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HomeMy WebLinkAbout1984-05-01; City Council; Resolution 75889 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. 7588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, INITIATING PROCEEDINGS FOR A REORGANIZATION INVOLVING ANNEXATION TO THE CITY OF CARLSBAD , DETACHMENT FROM THE LEUCADIA COUNTY WATER DISTRICT , ENCINITAS FIRE PROTECTION DISTRICT, AND COUNTY SERVICES AREAS NO. 17 (SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO LOCAL PARKS). (BATIQUITOS POINTE REORGANIZATION) WHEREAS, pursuant to the District Reorganization Act of 1965, iencing with Section 56000 of the Government Code, a petition of ication was submitted to the Local Agency Formation Commission certified sufficient by the Executive Officer on January 26, ; and WHEREAS, on April 2, 1984, the Local Agency Formation Commissiov esolution (attached hereto as Exhibit I), approved the proposed ganization and authorized the Council of the City of Carlsbad tc iate and conduct proceedings for the proposed reorganization in liance with said resolution and pursuant to Government Code ion 56000, et seq.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 'arlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby adopts this resolution initliating proceedings for the proposed reorganization as provided in dovernment Code Section 56310 as follows: a. The name of the areas for which any change of organization if proposed is entitled Batiquitos Pointe Reorganization. The reorganization consists of the territory described in Exhibit "A" to the Local Agency Formation Commission Resolution. b. The particular change of organization proposed for the (1) Annexation of the territory described in the area is the: on file with the Local Agency Formation Commission o the City of Carlsbad. I J 3 i 9 4 E E 7 E s LC 11 12 1: 14 1t 1E 17 1€ 1s 2c 21 22 22 24 25 26 27 28 (2) Detachment of the territory described in the application on file with the Local Agency Formation Commission from the Leucadia County Water District, Encinitas Fire 'rotection District, and County Service Areas No. 17 (San lieguito Paramedics) and No. 83 (San Dieguito Local Parks). c. Said change of organization shall be subject to the terms and conditions specified and contained in the Resolution of the Local Agency Formation Commission and the following condition: (1) All nonconforming uses, including subdivision directional signs and billboards shall be removed from the property within thirty days from the adoption of the resolution approving the annexation. d. Preliminary proceedings were commenced when the petition by the landowners was submitted to the Local Agency Formation Commission making a proposal for this annexation. e. The territory includes 50.53 acres and is uninhabited. f. The reasons for the proposed reorganization are: (1) Applicant is proposing development on the property and the City of Carlsbad is the appropriate agency for providing public services. (2) The territory is a county island and the annexation would be consistent with the City of Carlsbad Sphere of Influence. (3) The annexation is consistent with the City of Carlsbad and Local Agency Formation Commission policies on annexation of county islands. g. The Clerk of the City of Carlsbad is hereby directed to advertise the proposed annexation for public hearing on 3une 5, 1984, at 6:OO P.M., in the Council Chambers . h. Any interested person desiring to make written protest against said reorganization shall do so by written communication filed with the Clerk of the City of Carlsbad not later than the hour above stated for the public hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him; a protest by a voter shall contain the residential address of such voter. i. The Clerk of the City of Carlsbad is authorized and instructed to publish the notice of hearing according to Sections 56087 - 56089 of the California Government Code. Ill I .Y PASSED, APPROVED AND ADOPTED by the City Council of the City of .sbad, County of San Diego, State of California, this 1st of May , 1984, by the following vote: AYES: NOES: None ABSENT: Council Mmber Kulchin Council MEYnbers Casler, Lewis, Chick and Prescott ST : HA L. RAUTENKRANZ, Cith Clerk L) I Minute On Hersom, Item : motion of Commissioner Mahr, seconded by Commissioner the following resolution is adopted: e (1) notice RESOLUTION OF THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION APPROVING A PROPOSED ETACHMENTS FROM THE LEUCADIA COUNTY WATER DISTRICT, GANIZATION INVOLVING ANNEXATION TO THE CITY OF CARLSBAI), NITAS FIRE PROTECTION DISTRICT, AND COUNTY SERVICE AREAS NO. 17 (SAN DIEGUITO PARAMEDICS) AND NO. 83 (SAN DIEGUITO LOCAL PARKS) The hearing was held on the date set therefor, and due of said hearing was given in the manner required by law. ~ "Batiquitos Pointe Reorganization" (2) considered report of At that hearing the Commission called for, heard, and all interested parties and read and considered the the Executive Officer. a petition was submitted to this Commission