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HomeMy WebLinkAboutPCD/GPC 08-03; CUSD Land Swap; Planning Comm Determ/Gen Plan Consis (PCD/GPC)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 7, 2009 Application complete date: N/A Project Planner: Chris Garcia Project Engineer: N/A SUBJECT: PCD/GPC 08-03 - CUSP LAND SWAP - Request for a Planning Commission Determination of General Plan Consistency for the City acquisition of approximately 17,596 square feet of property and disposition of approximately 15,946 square feet of property, generally located on the Carlsbad High School property (APNs 205-140-25-00, 205-140-28-00) and City Swim Complex (APN 205-140-29-00) property, in the City's Northwest Quadrant, and within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6522, APPROVING Planning Commission Determination of General Plan Consistency PCD/GPC 08-03 based on the findings and subject to the conditions contained therein. II.INTRODUCTION The issue before the Planning Commission is to determine whether the proposed acquisition of approximately 17,596 square feet of property and disposition of approximately 15,946 square feet of property, generally located on the Carlsbad High School Property and City Swim Complex property, is consistent with the applicable goals and objectives of the City's General Plan. Section 65402 of the California Government Code requires that any proposed acquisition or disposition of property for public purposes, except street dedications, shall be reviewed for consistency with the General Plan. Staff has no outstanding issues with the proposed consistency determination request. The approval of the property transfer will be a City Council action at a later date. III. PROJECT DESCRIPTION AND BACKGROUND The Carlsbad Unified School District (CUSD) and the City of Carlsbad are proposing to exchange land in order to accommodate improvements for the existing Carlsbad High School. The land that the City would transfer to the CUSD is currently located adjacent to the City's Swim Complex. The land that the City would acquire is also adjacent to the Swim Complex, but owned by the CUSD. After the exchange of land, the City of Carlsbad would have a net gain of approximately 1,650 square feet of property. All of the land involved has a General Plan Land Use Designation of High School (H) and a Zoning Designation of Open Space (OS). Exhibit "A" shows the proposed boundary adjustment between the two lots. There are no new proposed uses for the overall site and the Swim Complex and high school facilities will continue to operate. The existing solar panels and some parking for the Swim PCD/GPC 08-03 - CUSD LAND SWAP January 7, 2009 Page 2 Complex will be relocated onto the newly acquired City land. Although the Swim Complex has a Conditional Use Permit (CUP), the Planning Director has determined, pursuant to Municipal Code Section 21.42.140(100), that the minor changes can be approved administratively because no new uses are proposed and the site is not increasing by more than 20%. A new football stadium for the high school will be located on a portion of the CUSD's newly acquired land. No other City uses or facilities will need to be relocated. IV. ANALYSIS General Plan Consistency The subject site includes a total land area of approximately 33,542 s.f., where 15,946 s.f. is presently owned by the City and 17,596 s.f. is presently owned by the CUSD. There are no proposed General Plan amendments or zoning changes with this project. The proposed property acquisition is consistent with the goals, objectives, polices, and implementation programs of the General Plan in that the property proposed for acquisition and disposition will continue to be used for the existing public uses. The following is a consistency analysis of relevant General Plan goal and objectives applicable to the project. Land Use Element The land has a General Plan Land Use Designation of High School (H) and is zoned Open Space (OS). The existing high school and Swim Complex uses are consistent with the High School (H) land use designation. Public uses such as parks or other civic facilities are allowable in the Open Space zone subject to approval of a Conditional Use Permit. As previously discussed, the Swim Complex has an approved CUP, and an administrative amendment is appropriate because the proposed changes are minor. Schools are also conditionally permitted in the OS zone; however, on August 13, 2008, the CUSD Board of Directors voted to override the City's zoning requirements in accordance with California Code Section 53094. Parks and Recreation Element The Parks and Recreation Element provides the policy framework by which the City plans, develops and provides quality active and passive park facilities, trails and recreation programs for Carlsbad residents, employees, and visitors. The land swap is consistent with the Parks and Recreation Element in that the proposed land swap will maintain the existing facilities and levels of operations on site. Park Development Objective B.I states: "To provide a minimum of 3 acres of Community Parks or Special Use Areas for each 1,000 population within each of the four park quadrants of the City" (this is also the Growth Management Program standard). The City Swim Complex is designated as a Special Use Area and since the overall site size and uses will be maintained and not reduced, the project complies with this objective. Open Space and Conservation Element The Open Space and Conservation Element broadly define five categories of open space, from Open Space for the Protection of Natural Resources (Category 1), to Open Space for Public Health and Safety (Category 5). Parks and Recreation Special Use Areas such as the Swim Complex, as well as school grounds are listed as Category 3 Open Space (Open Space for PCD/GPC 08-03 - CUSD LAND SWAP January 7, 2009 Page 3 Outdoor Recreation). Carlsbad High School, while not subject to a joint-use agreement between the CUSD and the City, is nevertheless considered to be Category 3 Open Space in the General Plan. The land swap is consistent with the Open Space and Conservation Element in that the project does not reduce the overall site size or result in changes to use. The uses will remain unchanged and therefore consistent with the Open Space Element. Specifically, the project is consistent with Open Space Planning and Protection Goal A.4 and Objectives B.7 and B.9 which state the following: A.4 A city with an adequate amount and variety of open space for outdoor recreation, including, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study; and, semi-developed areas for camping. B. 7 To provide for the distribution of programmed and unprogrammed recreation areas throughout the four quadrants of the City and to separate the uses where needed. B. 9 To maintain an inventory of open space. V. ENVIRONMENTAL REVIEW It has been determined that the project is exempt from the California Environmental Quality Act, pursuant to Section 15305(a) of the CEQA Guidelines. Section 15305(a) exempts minor lot line adjustments that do not result in the creation of a new parcel. ATTACHMENTS: 1. Planning Commission Resolution No. 6522 2. Location Map 3. Disclosure Statements 4. Reduced Exhibit 5. Exhibit "A" dated January 7, 2009 NOT TO SCALE SITEMAP CUSD Land Swap PCD/GPC 08-03 City of Carlsbad — tf ~ •P'qrBBBMHMHBBPX^^H^HMHHHB^Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL, names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Brian Albright Corp/Part City of Carlsbad Title Recreation Director Title Address 799 Pine Avenue. Suite 200 Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part City of Carlsbad Title Title Address Address120D Carlsbad Village Drive. Carlsbad 2008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust Title Title Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I j Yes I No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ¥ Signature of owner/date Signature of applicant/date Citv of Carlsbad Brian Albright Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Brian Albright Print or type name of owner/applicant's agent H:ADMIN\COUNTEROISCLOSURE STATEMENT 12/08 Page 2 Of 2 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm> co-partnership, joint venture, association^ social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Erik Reuter Corp/Part Carlsbad Unified School District Title School Construction Program Mgr. Title , Address 6225 El Camino Real Address 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature-of'the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part Title Title __^___^ Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 » www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust hVft Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes X] No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best-efvrny knowledge. Signature of owner/date Signatuife/of applicant/date Carlsbad Unified School District (C.U.S.D) Erik Reuter Print or type name of owner Print or type name of applicant 12/3/08 Signatur£~6tf owner/applicant's agent if applicable/date Erik Reuter Print or type name of owner/applicant's agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 Of 2 3 MO J.S'H 3 M>!OD NOIlV3M03y QNV SXfclVdavasiavo do AIIO :a3dO13A3a/W3NMO 30NVHOX3 QNV1 COoI GOo 0a.0 Q0a. 88 g g IB 116 I O O si ob ° — ~ <it in p < E t SO lu Ldce Ld O QL O