HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 4032I/ 0 0
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PLANNING COMMISSION RESOLUTION NO. 4032
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE CONVERSION OF A RESIDENTIAL
MOBILEHOME PARK AND ISSUANCE OF RESIDENTIAL
GENERALLY LOCATED ON THE NORTH SIDE OF EL
CAMINO REAL AT RANCHO CARLSBAD DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK
MOBILEHOME PARK PERMIT RMHP 96-01 ON PROPERTY
CASE NO.: RMHP 96-01
WHEREAS, Carlsbad Resident Association, Inc., “Developer”, has fi
verified application with the City of Carlsbad regarding property owned by Carlsbad Re5
Association, Inc., Carlsberg Rancho, LTD, Brookdale Terrace Building Company,
Oak Shadows Building Company, “Owner”, described as
A portion of Lot “B” and Lot “E” of Rancho, Agua Hedionda,
in the City of Carlsbad, County of San Diego, State of
California, per map thereof No. 823, filed in the office of the
County Recorder of said county, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Residc
Mobilehome Park Permit as shown on Exhibits “A” - “2” dated December 18, 1996, on f
the Planning Department, RMHP 96-01, Rancho Carlsbad Mobilehome Park as providl
Chapter 21.37 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of persons desiring to be heard, said Commission considered all fa
relating to the Residential Mobilehome Park Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That as provided for in Section 21.37.030 of the Carlsbad Municipal 1
the Planning Commission must recommend and City Council must ap
the exemption to the development standards for the conversion of ex
mobilehome parks providing that the mobilehome park shall rt
substantially in conformance with the existing facility. The Pla~
Commission finds that Rancho Carlsbad Mobilehome Park will re
substantially in conformance with the existing facility and recomn
approval of the development standards exemption.
C) That based on the evidence presented at the public hearing, the Comm
RECOMMENDS APPROVAL of the conversion of a Resid1
Mobilehome Park and issuance of Residential Mobilehome Park P
RMHP 96-01, based on the following findings and subject to the follc
conditions:
Findings:
1. That the Planning Director has determined that the conversion of an exi
mobilehome park to condominium ownership is exempt fiom the requirements (
California Environmental Quality Act (CEQA) per Section 21080.8 of the state P
Resource Code (CEQA) and will not have any adverse significant impact 01
environment.
2. The Planning Commission finds that the project, as conditioned herein for compl
with residential mobilehome park zoning and in conformance with Exhibits ‘
“Z”, is in conformance with the Elements of the City’s General Plan, based o
following:
a. Land Use - The Rancho Carlsbad Mobilehome Park existed in the Cj
Carlsbad prior to the establishment of the Carlsbad Growth Manage
Plan. The densities of the park were incorporated into the Zone 15 L
Facilities Management Plan, and all necessary facilities and services to I
the existing park are in place. At 6.22 dwelling units per acre, the
designated parcels are slightly above the growth control point of 6 du/a
the property, but within the General Plan density range of 4 to 8 d
Additionally, the RLM designated parcel at zero dwelling units per a(
well below the growth control point of 3.2 du/ac for the property.
project contains 504 total mobilehome spaces which is below the 540
mobilehome spaces permitted on the site under the General
Therefore, at 504 spaces, the project is 36 units below the Gr
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Management dwelling unit allowance for the project and is consistent
the allowed density and land use designations of the General Plan.
b. Circulation - As required in the Carlsbad General Plan, the applican
agreed to dedicate College Boulevard where the roadway traverse
project site. College Boulevard is designated as a major arterial i
General Plan. Major arterials are designed with a 102-foot right-ol
with a raised median. The dedication of College Boulevard right-of-wa
condition of project approval.
c. Housing - Consistent with the mobilehome park conversion objectives (
Housing Element (Programs 1.2 and 1.3), the conversion of the mobile
park to condominium ownership will not result in the displaceme
existing residents, in that all residents will have the option of continui
rent their spaces under existing leases, or rental agreements, or unde1
leases to be offered by the park owner. As indicated in the required TI
Impact Report (TIR), the Rancho Carlsbad Mobilehome Park is not
closed, and its residents are not being asked to vacate the property; rf
residents are being offered the choice of acquiring fee title of their indiv
spaces, or continuing to rent their spaces under substantially the same 1
as they have in the past.
Although it has been determined that Chapter 21.85 (Inclusionary Ho
Ordinance) does not apply to the conversion of an existing mobilehome 1
approximately 65 of the 504 spaces (or 112.9%) of the spaces wi
rented/owned by existing lower income residents. State and local fina
assistance may be obtained to assist the existing residents of the 65 spat
rent/buy their space as an affordable space.
