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HomeMy WebLinkAbout1987-05-12; City Council; 8830-2; Hosp Grove referendumCITf OF CARLSBAD - AGENCT^ILL \aH 8830-2 JUJTG 5/12/8? DEPT. CA TITLE: HOSP GROVE REFERENDUM DEPT. HD. ^ CITY ATTY ^ ^O CITY MGR.^fi=^ OUJ§CEa.a. o oz3 Oo RECOMMENDED ACTION: That the City Council adopt Resolution No. Ordinance No. 9?32. and Ordinance No. and introduce to repeal the land use approvals subject to the Hosp Grove referendum petition. ITEM EXPLANATION The City Council, at your meeting of March 3, 1987, received a report from the City Clerk on the Hosp Grove referendum petition. She certified the petition as to its sufficiency and presented it to the Council with some alternative courses of action. At that time the Council continued the matter because of the proposed acquisition of Hosp Grove. The City Council has now approved the necessary legal documents to acquire the grove. As a part of those arrangements, the property owners and developers effected by the referendum petition have agreed that the land use approvals which the petition protests may be repealed. It is, therefore, our recommendation that the City Council respond to the referendum petition by repealing the resolution and ordinances against which the petition has been filed. The necessary documents to do that are attached. If the Council concurs you should take the recommended action. EXHIBITS Resolution No. Ordinance No. Ordinance No. Agenda Bill No. 8830-1 GE m 1 O UJ <O M O -^§?li-1 < t u:??jg z I o dUJ Z o <o m « mz P to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 | 17o 18 19 20 21 22 23 24 25 26 27 28 X, . RESOLUTION NO. 9069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REVISING RESOLUTION NO. 8848 TO RESCIND THE APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT GPA/LU 86-10 AS REQUIRED BY THE HOSP GROVE REFERENDUM. WHEREAS, the City Council at their meeting of October 28, 1986 adopted Resolution No. 8848 amending the Land Use Element of the General Plan to change the land use designations for two areas of the City's General Plan GPA/LU 86-10 Odm.ark Collins and GPA/LU 86-11 City; and WHEREAS, the City Council has been presented with a valid referendum petition protesting a portion of the General Plan land use amendments adopted by Resolution No. 8848; and WHEREAS, the City Council has determined public interest reguires that the referendum petition be accepted and the protested actions be rescinded, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1.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 Section D.I of Resolution No. 8848 GPA/LU 86-10 changing the Land Use Element from Residential Medium High (RMH 8-15 du's/acre) to Commercial (C), Office (O) and Open Space (OS) 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-1C) as shown on the map attached to said resolution is hereby rescinded and repealed. 3. That GPA/LU 86-11 contained in Section D.2 of said resolution not being subject to the referendum petition shall remain in effect. Q <tOC/5 aiS- O uj 1 2 3 4 5 6 7 8 9 10 11 12 § 13 I 14 § 15 16 > to *- 5> | 17o 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, California held on the 12th day of May , 1987 by the following vote to wit AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsofn NOES: None ABSENT:None CfcXODE A. "LEWIS"; Mayor ATTEST: ALETHA L. RAUTENKRANZ, Cit^ Clerk 2. - r 2 3 4 5 6 7 8 9 10 11 12 Q oa a, n rr03 § J-O i rf O) - O uj < "I A O u_ 3 ^ ^ 5tlS 15mo^ 1D S ^ 00llN^ is- o O 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REPEALING ORDINANCE NO. 9813 AND RESCINDING THE CHANGE OF ZONE GRANTED THEREBY AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Ordinance No. 9813 granting the change of zone ZC 348 is hereby repealed. 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 12th day of May , 1987 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of May , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY \ AUDE A. LEWIS, Mayor *s. O Q 83" >- o O - r 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 ORDINANCE NO. 9833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA RESCINDING A PORTION OF ORDINANCE NO. 9815 APPROVING MASTER PLAN AMENDMENT MP-1C OF THE HOSP GROVE MASTER PLAN AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Ordinance No. 9815 approving master plan amendment MP-1C for the Hosp Grove Master Plan is revised to repeal that portion of said ordinance approving a portion of the master plan amendment as shown on Exhibit 1 dated September 10, 1986 incorporated by reference herein and on file in the Planning Department. 