently at book capacity.
Additional Library facilities will be provided as
part of the City's future Capital Improvement
Program.
P. HYDROLOGY AND WATER QUALITY
Impact; Potential increases in erosion and sediment
production will occur during grading and
construction.
Mitigation;
Impact;
Mitigation;
Erosion control measures must be shown on final
grading plans and approved by the City. Drainage
and sediment control facilities will be installed
prior to grading. Landscape conditions include a
5 year bond to ensure that tree plantings and
other landscape elements are growing successfully.
Also, the City's street sweeping program will
include the project area after it develops.
Removal of the existing desiltation basin could
cause sedimentation impacts to the lagoon if
upstream problems are not controlled when it is
removed.
A temporary desiltation basin will be built in
the southern portion .of Parcel Z to control
existing offsite erosion problems. it will
remain in place until erosion of the adjacent
property is controlled satisfactorily to the
City.
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G. GEOLOGY AND SOILS
Impact; Portions of the property are encumbered by
geological constraints, including settlement,
slope instability, groundwater, dewatering, and
seismic shaking.
Mitigation; AS part of the grading plan approval, the
recommendations of the geotechnical study will be
implemented. The study will be updated as
necessary to reflect the proposed commercial
development instead of the former residential
project. Additional subsurface investigation and
engineering analysis also is required as part of
the final design.
H. AIR QUALITY
Impactt Development of Parcels 0 and B will contribute
air pollutant emissions to the San Diego Air
Basin.
Mitigation: Public transit facilities, i.e. a bus stop will be
provided. Sidewalk improvements will allow
pedestrian access to the commercial center from
nearby residential areas. The Grading Ordinance
requires dust control measures to be used during
construction.
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EXHIBIT
Resolution No. 3843
1:1 PLANNING COMMISSION RESOLUTION NO. 2620
2 A RESOLUTION OP THE PLANNING COMMISSION OP THE CITY OP
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OP AN
AMENDMENT TO THE LAND USE ELEMENT OP THE GENERAL PLAN PROM
RMH (RESIDENTIAL MEDIUM HIGH) 8-15 DO/AC TO OS (OPEN
4 SPACE) GENERALLY LOCATED SOUTH OP THE INTERSECTION OF
i JEPPERSON STREET AND MARRON ROAD.
5,1 APPLICANT: CITY OP CARLSBAD
i1 CASE NO.; GPA/LU 86-11 ^.
WHEREAS, a verified application for an amendment to the
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General Plan designation for certain property located, as shown on
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Exhibit "1", dated September 10, 1986, attached and incorporated
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herein, has been filed with the Planning Commission; and
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i WHEREAS, said verified application constitutes a request
11111 for amendment as provided in Title 21 of the Carlsbad Municipal
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;Code; and
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WHEREAS, the Planning Commission did, on the 17th day of
"i:September, 1986, hold a duly noticed public hearing as prescribed
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by law to consider said request;
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; WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
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desiring to be heard, said Commission considered all factors
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relating to the General Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing,
24:! the Commission recommends APPROVAL of GPA/LU 86-11, based on
|l the following findings and subject to the following
25 conditions:
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Findingst
1) The Open Space designation proposed is compatible with the
surrounding uses including the existing Buena Vista Lagoon
Open Space area.
2) The addition of the space area would reduce traffic on
Jefferson Street and eliminate a possible higher density
residential project on this property.
3) The addition of this property as designated Open Space would
preserve a portion of an important natural feature and would
add needed open space in the northwest quadrant of the City.
4) The General Plan amendment will not have a significant impact
on the environment for the reasons outlined in the
environmental findings of the Planning Commission attached
hereto a* Exhibit "X*, dated September 17, 1986, and
incorporated herein.
Conditiont
1) Approval is granted for GPA/LU 86-11, as shown on Exhibit *2',
dated September 10, 1986, incorporated by reference and
substantially as shown unless otherwise noted in these
conditions.
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14| PASSED, APPROVED AND ADOPTED at a regular meeting of the
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ISjlPlanning Commission of the City of Carlsbad, California, held on
16 iithe 17th day of September, 1986, by the following vote, to wit:
17: AYES:
18 NOES:
19 ABSENT:
20: ABSTAIN!
