HomeMy WebLinkAbout2010-03-03; Planning Commission; Resolution 6666PLANNING COMMISSION RESOLUTION NO. 6666
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 09-04 TO
3 SUBDIVIDE AN EXISTING 14.38 ACRE RENTAL MOBILE
HOME PARK INTO A ONE LOT SUBDIVISION WITH 146
4 RESIDENTIAL AIRSPACE LOTS ON PROPERTY LOCATED
5 AT 6550 PONTO DRIVE EAST OF CARLSBAD BOULEVARD
AND SOUTH OF SURFSIDE LANE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 22.
CASE NAME: LANIKAI LANE
7 CASE NO.: CT 09-04
8 WHEREAS, Ocean Park Estates II, LLC, "Owner and Developer," has filed a
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verified application with the City of Carlsbad regarding property described as
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That portion of Lot 1, Section 29, Township 12 South, Range 4
West, San Bernardino base and meridian, in the City of
12 Carlsbad, County of San Diego, State of California, according
to the official plat thereof, lying between the State Highway
13 and the railroad rights of way; and
14 Excepting therefrom the south 10 acres thereof lying between
the State Highway and the railroad rights-of-way with the
north and south boundaries approximately parallel; and
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Also excepting therefrom any portion taken by the State of
17 California in Parcels 6A & 6B of final decree recorded April
23, 1952 as Document No. 50269 in Book 4444 Page 395 of
Official Records; and
19 The south 10 acres of Lot 1, Section 29, Township 12 South,
20 Range 4 West, San Bernardino Base and meridian in the City
of Carlsbad, County of San Diego, State of California,
21 according to the official plat thereof, lying between the State
Highway and the railroad rights of way with the north and
south boundaries approximately parallel; and
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Also excepting therefrom any portion taken by the State of
24 California in Parcels 6A &6B of final decree recorded April 23,
1952 as document No. 50269 in Book 4444 Page 395 of officialJC °J records
26 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
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Map as shown on Exhibits "A"-"D" dated March 3, 2010, on file in the Planning Department
1 LANIKAI LANE - CT 09-04, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
2 and
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WHEREAS, the Planning Commission did, on March 3, 2010, hold a duly4
r noticed public hearing as prescribed by law to consider said request; and
6 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:11
12 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APROVAL of LANIKAI LANE - CT 09-04, based on the
14 following findings and subject to the following conditions:
15 „ ,.Findings:
16 1. That the proposed map and .the proposed design and improvement of the subdivision as
17 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
1° Subdivision Map Act, and will not cause serious public health problems, in that the
. g existing mobile home park density of 10.15 du/ac is within the density range allowed
by the Residential Medium-High Density Land Use designation of 8-15 du/ac
20 consistent with the Land Use Element; that the conversion of the rental mobile home
park to an ownership mobile home park provides ownership housing opportunities
21 to lower income households consistent with the Housing Element; that the proposal
does not negatively affect existing open space consistent with the Open Space and
Conservation Element; that the project is adequately served by the existing roadway
23 system and will not require the addition of new roads consistent with the
Circulation Element; that California Government Code section 66427.5 preempts
24 the conversion of rental mobile home parks to ownership mobile home parks from
the development standards of local ordinances, and furthermore that the
25 subdivision does not alter any of the existing conditions regarding the availability of
-,- water and sewer nor will approval of the subdivision alter the continuance of
existing safety services to the mobile home park such as police and fire protection.
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2. The Planning Commission finds that the project is in conformance with the Elements of
28 the City's General Plan based on the facts set forth in the staff report dated March 3,
2010 including, but not limited to the following: that the existing mobile home park
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density of 10.15 du/ac is within the density range allowed by the Residential
2 Medium-High Density Land Use designation of 8-15 du/ac consistent with the Land
Use Element; that the proposal does not negatively affect existing open space
3 consistent with the Open Space and Conservation Element; and, that the project is
adequately served by the existing roadway system and will not require the addition
of new roads consistent with the Circulation Element.
3. That the proposed project is compatible with the surrounding future land uses since
5 surrounding properties are designated for residential development on the General Plan,
in that the existing land use provides housing as a rental mobile home park and the
7 approval of the subdivision will allow existing renters to purchase their lease space
as airspace condominium ownership or to continue to rent their lease space.