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 12th day of May , 1987 and thereafter t ' 1 a CO rfttt> 0 CC OJ < 3* O UJ < "si Uj _^ Q" o *^ $ < 5 j_ O Si . V 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^ - x ,' "»-•.. V^,x '<.,„,,•* PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of May , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor NOES : None ABSENT: None APPROVED AS TO FORM AND LEGALITY /' • t7"l / ' U VINCENTHT7 BIONDO, JRN/ City Attorney /f / /' / S 1 >/fJ&$fi'/# /sT* ^L^C^J'^) CLAUDE A. LEWIS, Mayor ATTEST: ' ^^*^ ^\4**K 'Y\ S*^^*^ A^f,T^ ALETHA L.; RAJJ^ENI^?AN2 ,/Ci^ Clerk t^^ t-^*"^ Page 2 of Ordinance No. 9833 O O Oz3OO CARLSBAD - AGENt JP AB* 8830-1 3-3-87MTG. CLKDEPT. TITLE-" HOSP GROVE REFERENDUM DEPT. HP. &tf CITY ATTY CITY MGR RECOMMENDED ACTION: Select one of the alternatives explained below, and take the action corresponding with that alternative. ITEM EXPLANATION A referendum petition was 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 Oefferson Street and Marron Road on both sides of Monroe Street. The petition was certified as to its sufficiency, and presented to the City Council at their meeting of December 4, 1986. Since the measure concerning the purchase of Hosp Grove had been placed on the ballot for the Spjscial Municipal Election being held March 3, 1987, Council continued consideration of the referendum to March 3, 1987. Therefore, options now available to Council with regard to that petition are as follows: Alternative No. 1 - (If Proposition A passes) — File the matter. If Proposition A is approved by the voters, the City will be required to purchase the grove. Concurrently, 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 this alternative is available to Council, their action would be a motion to file the matter. Alternative No. 2 - (If Proposition A fails) -- 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 a referendum petition is filed. The City Attorney has previously indicated that repeal of the documents is not a legal option available to Council based on previous existing agreements. . PAGE 2 OF AB #8830-1 Alternative No. 3 - (If Proposition A fails) - Call a Special Municipal Election for June 2, 1987, and place the Resolution and Ordinances on the ballot. Section 4055 of the Elections Code also provides that if the legislative body does not entirely repeal the documents against which the petition is filed, the legislative body shall submit the documents to the voters. The next available election date is 3une 2, 1987. March 6, 1987 is the last day to call an election for Dune 2nd. If Council selects this alternative, the following documents need to be considered: A. Resolution No. ^^ 7 "7 > calls and gives notice of the Special Municipal Election to be held in Carlsbad on Oune 2, 1987. B. Resolution No. <P^7/P"^ > requests the Board of Supervisors to conduct the election. C. Resolution No. ^^7? , transfers $40,000 to the City Clerk's budget to pay for the Special Municipal Election. D. 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. <P?(f23 » attached. The deadline for submittal of arguments to the City Clerks office has been established as March 13, 1987. E. If Council desires the City to prepare an impartial analysis on the matter, they should adopt Resolution No. fjf / The deadline for submittal of the impartial analysis to the City Clerk's office is March 13, 1987. EXHIBITS 1. Original Hosp Grove Referendum Agenda Bill No. 8830 submitted to Council on December 4, 1986. 2. Resolution No. j? *} T7 > calling and giving notice of a Special Municipal Election to be held on dune 2, 1987. 3. Resolution No. P^*f "7<P^ > requesting the Board of Supervisors to conduct the election. Resolution No. ^^ 7 f , transferring funds to cover the cost of the Special Municipal Election. 5. Resolution No. P?^<3 , authorizing Council to file a written argument. 6. Resolution No. &**)[ , directing the City Attorney to prepare an impartial analysis. CI' OF CARLSBAD — AGENT 3ILL Og Oz3 OO AB* ?&3 0 MTG 12-4-86 DEPT. CLK TITLE: HOSP GROVE REFERENDUM DEPT. HD. ^ CITY MGR. && — 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 f jT fL? O If Council selects this alternative, the first action would be to adopt Resolution No. %°lt> >4 , 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. g>9o^»' 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. f?& (A > 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. Y • 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. f ?ot/ > amending Resolution No. 8891 to include the submission of the measure of the resolution and ordinances to the voters. 2. Resolution No. ^c.g-" , transferring $5,000 to the City Clerk's budget to cover the cost of placing the measure on the ballot. 3. Resolution No. ff °l o 0 , which would allow Council to designate any or all of their members to prepare and submit an argument concerning the measure. 4-. Resolution No. F><?°7' > 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 1 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 o 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 Jefferson 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 27 /// 28 /// 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, 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. 