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! ATTESTt
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251;
: MICHAEL J. HOLZMILLER
26 PLANNING DIRECTOR
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27i PC RESO NO. 2620
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CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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EXHIBIT 'X'
SEPTEMBER 17, 1935
The following items constitute the Planning Commission's
environmental findings for this project. The mitigation measures
listed below describe the project changes which reduce these
impacts to insignficant levels.
A. TRAFFIC CIRCULATION
Impact* An increase in trips will result from the proposed
alternative because commercial use typically has
higher generation rate than residential.
Mttigationi
impact:
Mitigation:
impact;
Mitigationt
B.
Impact:
The additional trips can be accommodated with the
(1) construction of Monroe Street as a secondary
arterial with additional deceleration/acceleration
lanes serving the commercial center, (2) upgrading
of the signal light at Matron/Monroe intersection,
(3) bond and prepare plans for a traffic signal at
Street "A" of the commercial center entrance and
Monroe Street for when a future signal is
warranted.
Hosp Hay, and Jefferson Street west of Marron,
will have a level of Service P with the trips
generated by the proposed project.
These two roadway segments are classified as
residential streets with a maximum of 500 ADT,
which is already exceeded by existing ADT. These
streets can be reclassified as Collector streets
to accommodate existing and future ADT.
The grading operation for Parcel B will require
export of 124,000 cubic yards of dirt which could
have a short-term impact on surrounding streets.
The use of cutoffs and flagmen will help to
minimize impacts at the Marron/Monroe
intersection. Such condition will be part of the
final grading plan approval.
TOPOGRAPHY AND VISUAL AESTHETICS
Parcel 0 -- Adverse impacts would occur in that
the existing slope above Marron Road would be cut
down 30 feet, no buffer of trees would be
retained, and three-story buildings were within 15
feet of the edge of the slope.
Mitigation;
lapact;
Mitigation:
lapact:
Mitigation:
The project was redesigned to maintain the
existing landform, provide a 50-foot tree buffer
plus tree planting on the slopes, and has Located
buildings in the interior of the site.
Parcel E -- The landform will be significantly
altered -- an existing 90 foot high knoll and
associated 40% slope will be cut down; and
regraded slopes up to 40 feet in height will be
created to accommodate flat pads necessary for
commercial development.
The proposed project allows preservation of 14.5
acres of Hosp Grove. A vigorous landscape program
will be required to replant the graded slopes
behind the buildings and a compatible landscape
theme will be used in the commercial center. The
architecture and building materials will be
compatible with the surrounding grove.
Parcel P -- Residential development according to
the Master Plan will result in significant
impacts due to the site's visible location and
its proximity to the lagoon.
The proposed open space use will mitigate all
visual impacts.
C.
lapact;
ARCHAEOLOGY
Mitigation:
Archaeological sites are located on all three
parcels and will be affected by development on
Parcels 0 and E.
Appropriate conditions have been placed on the
project to satisfy state requirements for
archaeological mitigation, i.e. a data recovery
program.
0. BIOLOGICAL RBSOORCBS
impact: As an indirect impact to the habitats in Buena
Vista Lagoon, runoff and sedimentation could
potentially impact the lagoon.
Mitigation:Appropriate erosion-control and grading
procedures have been conditioned on the projects
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B. POBLIC SBRVIC8S
Impact: School facilities are at or near capacity.
Mitigation; Only one of the three parcels will b« developed
residentially; school impact fees will b«
required to be paid to allow the School District
to provide temporary facilities for overcrowding.
Impact:
Mitigation:
Impact:
Mitigation:
Police services will be incrementally impacted.
Additional personnel and equipment will offset
the increase in population and new areas of
patrolling.
The City Library is currently at book capacity.
Additional Library facilities will be provided as
part of the City's future Capital Improvement
Program.
P. HYDROLOGY AND WATER QUALITY
Impact: Potential increases in erosion and sediment
production will occur during grading and
construction.
Mitigation;
impact:
Mitigation:
Erosion control measures must be shown on final
grading plans and approved by the City. Drainage
and sediment control facilities will be installed
prior to grading. Landscape conditions include a
5 year bond to ensure that tree plantings and
other landscape elements are growing successfully.
Also, the City's street sweeping program will
include the project area after it develops.
Removal of the existing desiltation basin could
cause sedimentation impacts to the lagoon Li
upstream problems are not controlled when it is
removed.
A temporary desiltation basin will be built in
the southern portion of Parcel B to control
existing offsite erosion problems. It will
remain in place until erosion of the adjacent
property is controlled satisfactorily to the
City.