for the of territory including annexation to the City of from the Leucadia County Water District, sufficienf by the Executive Officer REAS, the territory proposed for reorganization is as d in the application on file with the Local Agency n Commission; and REAS, pursuant to Government Code Section 56262, the e Officer of this Commission set a public hearing on the and place of said hearing in accordance with Govern- reorganization for April 2, 1984, and gave notice of the 56264 and 56265; and WH REAS, the Executive Officer of the Commission has filed his rep rt on said reorganization, which report was received and conside 3 ed by the Commission; THEREFORE, BE IT RESOLVED, that this Commission hereby etermines, and orders as follows: The Commission certifies that it has reviewed and con- he information contained in the EIR prepared by the City The Commission adopts the Environmental Findings required n 15091 of the State CEQA Guidelines for each significant entified by the EIR, as stated on Exhibit IIB" attached hereto. .. I -- (7) Section agricultural 51201(a) land to (8) modified subject to The Commission certifies that it has reviewed and the information contained in the Negative Declaration the City of Carlsbad for the vacant parcels included to avoid creating a County "island." The Commission certifies, pursuant to Government Code 54774.3, that this proposal would have no effect on any preserves as defined in Government Code Section and would not result in the conversion of prime agricultural nonagricultural use, - The Commission hereby approves the reorganization with boundaries, as described in Exhibit tlA" attached hereto, the following conditions: The Commission finds, pursuant to Section 15061(b) (3) of CEQA Guidelines, that the area added to the reorganization a logical city boundary is not subject to the environmental luation process because it can be seen with certainty is no possibility for the proposed project to significantly environment. (12) designated (13) conducting proceedings (14) file and law. The territory proposed to be reorganized is hereby the "Batiquitos Pointe Reorganization" (City of Carlsbad). The Commission hereby designates the City of Carlsbad as the authority and authorizes the City Council to initiate in compliance with this resolution. The Executive Officer of this Commission is directed to mail certified copies of this resolution as required by 1 None The boundaries of the territory as described in Exhibit finite and certain. The boundaries of the territory do conform to lines of and ownership. (1111 The territory includes 50.53 acres and is uninhabited, -2- Passed and County of 19 84 I b: STATE OF Ci covmi- OF 2 I, J?.NE P. Formation ( hereby cerl inal resoli April 2, 1’ on file in transcript Witness my idopted by the Local Agency Formation Commission of the in Diego this 21-16 day of April I the foilowing vote: AYES: Commissioners Boarman, Bennett, Gotch, NOES: None Oravec, Hersom, Mahr, and Hostler ABSENT: Commissioners Eckert and Fordem ABSTAINING: None , I F ORN I A 1 ?CJ DIEGO) ss IERRILL, Acting Executive Officer of the Local Agency m”mssion of the County of San Diego, State of California, .fy that I have.compared the foregoing copy with the orig- :ion adopted by said Commission at its regular meeting on 34 , which original resolcltion is now iy office; and that same contains a full, true, and correct .herefrom.and o,f the who14 thereof. land this 9th day of -April , 19 84 . J’Ab$2 P. MERHILL Acting Executive Officer San Dieqo County Local Agency Formation Co,mission R083-20 All that Range 4 San Die? Governme Beginnin norther1 of the S line of 200.00 f of the C adopted 1. 2. 3. 4. 5. 6. 7. the e as the sou the dis lin of Jul the A. B. C. the eas the hig poi the cit the lin of of the ado sou "Batiquitos Pointe Reorganization" (City of Carlsbad) portion of Sections 28,29,32 and 33, Township 12 South, est, San Bernardino Base and Meridian, in the County of , State of California, according to United States t Survey, lying within the following described boundaries: at the intersection of the easterly prolongation of the line of the South two-thirds of Lot 4 (Southeast Quarter utheast Quarter) of said Section 29 with the northeasterly he Atchison Topeka and Santa Fe Railway Company right-of-way, et wide, said point being an angle point in the boundary ty of Carlsbad as established by their Ordinance No. 1122, uly 21, 1970, by said City; ce southeasterly along said northeasterly line to the -west center line of Section 33, said Township and Range: ce westerly along said east-west center line to the hwesterly line of said 200.00 foot railway right-of-way; ce southeasterly along said southwesterly line to a point ant thereon 2,939.21 feet southeasterly from the northerly of said Section 33, being also a point in the center line channel as described in deed to W. D. Cannon, recorded 6, 1955 in Book 5705, page 55 of Official Records; ce along said center line as follows: south 46O 04' west, 202.96 feet (record - 204.03 feet); south 71' 