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-1(A) of Hosp Grove, be adopted? T YES NO 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 '•X, PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the City 1 Council of the City of Carlsbad held on the 4-th day of December, 1986, by the 2 following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8 9 CLAUDE A. LEWIS, Mayor 10 ATTEST: 11 12 ALETHA L. RAUTENKRANZ, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8905 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 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 he 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 #00 840-1990-2990) to the City Clerk's budget, account number 001-1030-2992, is hereby approved. 1 PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the City 2 Council of the City ofCarlsbad held on the 4th day of December, 1986, by the 3 following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 9 CLAUDE A. LEWIS, Mayor 10 ATTEST: 11 12 13 ALETHA L. RAUTENKRANZ, City Clerk 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -•*«•»> RESOLUTION NO. 8906 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A 3 CITY MEASURE 4 WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad 5 California, on March 3, 1987, at which there will be submitted to the voters th 6 following measure: 7 Shall Resolution No. 8848, amending the Land Use Element of the General Plan from Residential Medium High to Commercial; Ordinance | YES | 8 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 | 9 amending Master Plan MP-1(A) of Hosp Grove, be adopted? j |_ 10 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does declare, determine and order as follows: 1 P-L<0 SECTION 1. That the above recitations are true and correct. 13 SECTION 2. That the City Council authorizes 14 15 16 17 18 19 to file a written argument regarding the City measure set forth in the recitals PO hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Codp 21 of the State of California, and to change the argument until and including the 22 date fixed by the City Clerk after which no arguments for or against said City 23 measure may be submitted to the City Clerk. 24 /// 25 /// 26 /// 27 /// 28 /// PASSED, APPROVED AND ADOPTED at an Adjourned Regular Meeting of the Carlsba 1 City Council held on the day of , 1986, by the following 2 vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6" 7 8 9 CLAUDE A. LEWIS, Mayor 10 11 12 ATTEST: 13 14 15 ALETHA L. RAUTENKRANZ, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 —X. RESOLUTION NO. 8907 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE ANALYSIS 3 PERTAINING TO THE HOSP GROVE REFERENDUM 4 WHEREAS, a Special Municipal Election is to be held in the City of Carlsbad 5 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. 88^8, amending the Land Use Element of theI|| ft General Plan from Residential Medium High to Commercial; Ordinance j YES | | No. 9813, amending the zoning map to grant a change of zone from I I I - 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? j I I 10 11 WHEREAS, the City Council desires to have an impartial analysis prepared 12 showing the effect of the measure on existing law and the operation of the 13 measure; 14 NOW THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED AND ORDERED by 15 the City Council of the City of Carlsbad as follows: 16 SECTION 1. Pursuant to the provisions of Section 5011 of the Elections Cod 17 of the State of California, this City Council does direct the City Attorney to 18 prepare an impartial analysis of the measure. 19 SECTION 2. The impartial analysis shall not exceed 500 words in length. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad on 1 , 1986 at an Adjourned Regular Meeting thereof by the 2 following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8 9 CLAUDE A. LEWIS, Mayor 10 11 ATTEST: 12 13 14 ALETHA L. RAUTENKRANZ, City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 a SiS- o ZUJ > oH O 1 2 3 4 5 6 7 8 9 10 11 12 I 13 | 14 I 15i S" 16! 17 18 I 19! 20 !'ii 21 ij 22 23 24 25 26 27 28 RESOLUTION NO.8848 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 86-11(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 a 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. •<*.-..,»<-• o CD 0303 o ir o: gj ~l u uj < O n D = "J —o oc £ O 1 2 3 4 5 6 7 8 9 10 11 12 13 141 15 | 161 C/l 5 5 17 V O 18 ji 19!' 20 I' o-} I'<Cl I] ii22 23 24 25 26 27 28 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 Jefferson 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 ' ABSENT: None _^l^_-«__» MARY H. yASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City rk 1:! 2\ 3 4 i 5 6 ';l 7i| !| 8 9 10'!ii 11! 12,| I 13 14 |jij 15 i; 16, 17'i 18 19 20 21 !: 22 ; !' 23 24 25 \ 26 27 28 DRAFT PLANNING COMMISSION RESOLUTION EXHIBIT A £ Resolution NO. A RESOLUTION OP THE PLANNING COMMISSION OP THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OP AN AMENDMENT TO THE LAND USE ELEMENT OP THE GENERAL PLAN PR RMH (RESIDENTIAL MEDIUM HIGH) 8-15 DU/AC TO C (COMMERCIAL), 0 (OPPICE), AND OS (OPEN SPACE) ON PROPERTY GENERALLY LOCATED ON THE WEST AND EAST SIDES OP MONROE STREET, SOOTH OP MARRON ROAD ON PARCEL E OP TH HOSP GROVE MASTER PLAN (MP-I(O) APPLICANT: COLLINS DEVELOPMENT CASE NO.; GPA/LO 86-10 WHEREAS, a verified application for an amendment to the General Plan designation for certain property located, as shown o Exhibit!