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