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G.
impacti
GEOLOGY AND S01LS^
Mitigation;
Portions of the property are encumbered by
geological constraints, including settlement,
slope instability, groundwater, dewatering, and
seismic shaking.
As part of the grading plan approval, the
recommendations of the geotechnical study will be
implemented. The study will be updated as
necessary to reflect the proposed commercial
development instead of the former residential
project. Additional subsurface investigation and
engineering analysis also is required as part of
the final design.
R.
Impact:
AIR QUALITY
Mitigation:
Development of Parcels D and B will contribute
air pollutant emissions to the San .Diego Air
Basin.
Public transit facilities, i.e. a bus stop will be
provided. Sidewalk improvements will allow
pedestrian access to the commercial center from
nearby residential areas. The Grading Ordinance
requires dust control measures to be used daring
construction.
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Resolut ion Xo . -731
AREA E EXHIBIT C
PC to O-Q
(RMH to O)
EX HIBIT 1
S EPT. 10. 1988
3.6 ae PC to C-2-Q
(RMH to C)
7.3 «c
PC to OS
(RMH to OS)
4.8 tC
OS)
9.9 ac
..— SUBDIVISION BOUNDARY AREA
CHANGED PROM PC TO OPEN SPACE
ZONING
OS-OPEN SPACE
R-1-RESIDENTIAL SINGLE FAMILY
PC-PLANNED COMMUNITY
C-COMMERCIAL
(GENERAL PLAN)
RMH-RESIOENTIAL (8-15)
RRI-COMMERCIAL
O-OFFICE
1:300
City of Carlsbad ZC-348
I G.P. A /1 M ft fi - 1 r
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~"- 0 UJ <
Mi!VINCENT FrY ATTORNEY1200 ELCARLSBAD, C°
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ORDINANCE NO.9813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING
MAP TO GRANT A CHANGE OF ZONE (ZC-348) FROM PC
(PLANNED COMMUNITY) TO 0-Q (OFFICE 3.5 AC.) AND
C-2-Q (COMMERCIAL 7.3 AC.) AND OS (OPEN SPACE
14.7 AC.) GENERALLY LOCATED ON THE WEST AND EAST
SIDES OF MONROE STREET, SOUTH OF MARRON ROAD ON
PARCEL E OF THE HOSP GROVE MASTER PLAN.
APPLICANT: COLLINS DEVELOPMENT COMPANY
CASE NO.; ZC-348
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a zone change
ZC-348 from PC (planned community) to 0-0 (office 3.5 AC.) and C-
2-Q (commercial 7.3 AC.) and OP (open space 14.7 AC.) generally
located on the west and east sides of Monroe Street, south of
Marron Road on Parcel E of the Hosp Grove Master Plan as shown
Exhibit 1 dated September 10, 1986 attached hereto and made a
part hereof.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 28th day of October , 1986,
and thereafter
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PASSED AND ADOPTED at a meeting of said City Council
held on the 4th day of November , 1986 by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BTONDO, JR. ,'ity Attorney
V/L.1~^^<-r «/• • k_^<z^
MARY H.JCA.SLER, MAYOR
ATTE ST :
ALETHA L. RAUTENKRANZ , City C31erk
AREA E
PC to Q-Q
(RMH to O)
3.8 «c
EX HIBIT 1
S EPT. 10. 1986
Ordinance No. 9813
PC to C-2-Q
(RMH to C)
7.3 ic
PC to OS
(RMH to OS)
4.8 «C
(RMH to OS)
9.9 •€
..— SUBDIVISION BOUNDARY AREA
[^ CHANGED FROM PC TO OPEN SPACE
ZONING
OS-OPEN SPACE
R-1-RESIOENTIAL SINGLE FAMILY
PC-PLANNED COMMUNITY
C-COMMERCIAL
(GENERAL PLAN)
RMH-RESIOENTIAL (8-18)
RRI-COMMERCIAL
O-OFFICE
1:300
City of CirlsW ZC-348
86-1C
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ORDINANCE NO.9815
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9694
(MASTER PLAN MP-l(A)) OF HOSP GROVE ON PROPERTY
GENERALLY LOCATED SOUTH OF JEFFERSON STREET AND
MARRON ROAD ON BOTH SIDES OF MONROE STREET.
APPLICANT: ODMARK DEVELOPMENT
CASE NO; MP-l(C) .