>) herein, has been filed with the Planning Commission; and WHEREAS, said verified application constitutes a request for amendment as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September, 1986, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREPORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of GPA/LU 86-10, based on the following findings and subject to the following conditions: I1 O ; 3 iI 4 ! 5J1 1e:i 7ji 8i 9 1 10 1 11 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. 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 • 12 dated September 10, 1986,incorporated by reference and on jj file in the Planning Department. Development shall occur 13|1 14 substantially as shown unless otherwise noted in these conditions. ,; PASSED, APPROVED AND ADOPTED at a regular meeting of the • «15 i 161 I 17! 18 19 20 21: 22 i 23 24 25 26 27 28 Planning Commission of the City the 17th day of September, 1986 AYES: NOES: ABSENT: ABSTAIN: I I ATTEST: i 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 -2- ex.-:; 3 ; : " ,«. ' 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. TRAFFIC CIRCULATION Impact; Mitigation: Impact: Mitigation; impact; Mitigation; An increase alternative higher generation in trips will result from the proposed because commercial use typically has rate than residential. 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 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 AOT, which is already exceeded by existing AOT. 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! impact; Mitigation! Impact; 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 401 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.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. D. BIOLOGICAL RESOURCES 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 -2- 7 E. PUBLIC SERVICES impact; School facilities arc 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 E to control existing offsite erosion problems. It will remain in place until erosion of the adjacent property is controlled satisfactorily to the City. -3- G. GEOLOGY AND SOILS Impact; 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 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. Mitigation; be 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 during construction. -4- '**,,.."EXHIBIT B ;| Resolution No. 8848i 1;| PLANNING COMMISSION RESOLOTION NO. 2620 2; 4 A RESOLOTION OP THE PLANNING COMMISSION OP THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OP AN AMENDMENT TO THE LAND USE ELEMENT OP THE GENERAL PLAN FROM RMH (RESIDENTIAL MEDIUM HIGH) 8-15 DO/AC TO OS (OPEN SPACE) GENERALLY LOCATED SOUTH OP THE INTERSECTION OF JEPFERSON STREET AND MARRON ROAD. 5 ,1 APPLICANT: CITY OP CARLSBAD j! CASE NO.; GPA/LO 86-11 6| i WHEREAS, a verified application for an amendment to the 71 ! General Plan designation for certain property located, as shown on 8 Exhibit "1", dated September 10, 1986, attached and incorporated 9 herein, has been filed with the Planning Commission; and 10 il I WHEREAS, said verified application constitutes a request 11!; for amendment as provided in Title 21 of the Carlsbad Municipal 12 | i! Code; and 13 !j WHEREAS, the Planning Commission did, on the 17th day of 14 i'September, 1986, hold a duly noticed public hearing as prescribed 15 |! by law to consider said request; 16, h WHEREAS, at said public hearing, upon hearing and 17 l! considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Commission considered all factors 19 relating to the General Plan Amendment. 20 NOW, THEREPORE, BE IT HEREBY RESOLVED by the Planning 21 Commission of the City of Carlsbad, as follows: 22 HA) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, 24'i the Commission recommends APPROVAL of GPA/LU 86-11, based on j| the following findings and subject to the following 25: conditions: 26; //// 27 i //// 28: 1 2 3 4 5 6 7 101 Findings; 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 as Exhibit "X", dated September 17, 1986, and incorporated herein. Condition: 1) Approval is granted for GPA/LO 86-11, as shown on Exhibit "2", dated September 10, 1986, incorporated by reference and substantially as shown unless otherwise noted in these conditions. 