HomeMy WebLinkAboutMP 132; Pacesetter Homes; Master Plan (MP) (22)MEMORANDUM
January 21, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: PACESETTER HOMES ANNEXATION SOUTH CARLSBAD 1.18
(KOSTOLANY AND KRAMER PROPERTY)
You asked me to research the significance of February 4, 1975, especially
as it pertains to the Pacesetter Homes Annexation south of Palomar Airport
Road easterly of Lowder Lane (Paseo del Norte).
I discussed the issue with the City Clerk, and she indicated that the
LAFCO staff had asked about Council action on the Pacesetter annexation.
The City must take an action within one year from the date of the LAFCO
approved resolution. LAFCO originally acted on February 4, 1974. There-
fore, if the City does not respond one way or the other, the LAFCO
approval is invalidated and new annexation proceeding must take place.
At this point then, it seems we have two or three courses of action:
1. Deny the entire annexation per memo to your office of October 15,
1974, attached.
2. Approve the annexation request and also approve the pre-annexational
zoning to Planned Community, City Council Ordinance 9362, and Master
Plan approval, City Council Resolution 3302.
3. Approve the annexation request but deny the pre-annexation zone
change and recommend L-C (Limited Control). At such time as the
property owners (Kostolany and Kramer) are ready to proceed, re-hear
a zone proposal and subsequent Master Plan and/or Specific Plan.
Under any circumstance, the City Council must act on or before February 4,
1975 in order for the LAFCO resolution to be effected. If the Council does
not respond, annexation proceedings must be re-instituted.
If you have any questions regarding the significance of February 4, 1975,
please contact my office at your convenience.
Donald A. Agatep
Attachment
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MEMORANDUM
October 15, 1974
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: PACESETTER HOMES: Pre-Annexation Change of Zone ZC-125
Master Plan MP-132
Specific Plan SP-155
Tentative Map CT-73-59
Pacesetter Homes has submitted a request to the City to withdraw
their applications for Specific Plan and Tentative Map approval.
Before recommending an action to the Council the following infor-
mation should be assessed.
1) Pre-Annexational Zoning: The City Council by Ordinance
9362 approved Pacesetter's Pre-annexational Zoning
request (County E-l-A to City P-C) on October 18, 1973.
Pre-Annexational Zoning is accomplished in the same
manner as a change of zone. (C.M.C. Sec. 21.06.070,
Ord. 9183) The same section provides for the pre-zoning
to become effective at the time the annexation becomes
effective.
LAFCO approved the annexation request by LAFCO Resolution
of February 4, 1974. Therefore, the zoning would have
been effective when the City Council by Resolution agreed
to annexation and forwarded documentation to the Secretary
of State.
Pacesetter Homes, by letter dated February 19, 1974 re-
quested the annexation application be held until the
specfic Development Plan was approved. By our records,
the City Council has never accepted the annexation re-
quest.
It is clear the zoning has not been consumated. If the
City Council does not accept the annexation request, the
zoning (P-C) becomes moot.
2) Master Plan - MP-132: The Master Plan was processed
independent of the pre-annexation zoning request. The
Master Plan was approved by City Council Resolution 3302
on January 2, 1974.
3) Specific Plan 155, Tentative Map 73-59: The Specific Plan
and Tentative Map have been approved by Resolution, City
Council Resolutions 3469 and 3470 and the City Council has
offered for adoption Specific Plan Ordinance #9000. The
Resolution and Ordinance were approved August 6, 1974.
However, Pacesetter, by letter to the City Manager,
requested the second reading be held until Escrow
difficulties could be resolved. Therefore, the Specific
Plan/Tentative Map have not yet been formally adopted.
I would recommend the City Council deny the annexation request and
instruct the Staff to set for Public Hearing, a motion to rescind
the prior City Council Action of Pre-annexational Zoning to P-C
(Planned Community).
If you have any questions regarding this matter, please contact me
at your convenience.
Donald A. Agatep
PLANNING DIRECTOR
cc: City Attorney
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