52' west, 195.12 feet; north 74' 34' west, 244.37 feet to the northeasterly line of State Highway XI-SD-2-B (formerly U.S. 101 as located in July 1955) map on file in the Office of the State Civision of Highways of said county; ce northwesterly along said northeasterly line to the -west center line of said Section 33; ce westerly along said east-west center line to the mean tide line of the Pacific Ocean, said point being an angle t in the boundary of the City of Carlsbad as established by r Ordinance No. 1084, adopted November 5, 1963, by said northwesterly along said city boundary and mean high tide to an intersection with the southwesterly extension of the herly lot line of Lot 6 of said Section 33 shown on Record irvey Map No. 6561, filed in the County Recorder's Office 2id county, being also an angle point in the boundary of Jity of Carlsbad as established by their Ordinance No. 1141, ted December 7, 1971, by said city; Exhibit ''A'' Page 1 of 3 I .. R08 3 - 2 0 the A. B. C. the wes maF the Sur of of- on of the nor 1 ir Rai May the an twc thc sou 8. 9. 10. 11. 12. 13. PO iw: jc 1/30/'84 LAFCC .- ce along said city boundary as follows: north 60'21'05" east 204.96 feet along said southwesterly extension and southerly lot line to an intersection with the westerly line of said State Highway, as described in deeds to the State of California, recorded July 23, 1926, in Book 1258, page 1 of deeds, records of said county and April 9, 1935, in Book 393, page 200 and April 9, 1935, in Book 358, page 451 of official records of said county; north 60'21'05" east, 270.03 feet to a point in the north- easterly line of said State Highway as described as Parcel No. 2851 in deed from John M. Metcalf, et. al. to the State of California, recorded on June 23, 1954, in Book 5130, page 473, of official records of said county; north 17O31' west, 823.25 feet along said northeasterly line to an angle point in the boundary of the City of Carlsbad as established by said Ordinance No. 1084; ce generally northwesterly, northerly, westerly and north- .erly along said northeasterly line and city boundary eo the .herly line of County Road Survey No. 339 (Ponto Drive) on file in the County Engineers Office of said county; .ce south 89'49' east along the southerly line of said Road 'ey No. 339 to the Easterly line of the ABANDONED portion .he Atchison Topeka and Santa Fe Railway Company's right- ray across the said south two-thirds of said Lot 4, as shown kecord of Survey Map No. 682 filed in the Recorder's Office ,aid county; tce along said easterly line of said railway right-of-way :h 4O40'18" west to an intersection with the southwesterly ! of the existing 200 foot Atchison Topeka and Santa Fe .way right-of-way, as shown on State Board of Equalization 804-37-9K on file in the Assessor's Office of said county; ice north 21°081181t west along said southwesterly line to ntersection with said northerly line of the southerly -thirds of said Lot 4; ice along said northerly line south 89'49'50" east to the it of beginning. Exhibit "A" Page 2 of 3 *' R083-20 De tachmeni All that 1 west, San State of ( lying wit1 Beginning northly 1. the south1 with the : Railway Cc angle poi1 by 1. 2. 3. 4. 5. 6. their then1 east then sout and then1 dist line of a July then A. B. C. then west then poin iw:jc LAFCO 4/9/84 iatiquitos Pointe Reorganization" (City of Carlsbad) from Encinitas Fire Protection District )rtion of Lot 20 of Section 33, Township 12 south, R nge 4 iernardino Base and Meridian, in the County of San Diego, klifornia, according to United States Government Survey, .n the following described boundaries: tt the intersection of the easterly prolongation of the le of the south two-thirds of Lot 4 (southeast Quarter of Ist Quarter of Section 29, Township 12 south, Range 4 west Irtheasterly line of the Atchison, Topeka and Santa Fe zpany right-of-way, 200.00 feet wide, said point being an ; in the boundary of the City of Carlsbad as established :dinance No. 1122, adopted July 21, 1970, by said city; z southeasterly along said northeasterly line to the lest center line of Section 33, said Township and Range; 3 westerly along Said east-west center line to the sesterly line of said 200.00 foot railway right-of-way, le true point of beginning; 3. southeasterly along said southwesterly line to a point it thereon 2,939.21 feet southeasterly from the northerly If said Section 33, being also a point in the center line Zhannel as described in deed to W.D. Cannon, recorded 5, 1955 in Book 5705, page 55 of Official Records; 3 along said center line as follows: south 46'04' west, 202.96 feet (record-204.03 feet) : south 71'52' west, 195.12 feet; iorth 74'34' west, 244.37 feet to the northeasterly line 2f State Highway .XI-SD-2-B (formerly U.S. 101 as located in July 1955) map on file in the Office of the State livision of Highways of said County: 2 northwesterly along said northeasterly line to the east- =enter line of said Section 33: e easterly along said east-west center line to the true of beginning. Approved by the