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Home My WebLink About1997-01-28; City Council; Resolution 97-440 0 1 2 3 4 5 6 7 8 9 10 11 12 om m> &e& a08 Ow% $054 LY->o :d$ OZAO 002 LDuJ >cs EO $WE +U, :;$2 OOU zwv) ““%a a01 13 14 15 16 17 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 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 RANCHO CARLSBAD DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK (FROM L-C TO RMHP ZONING), RESIDENTIAL MOBILEHOME CASE NO. RMHP 96-01/MS 96-08 WHEREAS, Carlsbad Resident Association, Inc., “Developer”, has filt 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 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, on December 18, 1996, the Carlsbad Planning Commissic 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 Rancho Carlsbad Mobilehome Park from a rental park to condominium ownership and adopted Plannir Commission Resolutions No. 4032 and 4033 respectively, recommending to the Cit) Council that they be approved; and 1 0 0 1 2 3 4 5 6 7 8 9 10 11 Om &E& an8 uwg $055 .EA$ 9 OOB 4 qi 2L%q OZJO "KZO E:$ cy$ SW? (0) jUC3 u"> <:oJ 00 - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, held a public he: on January 21 , 1997 to consider the recommendations and heard all persons intere in or opposed to ZC 96-04/RMHP 96-01/MS 96-08; and WHEREAS, the findings and conditions of Planning Commi: Resolution Nos. 4032 and 4033 recommending approval of the Residential Mobileh Park Permit and Tentative Parcel Map constitute the findings and conditions of the Council; WHEREAS, the Planning Director issued a Notice of Exemption c November 21, 1996 for this project pursuant to California Public Resources ( sections 15061 (b)(3) and 21 080.8, NOW, THEREFORE, BE IT RESOLVED by the City Council of the C Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Residential Mobilehome Park Permit (RMHP 96-01) for this pr is approved and that the findings and conditions of the Planning Commission contain Resolution No. 4032, on file'with the City Clerk and incorporated herein by reference the findings and conditions of the City Council. 3. That the approval of Tentative Parcel Map (MS 96-08) is approvec that the findings and conditions of the Planning Commission contained in Plal Commission Resolution No. 4033, on file with the City Clerk and incorporated here reference, are the findings and conditions of the City Council with the folic amendments: 2 0 W 1 2 3 4 5 6 7 8 9 10 11 om Yr 40s Err& AVU% $055 dtga: o”o9 OZJO nuqo 003 kom p?% GO &Lis Aka tAZ $32 401 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: “1 1. That improvements proposed in the Master Drair Plan will reduce flooding impacts and improve drainage to the mobilehome park. Pod of the Rancho Carlsbad Mobilehome Park are located within the 100 year floodplai identified by the Federal Emergency Management Act (FEMA). As provided in Subdivision Map Act, the City is authorized to require any improvements necessal mitigate existing health and safety conditions. Because health and safety conditions (flooding), mitigation of the flooding impacts has been required as a condition of prl approval. To facilitate the mitigation of flooding impacts, the City has agreed to inc the site into the Master Drainage Pian and the applicants have agreed to the contribl of monies estimated to be $318,000 over a ten and one-half year period. In addition applicant has agreed to provide easement dedications for Lake Calavera Creek and I Hedionda Creek drainage channels to permit the City to mitigate flooding and drail impacts pursuant to the Master Drainage Plan. These improvements will benefii owners of the mobilehome park by reducing flooding impacts and improving drainas the park.” B. Conditions No. 10 and 16d. are amended to read as folio\ “IO. The applicant shall enter into a secured agreement the City to contribute $31 8,000 plus interest fixed at 6% per year for the first 18 mo and thereafter interest adjusting to equal the City’s annual return on its portfolio 1 December as determined by the City Treasurer in ten installments with the first install1 due 18 months after the date of recordation of the final parcel map. The agreement be approved by the City Attorney and may be executed by the City Manager. remaining principal and interest shall be paid annually thereafter and the entire prin and interest shall be paid off within ten years and six months of recordation of the parcel map or sooner at the election of the applicant.” “16d. The owner of this property on behalf of itself and its successors in interest has agreed to hold harmless and indemnify the City of Carl from any action that may arise through any damages caused by the developer-ownec site drainage system.” C. Condition No. I1 is deleted. 4. This action is final the date this resolution is adopted by the City COI The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Ju Review” shall apply: I 3 ,I e 1 2 3 4 5 6 7 8 9 IO i ~ 11 "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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." 12 F:m !?$& 13 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the mu? 6n8 Council sf the City of Carlsbad on the 28th day of January 1997, by ow2 iLLu 14 $055 uks= 9On8 15 zwm0 ITcc=o 052 Lam 00 tJZ following vote, to wit: 6;$2 ozJ ~ 16 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and € do-. c:$ 17 NOES: None - 18 19 20 21 22 23 24 25 26 27 28 ABSENT: None ATTEST: PA ALETHA L. IRAbTENKRANZ, City Clerk ww 4