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Home My WebLink About1997-01-28; City Council; 14026; Rancho Carlsbad Mobilehome Park ConversionCITY OF CARLaBAD -AGENDA BILL AB# 1Y: 026 1 TITLE: I DEPT. HD. I MTG. 1 I28197 RANCH0 CARLSBAD MOBILEHOME PARK ZC 96-041RMHP 96-011MS 96-06 DEPT. CA CITY MGR.a RECOMMENDED ACTION: Adopt Resolution No. 93 * YY , approving RMHP 96-01 and MS 96-08 as recommended for approval by the Planning Commission, and as amended by the City Council; and Adopt Ordinance No. NS-392 approving ZC 96-04. At its meeting of January 21, 1997, the City Council unanimously adopted Resolution No. 97-26 as amended that evening and introduced the ordinance approving the Ranch0 Carlsbad Mobilehome Park conversion. The final documents incorporating the changes made by the City Council are attached for approval. If the Council concurs, its action is to adopt Resolution No. 3’) - q q incorporating the amendments made at its meeting of January 21, 1997, and to adopt Ordinance No. NS-392 approving the application. ENVIRONMENTAL REVIEW: The proposed conversion of a rental mobilehome park to condominium ownership will not result in an expansion of, nor change in the existing use of the mobilehome park. The Planning Director has determined that the zone change is exempt from environmental review pursuant to Section 15061 (b)(3) of the California Public Resource Code (CEQA) and that the Residential Mobilehome Park Permit and Tentative Parcel Map are exempt from environmental review pursuant to Section 21080.8 of the California Public Resoiurce Code (CEQA), which exempts mobilehome park conversions from the requirements of CEQA. The Planning Director issued a Notice of Exemption dated November 21, 1996, for this project. FISCAL IMPACT: No fiscal impacts will result from this existing mobilehome park. The project is located within the Zone 15 Local Facilities Management Plan. All facilities to service the mobilehome park as it currently exists are currently available, and the conversion of the mobilehome park to condominium ownership will not jeopardize the City’s ability to provide necessary facilities and services to Zone 15. 1. Ordinance No. NS-392 2. Resolution No. 9 7 - 44 - ORDINANCENO. NS-392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.05, SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP, TO GRANT A ZONE CHANGE, ZC 96-04, FROM L-C TO RMHP ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL CAMINO REAL (WHICH RUNS EAST TO WEST IN THIS AREA) AT RANCH0 CARLSBAD DRIVE, I-N LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCH0 CARLSBAD MOBILEHOME PARK CASE NO.: ZC 96-04 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21, Chapter 21.05, Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, is amended to reflect a zone change from L-C to RMHF as shown on that portion of the map marked “Exhibit ZC 96-04”, attached hereto and made a part hereof by this reference. SECTION II: That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 403 1 constitutes the findings of the City Council. SECTION III: The Council further finds that this action is consistent with the Land Use Element and the Housiig Element of the Carlsbad General Plan. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certifjr to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED ANb FIRST READ at a regular meeting of the Carlsbad City Council held on the 21st day of January 1997, and thereafter 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 1 - PASSED AND ADOPTED at a regular meeting of said City Council held on the 28th day of January , 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY 1 RONALQR. BALL, City Attorney ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- - “EXHIBIT 2-C 96-04” RANCH0 CARLSBAD MOBILE HOME PARK ZC 96-04 f 1 ~ 2' 3 4 5 6 7 8 9 10 11 12 2 8 mum I?? 5 %Bs 13 owgj Au, gSjO=jS 14 .crg aU’O 9 ou $$x u;$z 15 pQ 16 a82 c-3 l7 (3 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE (FROM L-C TO RMHP ZONING), RESIDENTIAL MOBILEHOME PARK PERMIT, AND TENTATIVE PARCEL MAP TO CONVERT AN EXISTING 108.4 ACRE, 504 SPACE MOBILEHOME PARK FROM A RENTAL PARK TO CONDOMINIUM OWNERSHIP ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL CAMINO REAL (WHICH RUNS EAST TO WEST IN THIS AREA) AT RANCH0 CARLSBAD DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCH0 CARLSBAD MOBILEHOME PARK CASE NO. RMHP 96-Ol/M$96-08 WHEREAS, Carlsbad Resident Association, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Resident