Ownership of the airspace as a condominium is substantially consistent and
9 compatible with the surrounding single family residential development in the area.
10 4. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
11 proposed, in that the developable area of the site is 14.38 acres with a Growth
Control Point of 11.5 units per acres which equates to a potential 165.37 dwelling
units onsite, however, the number of airspace condominium lots is proposed to be
the same as the existing number of lease spaces in the mobile home park which is
146 units (10.15 dwelling units per acre). The density exists as lease space and
14 approval of the condominium airspace lots of the same number and density is
suitable for the property.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that all of the improvements exist and no new improvements are required which will
18 be affected by any existing easements of record.
19 6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).20 V
7. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
22 as they exist and spaced adequately to take advantage of existing coastal influences
and to take advantage of shade or prevailing breezes.
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8. That the Planning Commission has considered, in connection with the housing proposed
24 by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
26 9. That the design of the subdivision and improvements are not likely to cause substantial
27 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is previously disturbed, no natural habitat or wildlife exists
2° onsite and approval of the subdivision does not include any physical alterations to
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the existing mobile home park nor does it include an expansion of the property
2 already designated within the park.
3 10. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
4 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 (Existing Facilities)
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
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11. The Planning Commission has reviewed each of the exactions imposed on the Developer
8 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
12 a final map.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
15 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
18 or a successor in interest by the City's approval of this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
21 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
24 4. If any condition for construction of any public improvements or facilities, or the payment
25 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this one lot and 146 airspace
condominium Tentative Tract Map, (b) City's approval or issuance of any permit or
r action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, including an action filed within the time period specified in
6 Government Code Section 66499.37.
7 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.o
9 7. This approval is granted subject to the approval of Coastal Development Permit CDP
09-15 and is subject to all conditions contained in Planning Commission Resolution No.
10 6667 for those other approvals incorporated herein by reference.
8. Prior to the recordation of the final tract map, the Developer shall prepare and record a
Yi Notice that this property may be subject to noise impacts from the existing Carlsbad
Boulevard and North County Transit District railroad right-of-way Transportation
13 Corridors, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #1 on file in the Planning Department).
,r 9. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to the Planning
16 Director prior to final map approval. The Developer shall provide the Planning
Department with a recorded copy of the official CC&Rs that have been approved by the
17 Department of Real Estate.
18 10. Prior to the recordation of the final map, Developer shall submit to the City a Notice of
19 Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
20 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map by Resolution No. 6666 on the property.
Said Notice of Restriction shall note the property description, location of the file
22 containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
23 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
24 or successor in interest.
25 v •Engineering:
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11. Developer shall submit to the City Engineer CC&Rs addressing the maintenance, repair,
27 and replacement of shared private improvements within this subdivision, including but
not limited to private streets, utilities1 sidewalks, landscaping, street lighting, enhanced
paving, water quality treatment measures, and storm drain facilities located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
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properties within this subdivision.
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12. There shall be one Final Map recorded for this project.
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13. This tentative map shall expire three years from the date on which the City Council
voted to approve this application.
Fees/Agreements
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14. Developer shall cause property owner to execute and submit to the City Engineer for
7 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
° 15. Developer shall cause property owner to execute and submit to the City Engineer for
n recordation the City's standard form Drainage Hold Harmless Agreement.
10 Non-Mapping Notes
11 16. Add the following notes to the final map as non-mapping data:
12 a. The owner of this property on behalf of itself and all of its successors in interest has
13 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
14 subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
b. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
16 to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
c. The owner of this property on behalf of itself and all of its successors in interest has
18 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
2Q drainage system or other improvements identified in the City approved development
plans; or by the design, construction or maintenance of the drainage system or other
21 improvements identified in the City approved development plans.
22 Utilities
OTJ Code Reminders;
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17. Approval of this request shall not excuse compliance with all applicable City ordinances.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 3, 2010, by the following vote,
to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Nygaard, and Schumacher
ABSENT: Commissioner Montgomery
ABSTAIN:
FARRAThS*DOUGLAS, Uhaupfcrson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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