HomeMy WebLinkAbout1988-01-06; Planning Commission; Resolution 27081
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PLANNING COMMISSION RESOLUTION NO. 2708
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
RESIDENTIAL MOBILEHOME PARK PERMIT AND WAIVER OF
A TENTATIVE AND FINAL MAP FOR PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD,
WEST OF THE AT&SF RAILROAD, SOUTH OF PALOMAR
AIRPORT ROAD
APPLICANT: SOLAMAR MOBILEHOME ESTATES
CASE NO: RMHP 87-1
WHEREAS, a verified application for certain property to
wit: A portion of Lot H of Rancho Agua Hedionda in the City of
Carlsbad, according to a partition map thereof No. 823, filed
November 16, 1896 has been filed with the City of Carlsbad, and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
' as provided by Title 21 of the Carlsbad Municipal Code; and I
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Tentative Tract Map and Planned Unit Development. 20
1 heard, said Commission considered all factors relating to the 19
all testimony and arguments, if any, of all persons desiring to be 18
WHEREAS, at said hearing, upon hearing and considering 17
law to consider said request; and 16
3anuary, 1988, hold a duly noticed public hearing as prescribed by 15
WHEREAS, the Planning Commission did, on the 6th day of
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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A) That the above recitations are true and correct. 23
Commission of the City.of Carlsbad, as follows:
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B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of RMHP 87-1, based on
the following findings and subject to the following
conditions:
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6 3) 100% of the residents of Solamar Mobilehome Park have
7 ratified the Purchase Contract indicating their desire to
participate in the proposed conversion.
8 4) The mobilehome park will remain substantially the same in
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Findings:
1) The proposed conversion, at a density of 8.6 du/ac, is
consistent with the City's General Plan and LCP designations
of RMH (8-15 du/ac, control point 11.5).
2) The proposed conversion is consistent with the Housing
Element of the General Plan by encouraging opportunities for
moderate income housing in the City of Carlsbad and in the Coastal Zone.
appearance following the conversion because acreage, lot
numbers, sizes, and configuration will remain the same.
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5) The proposed conversion is for an existing mobilehome park
on a single parcel.
6) The proposed subdivision will not result in the economic
displacement of any owners on remaining unpurchased
interests located within the park because a plan has been
submitted which provides for their relocation.
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7) As discussed in the staff report, the proposed project as
conditioned complies with all the requirements of Section
8) The applicant is concurrently processing both a mobilehome l6
6.6428 of the Subdivision Map Act.
9) The proposed project will not increase the demand for 18
park permit and a Certificate of Compliance. 17
public facilities or services because the existing
mobilehome park will remain substantially the same. 19 I
20 IO) The proposed project will not increase residential desities
as mandated by Proposition E and appproved by the voters
remain the same. 21 because the residential density of the mobilehome park will
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Section 15301(k) of CEQA.
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11) The proposed project is exempt from environmental review per
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Conditions
1) Approval is granted for RMHP 87-1, as shown on
Exhibit nA1l, dated January 6, 1988, incorporated by
reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
2) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable
City ordinances in effect at time of building permit
issuance.
3) This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated December 17, 1987,
and the agreement to pay the Growth Management Fee dated
December 17, 1987, copies of which are on file with the
City Clerk and are incorporated by this reference. If the
fees are not paid this application will not be consistent
with the General Plan and approval for this project shall be
void.
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4) Prior to recordation of the Certificate of Compliance,
the applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be Submitted to and approved by the Planning
Director prior to recordation of the Certificate of
Compliance. Said CC&R's shall not be amended without
approval of the City Attorney.
5) A 500' scale mylar of the subdivision shall be submitted to
the Planning Director prior to the recordation of the Certificate of Compliance. Said map shall show all lots and streets within and adjacent to the project.
6) All landscaped areas shall be maintained in a healthy and
. thriving condition, free from weeds, trash, and debris.
7) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Planning Director prior to
installation of such signs.
8) Common trash receptacle areas shall be enclosed by a six-foot
high masonry wall with gates pursuant to City standards.
Location of said receptacles shall be approved by the
Planning Director.
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9) This project is being approved as a condominium permit for
residential homeownership purposes. If any of the units in
the project are rented, the minimum time increment for such
rental shall be not less than 26 days. A condition so
stating this shall be placed in the C.C.&R's for the
project.
IO) The applicant shall comply with the abatement program
attached herewith, as submitted by the Fire Department on
January 6, 1988, regarding non-conformance to development
standards of Title 25 (CAC) and the RMHP Zone as established
and enforced by City's Fire and Building Departments. Copies
of the abatement program shall be placed on file in the
Planning, Building and Fire Departments.
11) All non-conforming structures by reason of inadequate yards
shall be brought into conformance with current development
standards when they are replaced or expanded. No expansion
or repair of any structure that is identified in the
abatement program shall be issued a building permit unless
the structure complies with the abatement program.
