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HomeMy WebLinkAbout2010-11-09; City Council; 20393; RANCHO CARLSBAD RESOLUTION OF INTENTIONCITY OF CARLSBAD - AGENDA BILL AB# 20.393 MTG. 11/9/2010 DEPT. CED Rancho Carlsbad Option Parcel Resolution of Intention -ROI 09-01 DEPT. DIRECTOR <^£ CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 2010-252 directing the Planning Director to initiate a General Plan Amendment and Zone Change, from Residential Low- Medium (RLM) and Residential Mobile Home Park (RMHP) respectively, to Open Space (OS) for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel. ITEM EXPLANATION: 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) to direct the Planning Director to place on a future Planning Commission agenda a Resolution of Intention to consider a General Plan Amendment and Zone Change, from RLM and RMHP respectively, to Open Space (OS) for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel (See Exhibit "4"). These amendments would reflect the actual land uses and ensure that the 3.49 acre parcel remains undeveloped as desired by the Rancho Carlsbad Estates Community and as represented to the Planning Commission. On March 3, 2010, the Planning Commission adopted Planning Commission Resolution No. 6679 approving a Resolution of Intention (ROI 09-01) 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) for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel. At the March 3, 2010 Planning Commission hearing, Sue Loftin, an attorney with The Loftin Firm LLP, spoke on behalf of the Rancho Carlsbad Owners Association. Ms. Loftin stated that the Rancho Carlsbad Owners Association is opposed to the General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) as the amendments would have a negative consequence and create a tax liability to the residents of Rancho Carlsbad Country Club Estates. City staff met with representatives of the Rancho Carlsbad Community several times in an attempt to resolve the tax liability issue. A request was made by the Rancho Carlsbad Owners Association for staff to delay City Council consideration of the matter until Ms. Loftin, representing the Association, could receive a determination from the County of San Diego Assessor concerning the impact of the land use changes on the Association's property taxes. Staff received subsequent written correspondence dated, July 7, 2010, from The Loftin Firm DEPARTMENT CONTACT: Greg Fisher 760-602-4629 Greq.Fisher@carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED % CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D Page 2 LLP (Exhibit "2"), indicating that the Rancho Carlsbad Association, Inc., no longer opposes the Resolution of Intention to redesignate and rezone the subject property to Open Space (OS). FISCAL IMPACT: The only fiscal impact to the City due to this proposal is the allocation of staff time for research and report preparation. ENVIRONMENTAL IMPACT: 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. EXHIBITS: 1. City Council Resolution No. 2010-252 2. Letter from The Loftin Firm, LLP, dated July 7, 2010 3. Location Map 4. Planning Commission Resolution No. 6679 dated March 3, 2010 5. Planning Commission Staff Report dated March 3, 2010 6. Approved Planning Commission Minutes dated March 3, 2010. EXHIBIT 1 1 RESOLUTION NO. 2010-252 2 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING THE 3 PLANNING DIRECTOR TO INITIATE A GENERAL PLAN AMENDMENT AND ZONE CHANGE, FROM RLM AND RMHP 4 RESPECTIVELY, TO OPEN SPACE FOR A 3.49 ACRE PARCEL (LOT 3 OF CT 09-01) KNOWN AS THE RANCHO CARLSBAD 5 OPTION PARCEL. CASE NAME: RANCHO CARLSBAD OPTION PARCEL 6 CASE NO.: ROI09-01 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 9 Commission did, on March 3, 2010, hold a duly noticed public hearing as prescribed by law and 10 adopted a Resolution of Intention recommending that the City of Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel.14 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 16 the City of Carlsbad as follows: 17 1. That the above recitations are true and correct. 18 2. That pursuant to Section 65350 of the California Government Code and 19 Chapter 21.52 of the Carlsbad Municipal Code, the City Council of the City of Carlsbad hereby directs the Planning Director to initiate preparation of a General Plan Amendment and Zone 20 Change, from RLM and RMHP respectively, to Open Space (OS) for a 3.49 acre parcel (Lot 3 of CT 09-01) known as the Rancho Carlsbad Option Parcel as shown on Exhibit "A" attached 21 hereto; and 22 3. That the Planning Director is hereby directed to prepare said General Plan Amendment and Zone Change and after the appropriate time set the matter for public 23 hearing before the Planning Commission and City Council. 