12 13 14, PASSED, APPROVED AND ADOPTED at a regular meeting of the 15||planning Commission of the City of Carlsbad, California, held on 16i!the 17th day of September, 1986, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 17 18 19 20 21 22 23 ij j! ATTEST:24 | 251; 1 MICHAEL J. BOLZMILLER 26!PLANNING DIRECTOR CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 27 ! pc RESO NO. 2620 23 -2- EXHI3LT "X" SEPTEMBER 17 1 986 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. Mitigation; Impact: Mitigation: impact; Mitigation; 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 Marron/Moncoe 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 Matron, 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 AOT, 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 E 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;The project was redesigned existing landform, provide plus tree planting buildings in the on the interior to maintain the a 50-foot tree buffer slopes, and has located of the site. impact; Mitigation: Impact; Mitigatiom Parcel E -- The landforra 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 Rosp 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. 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. BIOLOGICAL RESOURCES 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. -2- .•''«•*», E. PUBLIC SERVICES Impact t 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 E to control existing offsite erosion problems. It will remain in place until erosion of the adjacent property is controlled satisfactorily to the City. -3- 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 Impacti Development of Parcels D and E 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. -4- Resolution No.834 AREA E EXHIBIT C PC to 0-Q (RMH to O) EX HIBIT 1 S EPT. 10. 1986 3.6 1C PC to C-2-Q (RMH to C) 7.3 a 4.8 *c PC to OS (RMH to OS) (RMH OS) 9.9 ic —.— SUBDIVISION BOUNDARY AREA CHANGED FROM PC TO OPEN SPACE ZONING OS-OPEN SPACE R-1 -RESIDENTIAL SINGLE FAMILY PC-PLANNED COMMUNITY C-COMMERCIAL (GENERAL PLAN) RMH-RESIDENTIAL (8-15) RRI-COMMERCIAL 1:300 City of Carlsbad ZC-348 a CO 55 5 s o£S|i°sl >- u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i_ > HI2 S! a Q" 16 S£ °2z O "~ tn*• i i 17 18 19 20 21 22 23 24 25 26 27 28 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 O-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 O-Q (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 adopt ion. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 28th day of October , 1986, and thereafter Q CD03_l - O UJ ^° u. ^ z It5i°U2< 1 2 3! 4 5 6 7 8 9 10 11 12 14 15 16 ! >§ * 17 > o " 18 19 20 21 22 23 24 25 26 27 28 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 ///lxL-*L-t-^<-r £(- • ^•jZ^a-X-S- MARY H.^ASLER, MAYOR ATTE ST: J. ( ALETHA L. RAUTENKRANZ, City Cfterk AREA E PC to Q-Q (RMH to O) 3.8 «c EXHIBIT 1 SEPT. 10. 1986 Ordinance No. 9813 PC to C-2-Q (RMH to 7.3 tc C) PC to OS (RMH to OS) 4.8 «C (RMH to OS) 9.9 tc SUBDIVISION BOUNDARY AREA £\2 CHANGED PROM PC TO OPEN SPACE ZONING OS-OPEN SPACE R-1-RESIDENTIAL SINGLE FAMILY PC-PLANNED COMMUNITY C-COMMERCIAL (GENERAL PLAN) RMH-RESIOENTIAL (8-18) RRI-COMMERCIAL O-OFFICE 1:300 City of Carlsbad ZC-348 HQgP QROVE I GPA/LU 86-10. .•..»^~, , 3BK«..-,3|Bfc^*»,..,..„-, ^SIK*™*,^*:. -..^K ... • . ^^Im*^m^umfi0i,i,ii^,^r*,.wmmm**mfm ^.n^mr^f^umf^ ... Q T < <" . O UJ < "^i XHo 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 ORDINANCE NO.9815 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 • o CO coCO g tr CC CM~5 ^ en- O UJ <O u. 3 5 § 0 g i 5 rr * j u:°3< u. >- LU 2 !" 0 QUj 2 o <o cc 2 m2 O COIt ^ > 0 O % ' 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17^L I 18 19 20 21 22 23 24 25 26 27 28 V v . .'• PASSED AND ADOPTED at a regular 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 AB SENT : None APPROVED AS TO FORM AND LEGALITY ^1 }^-^f^ I \1 A/^T^Sjfc/Tus' fv VTNCENT T. BI6N6O, JR. , -ity Attorney v (-/f, >/ /P ;f Is' *— ^C^t^C-if Cx • ^-— •**j^^\.j2.-^C-^" MARY H.yCASLER, Mayor ATTE ST : /? / /O y y/ > y -^-/ /y / / / /(X^f^LA^^ (K 1 <U3^-s3^fts^3!~. ALETHA L. RAUTENKRANZ , City Clerk J Page 2 of 2 MP-l(C) 00c/j o 1 2 3 4 5 6 7 8 9 10 11 12 13 - < o, o ° S I 14 §°l§ 5^3 15 t>^°Z % o Q Ml Z O <o ^ 5i CDz O w 16 | 17o 18 19 20 21 22 23 24 25 26 27 28 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) V>^cl 77 f^LBy Connie Chappell, Supervisor Registration Services 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, OUNE 2, 1987, FOR SUBMISSION TO THE VOTERS RESOLUTION NO. 8848, 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-348, MP-KQ) WHEREAS, the City Council of the City of Carlsbad, California on October 28, 1986, adopted Resolution No. 8848, 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 4th 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 4th day of November, 1986, adopted Ordinance No. 9815, amending Ordinance No. 9694 (Master Plan MP-KA)) of Hosp Grove on property located south of Gefferson 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 4050) 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 10 11 12 13 15 17 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 dune 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 | 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 amending Master Plan MP-1(A) of Hosp Grove, be adopted? I 18 n SECTION 2. That the proposed measure submitted to the voters is attached as19 Exhibit A.20 SECTION 3. That the ballots to be used at the election shall be in form and 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, &4x supplies and equipment that may be necessary in order to properly and lawfully25 conduct the election.26 27 28 1 6 rp election shall be held and conducted as provided by law for holding Municipal 8 10 11 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 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. 