Loading...
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 DAA/br 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 DAA/vb