24 /// 25 /// 26 /// 27 /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of November, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Blackburn. NOES: None. ABSENT: Council Member Hall. CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE^lVn/VOOD, City Clerk (SEAL) Exhibit A ROI 09-01 Rancho Carlsbad Option Parcel Rancho Carlsbad Mobte Home Park Zoning Rancho Carlsbad Moble Home Park General Plan 'J EXHIBIT 2 The Loftin Firm LLP Carlsbad Location 5760 Fleet Street, Ste. 110 Carlsbad, California 92008 Tel: 760.431.2111 Fax: 760.431.2003 Respond to Carlsbad, CA Location www.Ioftinfirm.com sloftin@loftinfirm.com Via U.S. Mail Tennessee Location 407Main Street, Ste. 205 Franklin, Tennessee 37064 Tel: 615.567.6722 Fax: 615.567.6723 Client/Matter NumbenOlO Attorneys at Law CITY OF CARLSBAD JUL 1 6 2010 Community & Economic Development Department July 7, 2010 Don Neu Greg Fisher Planning Department, City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: PROJECT NAME: Rancho Carlsbad Option Parcel PROJECT NUMBER: ROI 09-01 Correspondence from San Diego County Assessor's Office Dear Mr. Neu and Mr. Fisher: The San Diego County Assessor's Office confirmed on June 28, 2010 via written correspondence (the "Assessor's Correspondence") attached hereto as Exhibit "1" that there will be no reassessment for property tax purposes as a result of the transfer of the Brookfield properties to Rancho Carlsbad Owners Association, Inc. The Assessor's Correspondence further confirmed that zoning of the PA 22 portion of the Brookfield property to "Open Space" rather than MHP will not result in a taxable event. The concern which arose upon receipt of this correspondence was whether or not the properties ALL had to be transferred at the same time. The answer was no the properties do not have to be transferred at the same time. See, attached hereto as Exhibit "2" the email confirmation regarding this issue. Based upon the correspondence and electronic communications referenced above, Rancho Carlsbad Owners Association, Inc. is satisfied that it can proceed with the transfer of the Brookfield properties and will not oppose the Planning Department's request to change the zoning to Open Space rather than leaving it as MHP. Thank you for allowing the time to resolve these critical tax issues for the Association and its Members. As you are aware, this is a community which provides an affordable and alternative lifestyle choice for the senior population in Carlsbad. THE LOFTIN FIRM LLP Don Neu & Greg Fisher July 7, 2010 Page 2 of2 If you have any questions regarding this correspondence, please contact me. If you have any questions regarding the correspondence from the County, please feel free to contact Jeff Olson (His contact information is located on Exhibit 1 to this correspondence.) cc: Client Honorable Chair and Commissioners, Carlsbad Planning Commission. Jane Mobaldi, Assistant City Attorney, City of Carlsbad Jeffery Olson, Division Chief, Assessment Services, County of San Diego Adam Pevney, Assistant Vice President, Brookfield Homes Ends. Exhibit 1: Correspondence from the County of San Diego, June 28, 2010 Exhibit 2: Electronic Communication from the County of San Diego M:\Rancho CarlsbadYBrookfield Homes AgreementsVLtr to Don Neu- GregFisher.City.Zone. 7-6-10.doc: COUNTY OF SAN DIEGO DAVID L. BUTLER ASSESSOR/RECORDER/COUNTY CLERK www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY. SUITE 260 P.O. BOX 121750. SAN DIEGO, CA 92112-1750 (619)237-0502 • FAX (619)557-4155 ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, SUITE 103 SAN DIEGO, CA 92101-2480 (619)236-3771 • FAX (619) 557-4056 June 28, 2010 Sue Loftin The Loftin Firm Sent via Email: SLoftin@loftinfirm.com Re: Rancho Carlsbad Dear Ms. Loftin: This letter is in response to your inquiry into the reassessibility of a proposed land swap at Rancho Carlsbad. According to the information provided by you, Rancho Carlsbad is losing approximately 11.6 acres of land in order to facilitate improvements to College Boulevard in the City of Carlsbad. This land is currently being used as RV storage for the residents of Rancho Carlsbad and is included in the RCOA "common area". For property tax purposes the value of common area is included in the property assessment on the individual home sites within Rancho Carlsbad. In exchange Rancho Carlsbad is receiving approximately 11.3 acres where a replacement RV storage area in currently being constructed. This property will be annexed to the RCOA as common area and will be subject to an open space easement in favor of the City of Carlsbad. You have questioned if this land exchange would constitute a change in ownership on the subject land and result in increased property tax. A physical review of the property and a review of your documentation was conducted by Mark Miller, Realty Division Chief of the Assessor's San Marcos Branch Office on June 24,2010. Based on his findings the proposed land exchange would be considered like for like and therefore would not result in a reassessment for property tax purposes. If you have any further questions please call Mark Miller at 760-940-6812. Sincerely, Jeff Olson Division Chief Assessment Services cc: Mark Miller rage i ui i Sue Loftin From: Sue Loftin Sent: Monday, June 28, 