HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 4033..
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PLANNING COMMISSION RESOLUTION NO. 4033
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RIECOMMENDING
APPROVAL OF TENTATIVE PARCEL MAP NUMBER MS 96-
08 TO CONVERT A 504 SPACE MOBILEHOME PARK INTO
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF EL CAMINO REAL (WHICH RUNS EAST TO WEST IN
THIS AREA) AT RANCHO CARLSBAD DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK
AN AIRSPACE, RESIDENT-OWNED CONDOMINIUM ON
CASE NO.: MS 96-08
WHEREAS, Carlsbad Resident Association, Inc., “Developer”, has fi
verified application with the City of Carlsbad regarding property owned by Carlsbad Res
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 Tentative 1
Map as shown on Exhibits “A” - “Z” dated December 18, 1996, on file in the Pla
Department Tentative Parcel Map (MS 96-08), as provided by Chapter 20.24 of the Car
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 testi
and arguments, if any, of persons desiring to be heard, said Commission considered all f
relating to the Tentative Parcel Map.
II e e .
WHEREAS, on December 18, 1996, the Planning Commission recommc
approval of, MS 96-08, as described and conditioned in Planning Commission Resolutio
4033.
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 based on the evidence presented at the public hearing, the Commi
RECOMMENDS APPROVAL of Tentative Parcel Map MS 96-08, bas1
the following findings and subject to the following conditions:
Findings:
1. That the Planning Director has determined that the Tentative Parcel Map fo
conversion of a mobilehome park to condominium ownership is exempt fi01
requirements of the California Environmental Quality Act (CEQA) per Section 21
of the state Public Resource Code (CEQA) and will not have any adverse signi
impact on the 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 Mobileholme Park existed in the Ci
Carlsbad prior to the establishment of the Carlsbad Growth Manage
Plan. The densities of the park were incorporated into the Zone 15 1
Facilities Management Plan, and all necessary facilities and services to
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 duh
the property, but within the General Plan density range of 4 to 8 C
Additionally, the RLM designated parcel at zero dwelling units per ac
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
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 G.eneral Plan, the applican
agreed to dedicate College Boulevard where the roadway traverse:
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project site. College Boulevard is designated as a major arterial il
General Plan. Major arterials are designed with a 102-foot right-of
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 t
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 under
leases to be offered by the park owner. As indicated in the required Tc
Impact Report (TIR), the Rancho Carlsbad Mobilehome Park is not 1
closed, and its residents are not being asked to vacate the property; ra
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
approximately 65 of the 504 spaces (or 12.9%) of the spaces wi
rented/owned by existing lower income residents. State and local finr
assistance may be obtained to assist the existing residents of the 65 spac
rent/buy their space as an affordable space.
3. The project is consistent with the City’s General Plan since the proposed density of
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 dwelli.ng units for the property
17.93 acres of the site is designated for RLM densities (0-4 du/ac) and has
developed with no units and contains recreational and RV storage facilities to
the mobilehome park, the project will not exceed the dwelling unit allowance fc
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.
5. The project is consistent with the City-Wide Facilities and Improvements Plan
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 i:
for the project unless the District Engineer determines that sewer sewi
available, and building cannot occur within the project unless sewer se
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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 requirt
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 avE
concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursu:
Chapter 21.90 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) fo
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the appl
shall record a notice concerning aircraft overflight, sight and sound. The proj
compatible with the projected noise levels of the CLUP; and, based on the noise/lan
compatibility matrix of the CLUP, the proposed land use is compatible with the ai
in that the project is located outside of the 60 dBA CNEL for the airport.
9. That the proposed map and the proposed design and improvement of the subdivis
consistent with and satisfies all requirements of the General Plan, any applicable sp
plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision
Act, and will not cause serious public health problems, in that the applicant has of
to dedicate easements and enter into an agreemelnt with the City to contr
monies to mitigate any flood hazard from the Agua Hedionda or Calavera Cret
compliance with the City’s Master Drainage Plan.
10. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
11. That the City Manager is authorized to enter into and sign an agreement wit
applicant to mitigate the flood hazard per the amendment to the Master Dral
Plan, taking into account the following criteria:
a. The immediacy of need;
b. The availability of other funding that can then be reimbursed;
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C. The fiscal viability of the applicant;
d. Significant, upstream development;
e. The cost of construction of the mitigation;
f. The maximum amount of time for contributions is to be ten years fro]
recordation date of the parcel map.
12. 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
13. That MS 96-08 complies with the California State Map Act Section 66428.1(f) F
states, in part, that the number of condominium units or interests created b
conversion shall not determine whether the filing of a tentative parcel and I:
map or tentative and final map shall be required and that the City Engine
therefore, authorized to approve the parcel map.
14. The tentative parcel map is consistent with the provisions of Title 21 and th
approvals and permits required by Title 21 for the project have been given or
been issued.