Association, Inc., Carlsberg Rancho, LTD, Brookdale Terrace Building Company, and Oak Shadows Building Company “Owner”, described as A portion of Lot “B” and Lot “E” of Ranch0 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, on December 18, 1996, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Residential Mobilehome Park Permit (RMHP 96-01) and Tentative Parcel Map (MS 96-08) to convert Ranch0 Carlsbad Mobilehome Park from a rental park to condominium ownership and adopted Planning Commission Resolutions No. 4032 and 4033 respectively, recommending to the City Council that they be approved; and . -. I . I I 1 2~ 3 4 5 6 7 8 9 10 11 12 9 g mWOY 327 aa* 13 408 OW$j && 14 tits 8 s'I2= 15 a>cng ?&!sv. ,6 uaa0 oga r m aa!J c-j i7 u 18 '9 20 21 22 23 24 25 26 27 28 I WHEREAS the City Council of the City of Carl&ad, held a public hearing on January 21, 1997 to consider the recommendations and heard all persons interested in or opposed to ZC 96-04/RMHP 96-Ol/MS 96-08; and WHEREAS, the findings and conditions of Planning Commission Resolution Nos. 4032 and 4033 recommending approval of the Residential Mobilehome Park Permit and Tentative Parcel Map constitute the findings and conditions of the City Council; WHEREAS, the Planning Director issued a Notice of Exemption dated November 21, 1996 for this project pursuant to California Public Resources Code sections 15061 (b)(3) and 21080.8, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Residential Mobilehome Park Permit (RMHP 96-01) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 4032, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the approval of Tentative Parcel Map (MS 96-08) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 4033, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council with the following amendments: 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 - A. Finding No. 11 is amended to read as follows: “11. That improvements proposed in the Master Drainage Plan will reduce flooding impacts and improve drainage to the mobilehome park. Portions of the Ranch0 Carlsbad Mobilehome Park are located within the 100 year floodplain as identified by the Federal Emergency Management Act (FEMA). As provided in the Subdivision Map Act, the City is authorized to require any improvements necessary to mitigate existing health and safety conditions. Because health and safety conditions exist (flooding), mitigation of the flooding impacts has been required as a condition of project approval. To facilitate the mitigation of flooding impacts, the City has agreed to include the site into the Master Drainage Plan and the applicants have agreed to the contribution of monies estimated to be $318,000 over a ten and one-half year period. In addition, the applicant has agreed to provide easement dedications for Lake Calavera Creek and Agua Hedionda Creek drainage channels to permit the City to mitigate flooding and drainage impacts pursuant to the Master Drainage Plan. These improvements will benefit the owners of the mobilehome park by reducing flooding impacts and improving drainage to the park.” B. Conditions No. 10 and 16d. are amended to read as follows: “10. The applicant shall enter into a secured agreement with the City to contribute $318,000 plus interest fixed at 6% per year for the first 18 months, and thereafter interest adjusting to equal the City’s annual return on its portfolio each December as determined by the City Treasurer in ten installments with the first installment due 18 months after the date of recordation of the final parcel map. The agreement shall be approved by the City Attorney and may be executed by the City Manager. The remaining principal and interest shall be paid annually thereafter and the entire principal and interest shall be paid off within ten years and six months of recordation of the final parcel map or sooner at the election of the applicant.” “16d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any damages caused by the developer-owned on- site drainage system.” C. Condition No. 11 is deleted. 4. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 3 1 2 3 4 5 6 7 8 9 10 11 12 9 8 mwo, Yr-; %X 3 13 OW# iua 2045 14 ti$$ 9 15 p$ip 0 gfk,- 16 p a82 p-3 l7 u 18 19 20 21 22 23 24 25 26 27 28 “NOTICE TO APPLICANT “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Cartsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None AT-TEST: Pl ALETHA L. RAUTENKRA (SEW