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HomeMy WebLinkAboutROI 09-01; Rancho Carlsbad Option Parcel; Resolution of Intention (ROI)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: March 3, 2010 Application complete date: N/A Project Planner: Greg Fisher Project Engineer: N/A SUBJECT: ROI 09-01 - RANCHO CARLSBAD OPTION PARCEL- A Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment and Zone Change to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. The General Plan Amendment (GPA) would change the existing General Plan Land Use designation on the property site from Residential Low Medium (RLM) to Open Space (OS), and a Zone Change (ZC) would change the existing zoning designation from Residential Mobile Home Park (RMHP) to Open Space (OS). The property is generally located north of Rancho Carlsbad Estates and Calavera Creek, south of Cannon Road, east of Robertson Ranch PA 20, and west of Robertson Ranch PA 23F in Local Facilities Management Zone 14. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6679 APPROVING a Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. II. INTRODUCTION/PROJECT DESCRIPTION/BACKGROUND On December 16, 2009, the Planning Commission recommended approval of legislative and discretionary permits for an office building and RV storage area within Robertson Ranch PA 22 and the adjacent option parcel. Concurrently with this recommendation, the Planning Commission made a motion and voted (7-0 in favor) directing staff to consider a General Plan Amendment and Zone Change to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. The General Plan Amendment (GPA) would change the existing General Plan Land Use designation on the property site from Residential Low Medium (RLM) to Open Space (OS), and a Zone Change (ZC) would change the existing zoning designation from Residential Mobile Home Park (RMHP) to Open Space (OS). These amendments would reflect the actual land uses and ensure that the 3.49 remainder parcel remain undeveloped as desired by the Rancho Carlsbad Estates Community and as represented to the Planning Commission. As mentioned, the Rancho Carlsbad Option Parcel is generally located between the Rancho Carlsbad Estates and the Robertson Ranch Master Plan community. The property owner, Brookfield Tamarack, LLC, who is the developer of the Robertson Ranch Master Plan community, does not intend to develop the subject site or to annex the property into the o ROI 09-01 - RANCHO CARLSBAD OPTION PARCEL March 3, 2010 Page 2 Robertson Ranch Master Plan community boundaries. Therefore, the property owner is not opposed to re-designating the property to Open Space. If the Planning Commission votes to adopt the attached Resolution of Intention, the recommendation will be forwarded to the City Council for consideration. If the City Council approves the Resolution of Intention, staff will conduct research and analysis, and return to the Planning Commission with a recommendation on the proposed General Plan Amendment and Zone change. During the early public notice process for the Resolution of Intention application (ROI 09-01), staff received a letter in opposition to the project (see attachment No.4). The letter was received from a law firm representing the Rancho Carlsbad Owners Association. III. ENVIRONMENTAL REVIEW This project consists of a Planning Commission recommendation to the City Council to direct staff to conduct research and analysis, and prepare a recommendation for future action by the Planning Commission and City Council. The activities associated with the project will not involve or result in any disturbance to the environment, and are considered part of a study leading to an action that the City has not yet approved or adopted; therefore, the project is categorically exempt from the California Environmental Quality Act (CEQA). CEQA Section 15306 describes the following activities as being exempt from environmental review: "...basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded." Any future staff recommendation to change the General Plan Land Use designation and Zoning designation of the Rancho Carlsbad Option Parcel to Open Space will be reviewed pursuant to the requirements of CEQA. ATTACHMENTS: 1. Planning Commission Resolution No. 6679 2. Location Map 3. Exhibit "A" 4. Objection letter from the Loftin Firm, LLP, dated February 10, 2010. Rancho Carlsbad Mobile Home Park NOT TO SCALE SITEMAP Rancho Carlsbad Option Parcel ROI 09-01 The L o f t i n Firm LIP Carlsbad Location I I Tennessee Location 5760 Fleet Street, Ste. 110 I I ^^^ 407 Main Street, Ste. 205 Carlsbad, California 92008 I I Franklin, Tennessee 37064 Tel: 760.431.2111 I I Tel: 615.567.6722 Fax: 760.431.2003 I ^^^^^ Fax: 615.567.6723 Respond to Carlsbad, CA Location www.loftinfirm.com Client/Matter