20104:37 PM To: 'Olson, Jeffrey' Cc: Miller, Mark R; Barbara Bevis; 'Bill Arnold'; Russ Kohl; Jim Waltrip Subject: RE: Rho Carlsbad Thank you for the follow up phone call, Jeff and for the confirmation that you and Mark understand that this "swap" process is happening in pieces such that RCOA will own Lot 4 for a period of time after pieces of the swap property have been transferred to them. I certainly understood your concern that you be notified prior to any recording of transfer documents to allow you time to follow those documents. This is an unusual matter and on behalf of the Board of the RCOA, thank you for your personal interest in this matter. L. Sue Loftin, Esq. THE LOFTIN FIRM LLP CALIFORNIA LOCATION 5760 Fleet Street, Suite 110 Carlsbad, California 92008 Tel: 760.431.2111 Fax: 760.431.2003 Email: sloftin@loftinfirm.com TENNESSEE LOCATION 407 Main Street, Ste. 205 Franklin, TN 37064 Tel: 615.567.6722 Fax: 615.567.6723 THIS E-MAIL MESSAGE AND ITS CONTENTS ARE LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION THAT IS INTENDED SOLELY FOR THE USE OF THE ADDRESSEE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING OR OTHER USE OF THIS MESSAGE AND ITS CONTENTS IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL MESSAGE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL AT sloftin@loftinfirm.com AND DELETE THE MESSAGE. THANK YOU. Please consider the environment before printing this email. From: Olson, Jeffrey [mailto:Jeffrey.Olson@sdcounty.ca.gov] Sent: Monday, June 28, 2010 4:20 PM To: Sue Loftin Cc: Miller, Mark R Subject: Rho Carlsbad Hi Sue... If you need anything else please let me know. Thanks, Jeff Olson 7/14/2010 EXHIBIT 3 Rancho Carlsbad Mobile Home Park \ NOT TO SCALE SITEMAP Rancho Carlsbad Option Parcel ROI 09-01 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 6679 A RESOLUTION OF THE PLANNING COMMISSION OF THE 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 FACILITIES MANAGEMENT ZONE 14. CASE NAME: RANCHO CARLSBAD OPTION PARCEL 10 CASE NO: ROI 09-01 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 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 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 4-1D 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 Director to consider a General Plan Amendment and Zone Change to the Rancho Carlsbad 27 Option Parcel. 28 1 2 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 the City of Carlsbad hereby RECOMMENDS that the City Council direct the Planning Director to consider a General Plan Amendment and Zone Change 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 the Planning Commission of the City of Carlsbad, held on March 3, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard, and Schumacher FARRAH^TDOUGLAS, UfRnrp-erson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director Exhibit A ROI 09-01 Rancho Carlsbad Option Parcel Rancho Carlsbad Mobte Home Park Zoning Rancho Carlsbad Moble Home Park General Plan \2> Exhibit A ROI 09-01 Rancho Carlsbad Option Parcel Rancho Carlsbad Mobte Home Park Zoning Rancho Carlsbad Mobte Home Park General Plan The City of Carlsbad Planning Department EXHIBIT 5 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. Exhibit A ROI 09-01 Rancho Carlsbad Option Parcel Zoning Rancho Carlsbad Nibble-Home Park General Plan The Loftin Firm LLP Carlsbad Location 5760 Fleet Street, Ste. 110 Carlsbad, California 92008 Tel: 760.431.2111 Fax: 760.431.2003 Respond to Carlsbad, CA Location Tennessee Location 407 Main Street, Ste. 205 Franklin, Tennessee 37064 Tel: 615.567.6722 Fax: 615.567.6723 www.loftinfirm.com Client/Matter NumberOlO sloftin@loftinfirm.com Attorneys at Law Via Email fgreg. fisher(a),carlsbadca.sov) 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 16 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: RECORDING REQUESTED BY The Loftin Firm, LLP 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 AFTER RECORDING MAIL TO: The Loftin Firm, LLP 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 A.P.N. SPACE ABOVE RESERVED FOR RECORDER'S USE The undersigned grantor(s) declares: Documentary transfer tax is $ -0- ( ) Unincorporated area OR (X) City of Carlsbad Computed on the full value of the interest or property conveyed, or is Computed on the full value less the value of liens or encumbrances remaining at time of sale GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, September 27, 1990, CALAVERA HILLS IILLC, a California limited liability company by BROOKFIELD TAMARACK LLC, A Delaware limited liability company ("Grantors"), hereby Grants to: RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation ("Grantee") a GRANT IN FEE, of 1. 