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Master Plan MP-1 (Hosp Grove Master
Plan) is hereby amended as follows: Revised Master Plan MP-l(C)
is hereby approved as shown on Exhibits "1" and "2", dated
September 10, 1986, incorporated by reference and on file in the
Planning Department. Development shall occur substantially as
shown unless otherwise noted in these conditions.
SECTION 2: That in addition to the findings made by the
Planning Commission, the City Council finds the factors as
described in Exhibit A attached hereto and made a part hereof to
exist.
SECTION 3: That the amended Master Plan (MP-l(C)) is
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the conditions imposed
by previous approvals of said plan.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 28th day of October , 1986
and thereafter
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PASSED AND ADOPTED at a
Council held on the 4th day of
following vote, to wit:
regular meeting of said City
November > 1986 by the
AYES: Council Members Casler, Lewis, Kulchin, Chick, and Pettine
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
^i /j/9 il1 /( s :£^v' ^s 'jE/yiii'' \ ^VINCENT T. BieNfcO, JR. , 1 3ity Attorney
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MARY
ATTE ST :
n fi ' 'y» J -*— ^
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ALETHA L. RAUTENKRANZ , City Clerk
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28 Page 2 of 2
MP-l(C)
fj /P , '"
H.//CASLER, Mayor
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Z O 2 M
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EXHIBIT A
Ordinance No.9815
FINDINGS MP-l(C)
1. The proposed development as described by the master
plan is consistent with the provisions of the general plan and
any applicable specific plans.
2. All necessary public facilities can be provided
concurrent with need and adequate provisions have been provided
to implement those portions of the capital improvement program
applicable to the subject property.
3. The proposed commercial and industrial uses will be
appropriate in area, location and overall design to the purpose
intended. The design and development standards are such as to
create an environment of sustained desirability and stability.
Such development will meet performance standards established by
this title.
4. The streets and thoroughfares proposed are suitable
and adequate to carry the anticipated traffic thereon.
5. The aea surrounding the development is or can be
planned and zoned in coordination and substantial compatibility
with the development.
6. Appropriate measures are proposed to mitigate any
adverse environmental impact as noted in the adopted
environmental impact report for the project.
7. The proposed commercial development can be
justified economically at the location proposed and will provide
adequate commercial facilities for the location proposed.
COUNTY OF SAN DIEGO
REGISTRAR OF VOTERS
5201-1 RUFFIN ROAD, SAN DIEGO, CA 92123
Ray J Ortiz
(619) 565-5800
I, Keith D. Boyer, Registrar of Voters (Acting) in the
County of San Diego, State of California, hereby certify
that on December 1, 1986 the Hosp Grove Referendum Petition
for the City of Carlsbad was delivered to the Registrar of
Voters by the City Clerk of the City of Carlsbad for sig-
nature verification.
By examination of this petition, I have determined the
following:
Number of sections received 303
Number of signatures received 4,155
Number of signatures required 2,871
Number of signatures sampled 500
Number of sampled signatures required
for 110% 380
Number of signatures found sufficient 408
Number of signatures found insufficient 92
Number of petition signatures that are 3,388
statistically sufficient
Dated: December 2, 1986
KEITH D. BOYER
Registrar of Voters (Acting)
By /?