NumberOlO sloftin@loftinfirm.com Attorneys at Law Via Email (greg.fisher(a>,carlsbadca.gov) February 10,2010 Greg Fisher, Assistant Planner Planning Department, City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: PROJECT NAME: Rancho Carlsbad Option Parcel PROJECT NUMBER: ROI 09-01 Early Public Notice - Response OBJECTION & REQUEST: The Rancho Carlsbad Option Parcel will become part of Rancho Carlsbad Country Club Estates, which is currently zoned RMHP; the request is to zone the additional property as RMHP Dear Mr. Fisher: This Firm represents Rancho Carlsbad Owners Association, Inc., a California nonprofit mutual benefit corporation. On behalf of the Association, thank you for the Early Public Notice. All of the Association's currently owned and/or managed property is zoned Residential Mobile Home Park (RMHP). The advantages to this zoning for the Association property are that it clearly delineated the primary purpose of the property for other governmental agencies, including taxing agencies. Therefore, the Association is opposed to both proposed zone changes. Notwithstanding the foregoing, the Association is deed restricting the affected properties to comply Chapter 21.33 section 020 of the City of Carlsbad Ordinances as of January 1, 2010, and specifically 21.33.020, Table A. See, Exhibit "A" hereto, a draft of the Grant Deed transferring title to the Association, which draft contains the use restriction. Therefore, the Association does not object the restrictions on the use of the property but rather to the proposed zone designation because of actual and potential issues which might arise as a result of the proposed zone change. The Association is open to any suggestions which provide the land with RMHP zone, while assuring the Open Space designation. Nothing herein should be deemed an acceptance by THE LOFTIN FIRM LLP Greg Fisher, Assistant Planner February 10,2010 Page 2 of 2 the Association neither to grant the public access to this area nor to restrict the area as natural habitat. Please contact me at your earliest convenience to discuss these issues. Sincerely, THE LOFTIN FIRM LLP By: L. Sue Loftin, Esq. cc: Client Ends. One (1), Draft Grant Deed M:\Rancho Carlsbad\Brookfield Homes Agreements\Ltr to GregFisher.City.Zone.2-10-10.doc: 1 PLANNING COMMISSION RESOLUTION NO. 6679 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DIRECT THE PLANNING 4 DIRECTOR TO CONSIDER A GENERAL PLAN AMENDMENT AND ZONE CHANGE TO THE 3.47 ACRE REMAINDER PARCEL OF CT 09-01, KNOWN AS THE 6 RANCHO CARLSBAD OPTION PARCEL. THE PROPERTY IS GENERALLY LOCATED NORTH OF RANCHO 7 CARLSBAD ESTATES AND CALAVERA CREEK, SOUTH OF CANNON ROAD, EAST OF ROBERTSON RANCH PA 20, 8 AND WEST OF ROBERTSON RANCH PA 23F IN LOCAL 9 FACILITIES MANAGEMENT ZONE 14. CASE NAME: RANCHO CARLSBAD OPTION PARCEL 10 CASE NO: ROI 09-01 11 WHEREAS, the Planning Commission recommended approval of GPA 09-01/ZC 12 09-01/MP 02-03(B)/CT 09-02/SDP 09-01 - ROBERTSON RANCH PA 22 to allow for the 13 subdivision of a 10.07 acre site into four lots and created the 3.49 acre remainder parcel known 14 as the Rancho Carlsbad Option Parcel; and , 6 WHEREAS, the Planning Commission did on December 16, 2009, discuss the 17 propriety of a General Plan Amendment and Zone Change to the Rancho Carlsbad Option 18 Parcel to reflect actual uses, and voted (7-0 in favor) to place the matter on a future agenda to 19 consider making a recommendation to the City Council; and 20 WHEREAS, the Planning Commission did on March 3, 2010, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 .-- WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Resolution of Intention recommending that the City Council direct the Planning rjf-zo Director to consider a General Plan Amendment and Zone Change to the Rancho Carlsbad 27 Option Parcel. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That pursuant to Section 65358 of the State Government Code and Chapter 21.52 of the Carlsbad Municipal Code, the Planning Commission of Carlsbad hereby RECOMMENDS that the City Council direct Director to consider a General Plan Amendment and Zone Change the City of the Planning covering the area of land generally identified as the Rancho Carlsbad Option Parcel as shown on Exhibit "A" attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, held on March 3, 2010, by the following vote, AYES: Chairperson Douglas, Commissioners Baker, L'Heureux, Montgomery, Nygaard, and Schumacher NOES: ABSENT: ABSTAIN: ^ * cx ^^OVA^^V-II*^0^FARRAFTfrDOUGLAS, dfirirperson CARLSBAD PLANNING COMMISSION ATTEST: &U s by DON NEU Planning Director •-• • PCRESONO. 6679 -2- the Planning to wit: Dominguez, Exhibit A ROI 09-01 Rancho Carlsbad Option Parcel Rancho Carlsbad Mobte'Home Park.'.-' Zoning Rancho Carlsbad Moble Home Park General Plan