5.74 acres and is approximately located as "Parcel 1" and " Parcel 2" on Exhibit "A", collectively the graphic depiction the "RCOA Parcel" more fully described as the real property situated in the City of Carlsbad, County of San Diego, California, specifically described in Exhibit "B". Legal Description, Attached hereto and incorporated herein. The real property conveyed herein is accepted by Grantee subject to the following. a) Covenants, conditions, restrictions, easements, rights and rights-of-way of record, including but not limited to that Declaration of Establishment of Covenant, Conditions and Restrictions of the First Amended and Fully Restated Declaration of Establishment of Covenants, Conditions and Restrictions, which was recorded on June 7, 2005 as Document No. 2005-0478259 and the First Amendment to said document, which was recorded on November 30, 2009 as Document No. 2009-0661867, (collectively, the "Declaration") the Official Records of San Diego County, California, including any and all amendments thereto. b) The use of the real property conveyed herein shall be restricted as Open Space uses as permitted under the City of Carlsbad, Code of Ordinances, Title 21, Section 33.020 as in effect on January 1, 2010 ("Restriction"). Any amendment or restatement of the Declaration shall contain this additional restriction. In the event, there is a conflict Page 1 C:\Documents and Settings\Gfish\Local Settmgs\Temporary Internet Files\Content.Outlook\XUlYCP2X\Grant Deed RCOA FINAL.doc between the Declaration and this Restriction, this Restriction shall control. c) The real property conveyed herein shall be owned by the Grantee for the use and benefit of the Members of Grantee. GRANT OF PEDESTRIAN AND VEHICULAR ACCESS, 2. The Grantors further reserves form Lot 7 of Map No. 15608 and grants to the Grantee a non- exclusive easement for pedestrian and vehicular access appurtenant to the RCOA Parcel. See as depicted on Exhibit "C". attached hereto and incorporated herein. The repair and maintenance of that portion of the easement lying within Lot 7 of Map No. 15608 shall be the sole responsibility of the owner of the RCOA Parcel. The real property conveyed herein by Grantor to Grantee is conveyed and accepted subject to: 1. General, Special and Supplemental Real Property Taxes, and assessments, if any, for the current fiscal year, and 2. All record matters disclosed and described in the Preliminary Title Report of the RCOA Parcel and any off-record matters that are visually apparent and can be seen upon the onsite viewing and inspection of the RCOA Parcel, but excepting financial liens and encumbrances. IN WITNESS WHEREOF, said Grantor has executed this instrument; this instrument is dated for reference purposes as of , but shall become effective as of the date of its recordation in the Official Records of Ventura County. "GRANTORS" CALAVERA HILLS II LLC, a California limited liability company, By: BROOKFIELD TAMARACK LLC, a Delaware limited liability company, Its: Sole Member By: Its: By: Its: Page 2 C:\Documents and Settings\Gfish\Local SettingsYTemporary Internet Files\Content.Outlook\XUl YCP2X\Grant Deed RCOA FINAL.doc EXHIBIT "A" Depiction of Real Property [Inserted] PageS C:\Documents and Settings\Gfish\Local SettingsYTemporary Internet FiIes\Content.Outlook\XUlYCP2X\Grant Deed RCOA FINAL.doc EXHIBIT "B" Legal Description Page 4 C:\Documents and Settings\Gfish\Local Settings\Temporary Internet Fi!es\Content.Outlook\XUl YCP2X\Grant Deed RCOA FINAL.doc EXHIBIT "C" Vehicular and Pedestrian Easement Depiction [Inserted] PageS C:\Documents and Settings\Gfish\Local SettingsYTemporary Internet Files\Content.OutlookVXUl YCP2X\Grant Deed RCOA FINAL.doc STATE OF CALIFORNIA COUNTY OF On _ , before me, _ Notary Public, personally appeared _ . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF On _ , before me, _ Notary Public, personally appeared _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EXHIBIT 6 Planning Commission Minutes March 3,2010 Page 2 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Douglas asked Mr. Neu to introduce the first item. 4. CDP 09-13/SUP 09-05 - GOETZ SEAWALL- A post Emergency Coastal Development Permit approval for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Bivd located on the west side of Carlsbad Blvd and northerly of Cerezo Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 3. Mr. Neu introduced Agenda Item 4 and stated Staff and the applicant are requesting the item be continued to a date uncertain and the project would be re-noticed. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission continue the item to a date uncertain. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas asked Mr. Neu to introduce the next item. 1. 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. Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Greg Fisher would make the staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 1. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson Douglas asked if there were any questions of Staff. Seeing none, she opened public testimony on the item. Chairperson Douglas acknowledged receipt of a letter from Sue Loftin. Planning Commission Minutes March 3,2010 Page 3 Sue Loftin, 5760 Fleet Street #110, Carlsbad, an attorney representing Rancho Carlsbad, requested that the Commission not change the zoning of the property due to the tax implications for the Rancho Carlsbad Home Owner's Association. There is a grant deed which will transfer the property from Brookfield Homes to Rancho Carlsbad and included in the grant deed is a deed restriction for the entire 5.74 acres. She stated she has obtained approval from the tax assessor for the transfer with the property being zoned for mobile homes. That parcel would then be characterized as an amenity parcel for the mobile home park and as such there will be no taxes. She stated she would be willing to add language to the grant deed that the deed restrictions could not be changed without approval of the City Council. Ms. Loftin stated that the home owner's association does not currently pay taxes on those parcels designated as amenity parcels. Those parcels are also zoned for mobile home parks. She requested that the Commission consider leaving this parcel the same. Brookfield, as the granting entity, has agreed to the deed restrictions and the language in the grant deed. Chairperson Douglas asked if there were any questions. Commissioner Baker stated she is very confused regarding the tax issue and asked Ms. Loftin for further clarification. Ms. Loftin stated that in a condominium project, if everything is included, the common areas are not taxed. If an open space designation is placed on the common area, then it would become a separate and distinct parcel from the overall condominium plan. As such, it is subject to being taxed. Commissioner Baker stated it does not make sense and would like the item continued so more information could be provided. Chairperson Douglas asked Jane Mobaldi, Assistant City Attorney, for clarification. Ms. Mobaldi stated that to her knowledge, there will be a change of ownership which will trigger a reassessment of the property. Typically the assessment is based on how the property is zoned. She suggested that Ms. Loftin get documentation from the assessor's office validating her points. Ms. Mobaldi asked if the parcel was currently part of the condominium plan. Ms. Loftin stated the parcel was not part of the condominium plan and they would be filing for an amendment to the plan. Part of the deed restrictions in the current deed, incorporate the property as well as all of the operating documents and restrictions. Ms. Mobaldi stated that typically the City is interested in having the zoning and general plan designation reflect what is actually happening with the property. She further stated that there was representation at a previous Planning Commission meeting from the Rancho Carlsbad HOA that there will not be any use other than open space on this parcel. Because of that, the City wanted to ensure that the zoning and general plan designation accurately reflect the uses. Ms. Loftin stated that it was correctly represented that the use would be open space for trails, picnicking, etc. In addition, the HOA is looking at converting the project into a solar energy residential project. The logical location for the solar panels would be on part of that property. Ms. Loftin stated that because Rancho Carlsbad is a mobile home park, there are different exceptions with regards to how the property is taxed. She further requested a continuance of the item so that she could provide further documentation that would validate her points. Commissioner L'Heureux asked if he could see a copy of the proposed deed, and stated he is concerned with Ms. Loftin's statement regarding an intention to build solar collectors on the site. The implication might be that there is some active use on the property in conjunction with the solar collectors, which is not what the Commission has in mind. Ms. Loftin stated that the intention is to not have any additional residential uses on the property, and she has provided Staff with a copy of the proposed deed. The intention for the solar panels is to service the existing 504 units within the park and the common area. Commissioner L'Heureux asked Mr. Neu if any Planning Commission or City Council approvals would be necessary for solar farm to be placed on the property. Mr. Neu stated it may just be the issuance of a building permit. Staff has looked at the zoning designation and the types of uses which are considered to be accessory uses. In this case, unless the parcel is made to be part of the larger mobile home park, it would become a problem. Mr. Neu further stated that based on Ms. Loftin's comments, the condominium plan would be amended to include this parcel. The areas of the park which are common areas could change over time. He commented that it seems that the solar use would become a supporting use.for the residential areas of the park. Commissioner L'Heureux asked if solar panels could be placed on the parcel if it were zoned as open space. Mr. Neu responded that it could be. There are references in the Planning Commission Minutes March 3,2010 Page 4 zone about types of facilities similar to different equipment, for example, pool facility equipment can be placed