Local Agency Formation Commission of Sari Diego APR - 2 1984 Executive Officer of said Commission Exhibit "A" Page 3 of 3 R083-20 resulting hotel area (10--20 Twelve will reach proposed on-grade. ENVIRONMENTAL SUMMARY AND FINDINGS BATIQUITOS POINTE REORGANIZATION FOR SIGNIFICANT EFFECTS OF density of 19.6 du/acre (excluding open space and future acreage) is at the high end of the allowable range for this du/acre) . building structures are proposed (two building types) which a height of 35 feet (three stories). Resident parking is in subterranean garages, with most visitor parking located Lead Agency: City of Carlsbad SUMMARY PROJECT D$SCRIPTION (from Carlsbad Staff Report 2/23/83) t property is located immediately north of Batiquitos tween Carlsbad Boulevard and the AT & SF Railroad. The ional zoning involves approximately 39 acres. The upland area) of this site is proposed to be zoned 1 Density-Multiple (RD-M), corresponding to an RMH an designation of 10-20 du/acre. The approximately 10 roperty in the southern end of the site, including part tos Lagoon and a related lowland flat, is to be zoned (OS) per the OS general plan designation. oned area can be separated into four groups: a 354-unit m project on one lot on the southern portion of the upland ture development site (possibly motel), separated from the m by proposed Avenida Encinas, and two small existing lots th and northwest of the site (under different ownership) to be similarly prezoned to avoid the creation of county The requested Open Space zoned property comprises Lot 3 posed subdivision, located on the southern portion of the Plans have been submitted only for the area south of cinas at this time. Surrounding land uses include Carlsbad Boulevard and the State Park to the w st, the Ponto area and its related industrial/residential mix to t e north, the Seabluff property to the east which has recent- ly been a rezoned to RD-M-Q, and Batiquitos Lagoon to the south. the project is to be provided from the full-width ion of Avenida Encinas. The extension of this arterial railroad tracks will occur at a later time. EXHIBIT "B" Page 1 of 3 I. RO 8 3 - 2 0 I Traf fi(; Impact: hazard The site is presently used for commercial flower production. Some grading for the condominium project is anticipated on the relatively flat site b cause of the subterianean garage. No grading or develop- ment is pro 6 osed within the open space zone. Circulation - Traffic from the project would incur a potential safety due to the inadequate length of the southbound ramps at MAJOR ISSUE$ (from Carlsbad Planning Commission Resolution #2087) the Mitigation: approval Impact: identified would result in the loss of 15 Carlsbad Boulevard/Ponto Drive interchange. These ramps will be lengthened per condition of this tentative map. Archaeolosical Resources The project would result in a significant impact archaeological site. Mitiga ion: Under the County and LAFCO guidelines, the loss of agr cultural land is a significant impact. Under the City of Car sbad Interim Agricultural Policy, however, it is not. The im act is overriden by the need for this type of housing in Car sbad and by agricultural preservation programs imple- mented i by the Coastal Commission, of on an Mitig tion: docum i ntation of the site, if warranted, will be performed. A limited testing program followed by excavation and Air Qdality : The project is considered to have an adverse impact on tainment of acceptable regional air quality based on RAQS tion projections presently in effect. Mitig tion: The need to provide appropriate housing for the City f Carlsbad overrides this impact. 8 Potential lagoon sedimentation impacts could result of the site. tion: Conditions of approval have been placed on this ive map which will control sediment deposit. These include basin and other drainage structures. I -2- R08 3 -2 0 the F) BiolodJical I Resources Mitigation: The project has been redesigned so as to open up buildings to allow views through to avoid the appearance : The project includes six tennis courts on the lowland djacent to the lagoon which will significantly affect sting habits of two sensitive bird species on the site. tion: These six tennis courts have been deleted from The project buildings are large in scale and mass as Boulevard. of malssive buildings. FINDINGS ~ Section 15091 of the State CEQA Guidelines, find that measures listed above for the identified impacts by the City of Carlsbad, and that the mitigation of the City of Carlsbad and not LAFCO and facilities will be within the Approved by the Local Agency Formation Commission of San Diego APR - 2 5984 &La*& Executive Officer of said Commission -3- :. -0 .. >. ... . . 4. . -' .... .. m. : . :. .. .. .. -. '8 . . .. 66 P -R.A. PAGE: IRAWN E3Y: M. SLHCJR.4 I RO83-20 LAFCO: MAPPING DIVISION ~SAN DIEGO COUNTY ASSESSOR'S OFFICE~~R-: 50.53 8C a 3-2-234 IATE : RAWN BY: M. SCHURR \ \ Approved by the Local Agency Formation Commission of San Diego APR - 2 1984 &LQ.L Executive Officer of said Commission THOMAS BROS: ' P/ S T. 19- c 5