12) Prior to issuance of any future building permits, the
applicant shall be required to provide a site plan of his
individual space showing the precise location of the coach
and all accessory structures on the subject site. In
addition, the site plan shall show the precise location of
structures, mobilehomes and accessory structures on the
spaces abutting the subject site. Plans shall indicate a
compliance with the development standards of the RMHP Zone
and also the development standards of Title 25 of the
California Administrative Code if the City has not done a
zone code amendment to provide consistency with
carport/awning standards. The intent of this condition is
to ensure that replacement structures comply with current
development standards.
13) Prior to recordation of the Certificate of Compliance, the
homeowner's association shall offer a life leasehold
agreement to the owners of Spaces 35 and 58 which will allow
them to continue to reside at their current space. Once the
lease expires the two spaces shall be converted to guest
parking. Said lease shall be approved by the City Attorney.
Solamar Mobilehome Estates shall submit annual verification
that the lease is still in effect.
14) A hold harmless agreement regarding the physical condition
of the utility lines shall be submitted to the satisfaction of the City Attorney prior to recordation of the Certificate
of Compliance.
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PC RESO. NO. 2708 -4-
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1 15) The four existing recreational trailers located near the
laundry shall be removed within 120 days after recordation of
the Final Public Report issued by the Department of Real 2 Estate. The area shall be converted to guest parking.
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16) The mobile home park is prohibited from the rental of space
for tents, recreational vehicles,.or trailers as temporary
living quarters.
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17) Approval of RMHP 87-1 is continge'nt upon approval of a
Coastal Development Permit by the California Coastal
Commission or its successor in interest. If said Coastal
Development Permit requires modifications, then approval of
RMHP 87-1 is not valid until the proposed modifications are
approved by the City.
18) No variance applications for any nonconforming structures in
existence at the time this subdivision is approved by the City Council shall be submitted for one year from the
recordation of the Certificate of Compliance because non-
approval of this permit. Any future variances shall show
conformance to the extent feasible to the development standards of the RMHP Zone.
~ conformancies were discussed and acted upon as part of the
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19) All conditions of Tenant Impact Report, dated November 13, 1987, are incorporated herein by reference.
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20) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
21) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for
approval prior to construction. 19 I
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22) In accordance with the abatement program as specified in
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Condition No. 11 above, the mobilehomes on Spaces 33 and 34,
41 and 42 shall be required to install a private fire
protection system to the satisfaction of the Fire
Department.
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23) Within one year from the recordation of the Certificate of
Compliance, a public or private water system capable of
delivering adequate water for fire protection purposes shall
be installed to the satisfaction of the Fire Department.
Prior to recordation of the Certificate of Compliance, the
applicant shall enter into a secured agreement with the City
to guarantee construction of the water system.
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PC RESO. NO. 2708 -5- 11
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 6th day of January, 1988, by the following vote,
to wit:
AYES: Chairman McFadden, Commissioner Hall, Marcus,
Holmes, Schlehuber, Schramm
NOES: None
ABSENT: McBane
ABSTAIN: None
ATTEST:
(&pLw/L '1! b y-9- ' ,f ;/. &'-\:zr<I ,y ,;$ .fiT .,d-/Jr..
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JEMNE McFADDEN, Chairman " CARLSBAD PLANNING COMMISSION
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0 MICHAEL J.wZMIL@
PLANNING DIRECTOR
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PC RES0 NO. 2708 -6-
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MEMORANDUM
DATE : JANUARY 26, 1988
TO : CITY COUNCIL
FROM: PLANNING DEPAR!l!MENT
RMHP 87-1, SOLMAR MOBILE HOME PARK PERMIT CONDITIONS
Planning Commission Resolution No. 2708 Condition No. 23 requires that a water system for fire safety be installed within one year of the recording of the Certificate of Compliance. Condition No.
23 also requires that prior to the recordation of the Certificate, the applicant must enter into a secured agreement guaranteeing said installation.
The Fire Department would like to modify the Condition so as to guarantee installation by an acceptable date certain. Also, it appears that the applicant cannot obtain the necessary securities prior to the recordation of the Certificate, but can do so after the close of escrow.
To comply with the Fire Department's request and to establish a method of guaranteeing installation of the water system that the applicants can accomplish, staff is recommending that Condition
No. 23 be amended to read as follows:
Condition 23
On or before April 1, 1989, a public or private water system
capable of delivering adequate water for fire protection purposes shall be installed to the satisfaction of the Fire Department. Prior to the recordation of the Certificate of
Compliance the applicant shall enter an agreement satisfactory to the City Attorney that within forty-five
(45) days following the recordation of the Certificate of Compliance, the applicant shall post securities acceptable to the City Attorney that guarantee the installation of said water system by the required date.
This condition shall appear on the Certificate of Compliance.
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