on property zoned open space. Commissioner Nygaard stated that Staff should look at the Open Space regulations to see if solar facilities should be included. Commissioner Schumacher asked if the boundaries of the condominium plan would be expanded to include this parcel so as not pay property taxes, Ms. Loftin stated yes. Commissioner Schumacher asked if this was simply a mechanism to avoid property tax. Ms. Loftin stated the total property involved in the transfer is 5.75 acres. There are currently different parcels within the park, such as the tennis court parcel, the RV and garden facilities, which the HOA does not pay property taxes on. The HOA's request to keep the parcel as it is currently zoned, is in part a way to maintain the affordabiltty of the housing by not incurring additional taxes for something that is going to be open space and which will not add value to the overall park. The deed encompasses more property than what is before the Commission tonight. Commissioner Baker asked if Rancho Carlsbad purchased the property or if it was given to them by Brookfield Homes. Ms. Loftin stated there was no purchase price. It was part of the settlement document in exchange for other considerations. Commissioner Baker asked what the other considerations were. Ms, Loftin stated it was related to the development of the adjacent property. Commissioner Montgomery commented that the Commission brought this item forward because of the previously approved project adjacent to this parcel. At that time, it appeared that indirectly there would be the transfer of property to Rancho Carlsbad for possibly their support of that project. This item tonight was brought forward so that there would be a definite division between that decision and this transfer of property. Commissioner L'Heureux asked if Ms. Loftin could provide the approximate amount of taxes that would be assessed on this parcel if it is zoned open space. Ms, Loftin responded that she has been told it will be approximately 1% of $1.2 million. Barbara Bevis, 3431 Don Alberto, Carlsbad, president of the Rancho Carlsbad Home Owner's Association, stated she would be available to answer any questions. Chairperson Douglas asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony on the item. Chairperson Douglas asked Staff to respond to the issues raised during public testimony. Mr. Fisher clarified that at the previous hearing regarding Robertson Ranch Planning Area 22, the lot size for the option parcel was 5.7 acres. With the expansion of the adjacent lot, 2.21 acres was annexed into Planning Area 22, leaving the option parcel at 3.49 acres. Mr. Neu added that in reviewing this project, Staff reviewed the Robertson Ranch Master Plan and the Local Facilities Plan, and it is noted that when the Master Plan was being developed and the property was under a single ownership, the units were transferred off this property and placed in the Robertson Ranch Master Plan. In terms of the Commission's request to consider the zone change, Staff felt one of the supporting facts is that the units have been removed, so to reflect that parcel as open space on the City's Zoning Maps more accurately reflects there is not potential for any residential development associated with the parcel. Commissioner Dominguez asked Ms. Mobaldi if it would be considered an improvement which would trigger some assessments jf the HOA has some designated use for the property such as solar panels or ancillary equipment for facilities within the park. Ms. Mobaldi stated that typically whenever there is construction there is a reassessment based on the improvements. She stated she is not familiar with what Ms. Loftin has presented. Ms. Mobaldi further stated that if the Commission acts on this item Planning Commission Minutes March 3,2010 Page 5 tonight, it will be forwarded to the City Council. If it is a recommendation to move forward with the project, Ms. Loftin could provide the supplemental information to the City Council. Commissioner Montgomery recommended that City use its resources to establish what the assessor's office would do in a situation such as this as well as to discuss the viability of the HOA absorbing this parcel into the existing condominium plan. Ms. Mobaldi stated there are prerequisites with this item: one is the issue of the amendment to the condominium plan; the other is if the solar panels would be allowed with the open space zone. The Commission is not obligated to make a decision based on saving someone from paying property taxes. Commission Montgomery asked if the open space zoning designation would allow the construction of different types of facilities. Mr. Neu stated that the action before the Commission tonight is to ask the City Council if they would like Staff to return with the analysis of many of the questions asked tonight, prepare additional studies, perform the environmental review as to whether it is appropriate to change the use or not. Mr. Neu further that stated that with either a positive