Connie Chappell, Supervisor
Registration Services
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE
SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY,
JUNE 2, 1987, FOR SUBMISSION TO THE VOTERS RESOLUTION NO. 88*8,
AN AMENDMENT TO THE GENERAL PLAN; ORDINANCE NO. 9813, AND
NO. 9813, AND ORDINANCE NO. 9815, A ZONE CHANGE, AND AN
AMENDMENT TO A MASTER PLAN (GPA/LU 86-11, ZC-3*8, MP-KQ)
WHEREAS, the City Council of the City of Carlsbad, California on October 28,
1986, adopted Resolution No. 88*8, amending the Land Use Element of the General
Plan to change the land use designations of two areas on property generally
located on the west and east sides of Monroe Street, south of Marron Road on
Parcel E of the Hosp Grove Master Plan; and
WHEREAS, the City Council of the City of Carlsbad, on the *th day of
November, 1986, adopted Ordinance No. 9813, amending the zoning map to grant a
change of zone from Planned Community to Office and Commercial and Open Space on
property located on the west and east sides of Monroe Street, south of Marron
Road on Parcel E of the Hosp Grove Master Plan; and
WHEREAS, the City Council of the City of Carlsbad, on the *th day of
November, 1986, adopted Ordinance No. 9815, amending Ordinance No. 969* (Master
Plan MP-1(A)) of Hosp Grove on property located south of Oefferson Street and
Marron Road on both sides of Monroe Street; and
WHEREAS, Ordinance No. 9813 and Ordinance No. 9815 were published as
required by law; and
WHEREAS, pursuant to the authority provided by Division 5, Chapter 3, Title
2 (commencing at Section *050) of the Elections Codes of the State of
California, a petition has been filed with the legislative body of the City of
Carlsbad signed by more than 10% of the registered voters to repeal the
Resolution and Ordinances or submit them to a vote of the voters; and
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WHEREAS, the Registrar of Voters examined the records of registration and
ascertained that the petition is signed by the requisite number of voters and
has so certified; and
WHEREAS, the City Council has not voted in favor of the repeal of the
Resolution and Ordinances; and
WHEREAS, the City Council is authorized and directed by statute to submit
the Resolution and Ordinances to the voters; and
WHEREAS, the City Council desires to submit this matter to the voters at the
Special Municipal Election on 3une 2, 1987.
NOW, THEREFORE, BE IT RESOLVE by the City Council of the City of Carlsbad,
California, as follows:
SECTION 1. That the City Council, pursuant to its right and authority, does
order submitted to the voters at the Special Municipal Election the following
^ question:
Shall Resolution No. 8848, amending the Land Use Element of the
General Plan from Residential Medium High to Commercial; Ordinance
No. 9813, amending the zoning map to grant a change of zone from
Planned Community to Office and Commercial; and Ordinance No. 9815,
amending Master Plan MP-KA) of Hosp Grove, be adopted?
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YES I I
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18 ii SECTION 2. That the proposed measure submitted to the voters is attached as
Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and
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content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter,
supplies and equipment that may be necessary in order to properly and lawfully25
conduct the election.26
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SECTION 5. That the polls for the election shall be open at seven o'clock
a.m. of the day of the election and shall remain open continuously from that
time until seven o'clock p.m. of the same day when the polls shall be closed,
except as provided in Section 14301 of the Elections Code of the State of
California.
SECTION 6. That in all particulars not recited in this Resolution, the
ri election shall be held and conducted as provided by law for holding Municipal
8 Elections.
SECTION 7. That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to give further
or additional notice of said election, in time, form and manner.as required by
12 law.
13 SECTION 8. That the City Clerk shall certify to the passage and adoption of
•^ this Resolution and enter it into the book of original resolutions.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
2 the City of Carlsbad held on the day of , 1987, by the following
3 vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
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CLAUDE A. LEWIS, Mayor
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ATTEST:
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13 ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO.
A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN DIEGO TO CONDUCT A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD
ON TUESDAY, JUNE 2, 1987
WHEREAS, the City Council of the City of Carlsbad called a General Municipal
Election to be held on June 2, 1987; and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San Diego to render
specified services relating to the conduct of an election to any City which has
by resolution requested the Board of Supervisors to permit the Registrar to
render the services, subject to requirements set forth in that section; and
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above-cited provisions,
the Board of Supervisors of the County of San Diego is hereby requested to
permit the Registrar of Voters to perform and render all services and
proceedings incidental to, and connected with, the conduct of the subject
election of the City of Carlsbad, with the cooperation and assistance of the
City Clerk of the City of Carlsbad, such services to include, but not to be
limited to the following activities as are appropriate to the subject election:
1. Furnish a tabulation of the number of registered voters in each
precinct.
2. Examine the signatures on nomination papers or petitions of candidates
for public office.
3. Establish voting precincts, secure locations for polling places, secure
the services of election officers for each precinct as required by law, and
furnish a list of precincts, polling places, and election officers for filing in
the office of the City Clerk of the City of Ca rlsbad.
4. Prepare and furnish to the election officers necessary election
supplies for the conduct of the election.
5. Cause to be translated, as appropriate, and printed the requisite
number of sample ballots, official ballots, polling place slips, rosters, tally
sheets, and other necessary forms.
6. Furnish and address the envelopes necessary to mail sample ballots to
the registered voters of the City of Carlsbad.
7. Insert the sample ballots and other printed matter into envelopes for
mailing, and cause the same to be mailed, as required by law.
8. Assemble the election material and supplies into ballot bags and make
necessary arrangements for their delivery to the various precincts.