Planning Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Ten
Parcel Map for the project entitled MS 96-08 Exhibits “A”-“Z” dated Decembe
1996 on file in the Engineering Department and incorporated by this reference, subj
the conditions herein set forth. Staff is authorized and directed to make, or re
Developer to make, all corrections and modifications to the Tentative Tract
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown i
approved Exhibits. Any proposed development substantially different from this app
shall require an amendment to this approval.
2. Approval of MS 96-08 is granted subject to the approvaH of ZC 96-04 and RMHP S
MS 96-01 is subject to all conditions contained in RMHP 96-01 for the Residc
Mobilehome Park Permit.
Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering cond
upon the approval of this proposed minor subdivision must be met prior to appro’
a parcel map.
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The developer shall provide the City with the approved tentative parcel map. Tht
shall be to scale on a reproducible 24" x 36" Xerox mylar or photo mylar. It shall x
the conditions of approval by the City. The reproducible shall be submitted to tht
Engineer, reviewed and signed by the City's project engineer and project planner PI
submittal of the building plans, final map, improvement or grading plans, whic
occurs first.
The net developable acres shall be shown for each parcell.
There shall be one parcel map recorded for this project.
The developer shall provide an acceptable means for maintaining the private easel
within the subdivision and all the private: streets, sidewalks, street lights, storm
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties withi
subdivision. Adequate provision for such maintenance shall be included with the C(
subject to the approval of the City Engineer.
The developer shall defend, indemnify and hold harmless the City and its agents, off
and employees fi-om any claim, action or proceeding against the City or its ai
officers, or employees to attack, set aside, void or null an approval of the Citj
Planning Commission or City Engineer which has been brought against the City P
the time period provided for by Section 66499.37 of the Subdivision Map Act.
The owner shall record a deed restriction on the property which relates to the exi
onsite drainage condition. The deed restriction document shall be in a form accer
to the City Engineer and shall:
a. clearly delineate the limits of the 100 year flood plain;
b. state that the onsite drainage system shall be maintained in perpetuity b
underlying property owner unless accepted in writing by the city; and
c. that all future use of the property within the 100,-year floodplain will not re:
impede, divert or otherwise alter drainage flows in a manner that will res
damage to the underlying and adjacent properties or the creation of a p
nuisance.
The owner of the subject property shall execute an agreement holding the City har~
regarding drainage within the boundaries of this subdivision.
The applicant shall deposit monies, as required by the City Council, to mitl
health and safety issues related to the flood hazards in the mobilehome park.
The applicant shall enter into an agreement with the City to contribute monil
mitigate any flood hazards.
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12. The owner shall make an offer of dedication to the City for all public street
easements described herein or shown on the RMHP / TENTATIVE PARCEL 1
The offer may be made by a separate document or by a certificate on the parce:
for this project. All land so offered shall be granted to the City free and clear of a1
and encumbrances and without cost to the City. Streets that are already public a
required to be rededicated.
Offer of Dedications are: (1) Lake Calavera Creek; (2) Agua Hedionda Creek; (3) Cc
Boulevard; and (4) Construction, access, and slope easements that are part of the i
mentioned easements.
13. A covenant of easement for the benefit of parcel “A” shall be recorded over P
“C” and the remainder parcel for a minimum 20 foot wide future secondary a
to Rancho Carlsbad Mobilehome Park, all to the satisfaction of the City Engine
14. Direct access rights for all lots abutting El Camino Real shall be waived on the I
map.
15. Prior to approval of the Parcel Map the applicant shall receive approval of a 1
Evacuation Plan that addresses the concerns of safety throughout the mobile1
park. The Plan shall be reviewed by Police, Fire andl Engineering Department:
shall be approved by the City Engineer.
16. Notes to the following effect shall be placed on the parcel map as non-mapping data:
a. All existing improvements within the park are private and are to be priv
maintained by the homeowners association. The improvements and pro
located within the areas offered for dedication are to be maintained b]
homeowners association until such offers are accepted by the City an(
maintenance responsibilities therefore are accepted by City Council Action.
b. This subdivision contains a remainder parcel. No building permit shall be i:
for the remainder parcel until it is further subdivided pursuant to the provisio.
Title 20 of the Carlsbad Municipal Code.
c. Building permits will not be issued for developm.ent of the subject property u
the District Engineer determines that sewer facilities are available.
d. The owner of this property on behalf of itself and all of its successors in in1
has agreed to hold harmless and indemnify the City of Carlsbad from any a
that may arise through any damages caused by the drainage system
subsequent damage that may occur on, or adjacent to, this subdivision due t
construction, operation or maintenance.
17. A Special Use Permit is required for further development, alteration or modificz
of any lots or units within the floodplain as shown on exhibit “GG” of f
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conditions.
18. The tentative parcel map approval shall expire twenty-four (24) months from the c
the final decision for tentative map approval.
19. The City Engineer has reviewed each of the exactions imposed on the dev
contained in these conditions of approval, and hereby finds, in this case, th
exactions are imposed to mitigate impacts caused by or reasonably related to the p
and the extent and degree of the exaction is in rough proportionality to the impact (
by the project.
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:
Planning Director
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