or negative result of the vote, the item would be forwarded to the City Council. The Council would ultimately decide whether or not Staff moves forward! If the Council votes to approve the item, Staff would then return to the Planning Commission with the proposal. DISCUSSION Commissioner Montgomery stated he is in favor of sending the item onto the City Council. Commissioner Schumacher stated his concurrence. Commissioner Baker stated she agrees with her fellow Commissioners. The Commission, intended to have the zoning and general plan designations for the property reflect its intended use. Rancho Carlsbad did not want residences built on the parcel, did not want a senior facility, and did not want Cannon Road closer to the park. She feels that if the intention for the parcel is for open space, it ought to be designated as such. Commissioner Dominguez also stated his agreement with his fellow Commissioners. He stated that at the previous meeting, Rancho Carlsbad was in agreement with changing the zoning to open space. Commissioner Nygaard stated she agrees that the item should move forward to the City Council, Commissioner L'Heureux also stated his concurrence. Chairperson Douglas stated she feels that the Commission is not aware of all the issues regarding this item. Ms. Mobaldi clarified that Ms. Loftin can get the additional information before the item is heard by the City Council. The City Council may or may not direct Staff to perform the analysis and review of the proposal, which will come before both the Planning Commission and City Council. Tonight's Planning Commission action is not a Final action. Planning Commission Minutes March 3,2010 Page 6 MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, 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. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. Chairperson Douglas acknowledged Boy Scout Troop 732 of Carlsbad. 2. CUP 09-04 - SQUIRES DAM COMMUNICATION SITE - Request for approval of a Conditional Use Permit to allow the approval of a Wireless Communication Facility consisting of eight (8) digital dish antennas, three (3) omni-directional antennas, and 24 panel antennas located on a 150 foot tall lattice tower north of Squires Dam in the OS (Open Space) Zone and in Local Facilities Management Zone 15. Mr. Neu introduced Agenda Item 2 and stated Planning Technician Chris Sexton would make the staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 2. Ms. Sexton gave a brief presentation and stated she would be available to answer any questions. Chairperson Douglas asked if there were any questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. John Bitterly, representing Verizon Wireless, gave a brief presentation and stated he would be available to answer any questions. Chairperson Douglas asked if there were any questions of the applicant. Commissioner Baker inquired as to when the tower was constructed and when the adjacent homes were built. Mr. Bitterly stated the tower was originally approved in 1987; however, he is unsure as to date of construction for the homes. Commissioner L'Heureux asked what would happen to the everyday cell phone user if the tower were to go away. Mr. Bitterly stated trie tower serves quite a large area because of its height. The main reason for the tower and the tower height is for the interconnect dish antennas, which are line of sight antennas that use very low power waves, and they are pointed directly at other dish antennas on other facilities sometimes as far as 20 miles away. It matches up with 5 other sites within the city as well goes out to other sites in the surrounding areas. If the tower were to go away, it would not just be a question of losing the cell phone coverage but the whole backbone of the interconnect antennas would be severely compromised. Commissioner L'Heureux asked if that meant most cell phones would not work in the area. 31 Rancho Carlsbad Option Parcel Resolution of Intention November 9, 2010 Greg Fisher, Assistant Planner Location Map 0 300 600 Feet ROI 09-01 Rancho Carlsbad Option Parcel Background December 16,2009: Planning Commission recommended that the Planning Director place on a future agenda a Resolution of Intention to consider a GPA andZCtoOpenSpacefora3.49 acre parcelknownastheRanchoCarlsbadOptionParcel. March 3,2010: Planning Commission adopted PC Resolution No.6679 approving the Resolution of IntentionrecommendingthattheCityCouncildirectthePlanningDirectortoconsidertheamendments. Rancho Carlsbad Option Parcel Existing General Plan & Zoning Designations RMHP Proposed General Plan & Zoning Designations os os Summary Proposed amendments to designate the property as Open Space to reflect the actual land use would ensure that the Option Parcel remains undeveloped as desired by Rancho Carlsbad Estates and as represented to the Planning Commission. Recommendation Adopt Resolution No.2010-252 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)for a 3.49 acre parcel known as the Rancho Carlsbad Option Parcel.