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 7 8 9 CLAUDE A. LEWIS, Mayor ATTEST: 11 12 13 ALETHA L. RAUTENKRANZ, City Clerk 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 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 3 WHEREAS, the City Council of the City of Carlsbad called a General Municipal 4 Election to be held on June 2, 1987; and 5 WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego 6 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 8 by resolution requested the Board of Supervisors to permit the Registrar to 9 render the services, subject to reguirements set forth in that section; and 10 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 -Ltfd permit the Registrar of Voters to perform and render all services and -Lo proceedings incidental to, and connected with, the conduct of the subject14 election of the City of Carlsbad, with the cooperation and assistance of the 15 City Clerk of the City of Carlsbad, such services to include, but not to be 16 limited to the following activities as are appropriate to the subject election: 1. Furnish a tabulation of the number of registered voters in each 18 precinct.19 j 2. Examine the signatures on nomination papers or petitions of candidates for public office. & JL» 3. Establish voting precincts, secure locations for polling places, secure _ the services of election officers for each precinct as required by law, and Kii) 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.25 26 '" '" 28 '" 20 21 22 23 24 25 26 27 28 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. 9. Distribute absent voter ballots as required by law, and in cooperation 13 with the City Clerk. 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. 14-. Make all arrangements and take the necessary steps to pay the members 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 purpose of submitting to the voters Resolution No. 8848, an Amendment to the 2 General Plan; Ordinance No. 9813 and Ordinance No. 9815, a Zone Change and an 3 Amendment to a Master Plan (GPA/LU 86-11, ZC-348, MP-KO). 4 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. 11 | 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: 13 AYES: 14 NOES: 15 ABSENT: 16 17 n CLAUDE A. LEWIS, Mayor 18 19 20 21 22 ALETHA L. RAUTENKRANZ, City Clerk 23 (SEAL) 24 25 26 27 28 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER 2 OF $40,000 FROM THE CONTINGENCY FUND TO THE CITY CLERK'S BUDGET FOR ADDITIONAL ELECTION COSTS3 4 8 RESOLUTION NO. WHEREAS, the City Council has called a special municipal election to be held in the City of Carlsbad on Oune 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 10 I the costs of the Special Municipal Election; and 11 WHEREAS, there are sufficient funds available in the City's contingency 12 fund. 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad 14 as follows: 15 1. That the above recitations are true and correct. 16 2. That the transfer of $40,000 from the contingency account (Account 17 #001-840-1990-2990) to the City Clerk's budget, account number 001-1030-2992, is 18 hereby approved. 19 20 21 22 23 24 25 26 27 28 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:6 7 8 9 LO 11 12 _, ATTEST;J.v> 14 15 16 CLAUDE A. LEWIS, Mayor ALETHA L. RAUTENKRANZ, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 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 dune 2, 1987, at which there will be submitted to the voters the following measure: Shall Resolution No. 8848, 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 | | | Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO | | amending Master Plan MP-1(A) of Hosp Grove, be adopted? j | | 10 ,NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does declare, determine and order as follows: 12 SECTION 1. That the above recitations are true and correct. 13 SECTION 2. That the City Council authorizes 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 6 7 8 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 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) » , i 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. 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 Oune 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 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 | | Planned Community to Office and Commercial; and Ordinance No. 9815,1 NO | | amending Master Plan MP-1(A) of Hosp Grove, be adopted? 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 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. * . 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 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)