3. The project is consistent with the City’s General Plan since the proposed density ol
ddacre of the RM designated portion of the site is within the density range of 4
ddacre specified for the site as indicated on the Land Use Element of the General
and the project at 504 dwelling units is 36 dwelling units below the Gr
Management Dwelling unit allowance of 540 dwelling units for the property
17.93 acres of the site is designated for RLM densities (0-4 du/ac) and has
developed with recreational and RV storage facilities to serve the mobilehome
instead of units, the project will not exceed the dlwelling unit allowance fo
project.
4. That the street system serving the proposed project is adequate to properly hand
traffic generated by the existing use, in that the approximately 1,512 ADT gene
by the project are existing trips, which currently are adequately handled b;
existing circulation system.
...
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5. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan and all City public facility policie
ordinances since:
a. The project has been conditioned to ensure the building permits will not be j
for the project unless the District Engineer determines that sewer serv
available, and building cannot occur within the project unless sewer sc
remains available, and the District Engineer is satisfied that the requireme
the Public Facilities Element of the General Plan have been met insofar a:
apply to sewer service for this project.
b. All necessary public improvements have been provided or are requirl
conditions of approval.
c. The Developer has agreed and is required by the inclusion of an appro
condition to pay a public facilities fee. Performance of that contract and pa;
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee, 01
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursui
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
project has been conditioned to comply with any requirement approved as part (
Local Facilities Management Plan for Zone 15.
7. This project has been conditioned to comply with any requirement approved as part
Local Facilities Management Plan for Zone 15.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fc
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applicant
record a notice concerning aircraft overflight, siglht and sound. The projl
compatible with the projected noise levels of the CLUP; and, based on the noise/lar
compatibility matrix of the CLUP, the proposed land use is compatible with the airpl
that the project is located outside of the 60 dBA CNEL for the airport.
9. The Planning Commission has reviewed each of the exactions imposed on the Devc
contained in this resolution, and hereby finds, in this case, that the exactions are im
to mitigate impacts cause by or reasonably related to the project, and the extent ar
degree of the exaction is in rough proportionality to the impact caused by the project.
10. That the notice required by California Civil Code Section 798.56(f) has been made c
be given in that as evidenced by letters dated September 28, 1995, the applicar
provided notice to residents of the proposed conversion pursuant to California
Code Section 798.56a(i). Copies of the certified mailing list are on file i
Planning Department.
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11. Each of the tenants of the proposed condominium development has been or will be
notice of exclusive right to contract for the purchase of their respective site upon the
terms and conditions that such site will be initially offered to the general public, or
more favorable to the tenant. The right shall run for a period of not less than 18(
from the date of subdivision issuance of public report as provided for in Section 1 1
of the Business and Professional Code in that as provided for in the Tenant 11
Report for Rancho Carlsbad Country Club Estates, dated February 20, 199t
Exhibit “X”) each tenant will be given notice of exclusive right to contract fa
purchase of their respective site upon the same terms and conditions that suc
will be initially offered to the general public or terms.more favorable to the te
The right shall run for a period of not less than 180 days commencing o
issuance and delivery of the Final Public Report by the Department of Real E
during which the resident shall have the exclusive right to decide wheth
purchase a condominium interest or whether to continue to rent his or her spac
12. Pursuant to Section 21.37.120(9 of the Carlsbad Municipal Code, CC&Rs v).
prepared and submitted for review and approval by the Planning Director.
13. That the Rancho Carlsbad Mobilehome Park does not comply with the develop
standards of Chapter 21.37 of the Carlsbad Municipal Code, however, as pro’
for in Section 21.37.030 of the Carlsbad Municipal Code, the Planning Commi
must recommend and City Council must approve the waiver of the develop
standards for the conversion of existing mobilehome parks providing tha
mobilehome park shall remain substantially in conformance with the exj
facility. The Planning Commission finds that Rancho Carlsbad Mobilehome
will remain substantially in conformance with the existing facility.
14. That the proposed conversion to condominium ownership will not adversely in
either the Rancho Carlsbad residents or the City.
