Loading...
HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 4033.. 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 0 0 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: PC RES0 NO. 4033 -2- 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 0 @ 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 ~ PC RES0 NO. 4033 -3- 0 e 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; PC RES0 NO. 4033 -4- 0 e 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 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. ... PC RES0 NO. 4033 -5- 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 0 ab 3. 4. 5. 6. 7. 8. 9. 10. I 11. PC R 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. LESO NO. 4033 -6- ll 0 0 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 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 PC RES0 NO. 4033 -7- 0 4b 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 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 ~ ~ PC RES0 NO. 4033 -8-