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9. Distribute absent voter ballots as required by law, and in cooperation
with the City Clerk.
I 10. Receive the returns of the elections and supplies.
15 11. Sort and assemble the election material and supplies in preparation
n fi for the canvassing of the returns of the election.
17 12. Canvass the returns of the election, including the absent voters
18 ballots.
19 13. Furnish a tabulation of the number of votes given in each precinct.
20 *'' Make all arrangements and take the necessary steps to pay the members
21 of the precinct boards, the polling place rentals, the persons returning the
ballot bags, and to pay all other costs of the election incurred as the result
of services performed for the City of Carlsbad and pay for the election
officials the amounts prescribed by the Board of Supervisors of the County of
San Diego.
BE IT FURTHER RESOLVED that pursuant to the requirements of the laws of the
State of California relating to General Law Cities within said State, the
election of the qualified electors of the City of Carlsbad was called for the
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purpose of submitting to the voters Resolution No. 8848, an Amendment to the
General Plan; Ordinance No. 9813 and Ordinance No. 9815, a Zone Change and an
Amendment to a Master Plan (GPA/LU 86-11, ZC-348, MP-KO).
BE IT FURTHER RESOLVED that the County of San Diego shall be reimbursed in
full for the services performed by the Registrar of Voters for the City of
Carlsbad upon presentation of bill therefor.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the City of
Carlsbad is hereby directed to deliver forthwith certified copies of this
resolution to the Clerk of the Board of Supervisors of the County of San Diego
and to the Registrar of Voters of the County of San Diego.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 3rd day of March, 1987, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER
OF $40,000 FROM THE CONTINGENCY FUND TO THE
CITY CLERK'S BUDGET FOR ADDITIONAL ELECTION COSTS
WHEREAS, the City Council has called a special municipal election to be held
in the City of Carlsbad on 3une 2, 1987; and
WHEREAS, a referendum petition has been filed and certified and Council
desires to place the matter before the voters at the Special Municipal Election
to be held on Oune 2, 1987; and
WHEREAS, it is estimated that it would cost approximately $40,000 to pay for
the costs of the Special Municipal Election; and
WHEREAS, there are sufficient funds available in the City's contingency
fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the transfer of $40,000 from the contingency account (Account
#001-840-1990-2990) to the City Clerk's budget, account number 001-1030-2992, is
hereby approved.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad City
Council held on the day of , 1987, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A
CITY MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad,
California, on Oune 2, 1987, at which there will be submitted to the voters the
following measure:
Shall Resolution No. 884-8, amending the Land Use Element of the | I
General Plan from Residential Medium High to Commercial; Ordinance I YES |
No. 9813, amending the zoning map to grant a change of zone from I I
Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO |
amending Master Plan MP-1(A) of Hosp Grove, be adopted? j |
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Carlsbad, California, does declare, determine and order as follows:
SECTION 1. That the above recitations are true and correct.
SECTION 2. That the City Council authorizes
to file a written argument regarding the City measure set forth in the recitals
hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Code
of the State of California, and to change the argument until and including the
date fixed by the City Clerk after which no arguments for or against said City
measure may be submitted to the City Clerk.
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,0—-..
%,. J
PASSED, APPROVED AND ADOPTED at an Regular Meeting of the Carlsbad City
Council held on the day of , 1987, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF THE ANALYSIS
PERTAINING TO THE HOSP GROVE REFERENDUM
WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad
on Dune 2, 1987, at which there will be submitted to the qualified voters of
said City, the following Proposition, to wit:
Shall Resolution No. 884-8, amending the Land Use Element of the I | |
General Plan from Residential Medium High to Commercial; Ordinance I YES I |
No. 9813, amending the zoning map to grant a change of zone from | | |
Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO I I
amending Master Plan MP-1(A) of Hosp Grove, be adopted? | | |
WHEREAS, the City Council desires to have an impartial analysis prepared
showing the effect of the measure on existing law and the operation of the
measure;
NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED AND ORDERED by
the City Council of the City of Carlsbad as follows:
SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Code
of the State of California, this City Council does direct the City Attorney to
prepare an impartial analysis of the measure.
SECTION 2. The impartial analysis shall not exceed 500 words in length.
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PASSED, APPROVED AND ADOPTED at an Regular Meeting of the Carlsbad City
Council held on the day of , 1987, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)