15. That improvements proposed in the Master Drainage Plan will reduce floc
impacts and improve drainage to the mobilehome park. Portions of the Ra
Carlsbad Mobilehome Park are located within the 100 year floodplain as idenl
by the Federal Emergency Act (FEW). As provided in the Subdivision Map
the City is authorized to require any improvements necessary to mitigate exi
health and safety conditions. Because health and safety conditions exist (flooc
mitigation of the flooding impacts has been required as a condition of pr
approval. To facilitate the mitigation of flooding impacts, the City has agre
include the site into the Master Drainage Plan and the applicants have agreed I
contribution of monies estimated to be $318,000.00 over a 10 year perioc
addition, the applicant has agreed to provide easement dedications for :
Calavera Creek and Agua Hedionda Creek drainage channels to permit the Ci
mitigate flooding and drainage impacts pursuant to the Master Drainage I
These improvements will benefit the owners of the mobilehome park by red1
flooding impacts and improving drainage to the park.
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Planning Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL o
Residential Mobilehome Park Permit for the project entitled Rancho Car
Mobilehome Park Exhibits “A” - “Z” dated December 18,1996, on file in the Pla
Department and incorporated by this reference, subject to the conditions herein set
The Planning Commission rescinds CUP 48 effective upon approval of the I-
map. Staff is authorized and directed to make, or require Developer to mak
corrections and modifications to the RMHP permit document(s), as necessary, to
them internally consistent and in conformity with final action on the pr
Development shall occur substantially as shown in the approved Exhibits. Any pro
development substantially different from this approval, shall require an amendmc
this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy t
Site Plan as approved by the final decision making body. The Site Plan shall reflel
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. Building permits will not be issued for development of the subject property unle:
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on Ju:
1987, (amended July 2, 1991) and as amended fi-om time to time, and any develop
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Munj
Code or other ordinance adopted to implement a growth management system or Facj
and Improvement Plan and to fulfill the subdivider‘s agreement to pay the p
facilities fee dated April 23, 1996, a copy of which is on file with the City Clerk a
incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
6. This project shall comply with all conditions and mitigalion measures which are req
as part of the Zone 15 Local Facilities Management Plan and any amendments ma
that Plan prior to the issuance of building permits.
7. If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this residc
mobilehome park project are challenged this approval shall be suspended as provid
Government Code Section 66020. If any such condition is determined to be invalic
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
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8. Approval of RMHP 96-01 is granted subject to the approval of ZC 96-04 and MS 5
RMHP 96-01 is subject to all conditions contained in MS 96-08 for the Tentative I
Map.
9. The Rancho Carlsbad Mobilehome Park was first approved under CUP 48. R
96-01 hereby rescinds CUP 48 and the conditions of Resolution No. 4032 supe
the conditions CUP 48.
10. The Developer shall establish a homeowner’s association and corresponding cove.
conditions and restrictions. Said CC&Rs shall be submitted to and approved E
Planning Director prior to final map approval. Prior to issuance of a building pem
Developer shall provide the Planning Department with a recorded copy of the o
CC&Rs that have been approved by the Department of Real Estate and the Pla
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but nc
obligation, to enforce those Protective Covenants set forth in this Declarati
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. I
event that the Association fails to maintain the “Common Area Lots and(
Association’s Easements” as provided in Article -, Section - the City
have the right, but not the duty, to perform the necessary maintenance. If the
elects to perform such maintenance, the City shall give written notice tc
Association, with a copy thereof to the Owners in the Project, setting forth
particularity the maintenance which the City finds to be required and reque
the same be carried out by the Association within a period of thirty (30) days
the giving of such notice. In the event that the Association fails to carry out
maintenance of the Common Area Lots andor Association’s Easements v
the period specified by the City’s notice, the City shall be entitled to cause
work to be completed and shall be entitled to reimbursement with respect tk
from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has performe
necessary maintenance to either Common Area Lots and/or Associat
Easements, the City shall submit a written invoice to the Association for all
incurred by the City to perform such maintenance of the Common Area Lot
or Association’s Easements. The City shall provide a copy of such invoi
each Owner in the Project, together with a statement that if the Association fa
pay such invoice in full within the time specified, the City will pursue colle
against the Owners in the Project pursuant to the provisions of this Section.
invoice shall be due and payable by the Association within twenty (20) d?
receipt by the Association. If the Association shall fail to pay such invoice ir
within the period specified, payment shall be deemed delinquent and sha
subject to a late charge in an amount equal to six percent (6%) of the amou
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the invoice. Thereafter the City may pursue collection from the Associati
means of any remedies available at law or in equity. Without limitin
generality of the foregoing, in addition to all other rights and remedies avs
to the City, the City may levy a special assessment against the Owners of ea(
in the Project for an equal prorata share of the invoice, plus the late charge.
special assessment shall constitute a charge on the land and shall be a conti
lien upon each Lot against which the special assessment is levied. Each Ow
the Project hereby vests the City with the right and power to levy such SI
assessment, to impose a lien upon their respective Lot and to bring all
actions andor to pursue lien foreclosure procedures against any Owe
hisher respective Lot for purposes of collecting such special assessme
accordance with the procedures set forth in Article of this Declaration.
11. The CC&Rs for the Ranch Carlsbad Mobilehome Park shall include lanl
stating that the fire hydrant system within the park will be tested annually as s
in the National Fire Protection Act (NFPA ) 25 and Uniform Fire Code and a te
report sent to the Carlsbad Fire Department each year.
12. Prior to the issuance of the Parcel Map, Developer shall submit to the City a Notj
Restriction to be filed in the office of the County Recorder, subject to the satisfacti
the Planning Director, notifying all interested parties and successors in interest thi
City of Carlsbad has issued a(n) Residential Mobilehome Park Permit by Resol
No. 4032 on the real property owned by the Developer. Said Notice of Restriction
note the property description, location of the file containing complete project detail:
all conditions of approval as well as any conditions or restrictions specified for inch
in the Notice of Restriction. The Planning Director has the authority to execute
record an amendment to the notice which modifies or terminates said notice up
showing of good cause by the Developer or successor in interest.
13. No outdoor storage of materials shall occur onsite unless required by the Fire Chie
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
14. The Developer shall display a current Zoning and Land Use Map in the sales office :
times, or suitable alternative to the satisfaction of the Planning Director.
15. All sales maps that are distributed or made available to the public shall include but n
limited to trails, fbture and existing schools, parks and streets.
16. This project is being approved for condominium residential mobilehome ownershi]
any of the spaces in the project are rented, the minimum time increment for such r
shall be not less than 26 days. The CC&Rs for the project shall include this requirem
17. Prior to the recordation of the Parcel map or the issuance of building permits, whicl
occurs first, the Developer shall prepare and record a Notice that this property is su
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, I
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form meeting the approval of the Planning Director and the City Attorney (see
Form #2 on file in the Planning Department).
18. Prior to Parcel Map approval, all enclosures around gas meters, as identifil
Exhibit “BB” shall be removed or gas meters shall be moved out of the encl
such that there is not underground gas piping under any structure, as mr
approved by the Principal Building Inspector.
19. Prior to Parcel Map approval, all Spaces with inadequate building separatic
identified on Exhibit “CC” shall bring the building separation into conforn
with Title 25 requirements.
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8 20. Prior to or concurrent with the City’s scheduled Title 25 inspection, all S
identified on Exhibit “DD” shall bring their carports into conformance with Ti
the Carlsbad Municipal Code).
9 regulations and the development standards of the RMHP Zone (Chapter 21.
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21.
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Prior to or concurrent with the City’s scheduled Title 25 inspection, all SI
identified on Exhibit “EE” shall bring their storage enclosures into conforn
with Title 25 regulations and the RMHP Zone development standards (Ch
21.37 of the Carlsbad Municipal Code).
All mobilehome spaces that contain non-conforming yards as identified on EJ
“FF” shall constitute lawful non-conforming buildings and must comply
Chapter 21.48 (Non-conforming buildings and uses) of the Carlsbad Muni
Code. In all cases where a coach is removed or a coach is moved for any pur
the structures on the Space shall be brought into conformance with the develop
standards of Chapter 21.37 (RMHP) of the Carlsbad Municipal Code.
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, 23. Prior to issuance of building permits for any coach (including permi
foundations) a coach must be in compliance with all standards of Title 25.
24. No grading or building permits (including permanent foundation permits) sha
Permit (SUP) for the entire Rancho Carlsbad Mobilehome Park has been appr
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issued within the Floodplain, as identified on Exhibit “GG”, until a Special
for floodplain development.
22 25. Prior to or concurrent with construction of College Boulevard extension throug!
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College Boulevard. The screening shall be approved by the Planning Director 24
subject property, the homeowners association shall screen the recreational uses
RV storage facility on Lots C and D from adjacent property and as viewed
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include both attractive screen fencing and landscaping.
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26. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the rii
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occul
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatiol
vested rights are gained by Developer or a successor in interest by the City’s appro
this Residential Mobilehome Park Permit.
Standard Code Reminders
27. Approval of this request shall not excuse compliance with all applicable sections (
Zoning Ordinance and all other applicable City ordinances in effect at time of bu:
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 18th day of December 1996,l
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen
Welshons
NOES: None
ABSENT: Commissioners Heineman, Noble and Savary
ABSTAIN: None
d&*.
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
W MICHAEL J. HOLZMIMER
Planning Director
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