HomeMy WebLinkAbout1997-01-21; City Council; 14005; Rancho Carlsbad Mobilehome Parkh . .
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CITY OF CAR
RANCH0 CARLSBAD MOBILEHOME PARK
ZC 96-04/RMHP 96-011MS 96-08
RECOMMENDED ACTION:
That the City Council ADOPT City Council Resolution No. ??-db APPROVING RMHP
96-01 and MS 96-08 as recommended for approval by the Planning Commission and
INTRODUCE Ordinance No. MS- 39% , APPROVING ZC 96-04.
ITEM EXPLANATION:
On December 18, 1996, the Planning Commission conducted a public hearing to review the
Ranch0 Carlsbad Mobilehome Park project 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. The Planning Commission recommended approval (4-O) of ZC 96-
04, RMHP 96-01, and MS 96-08. Approximately eight residents of the Ranch0 Carlsbad
Mobilehome park provided public testimony in favor of the proposed mobilehome park
conversion, and approximately sixty residents were in attendance at the meeting.
The discretionary actions to be decided by the City Council include a Zone Change from L-
C to RMHP Zoning, a Residential Mobilehome Park Permit, and Tentative Parcel Map to
convert the existing 108.4 acre mobilehome park from a rental park to a resident-owned,
condominium mobilehome park. The park contains 504 existing spaces, two recreation
areas and a recreation vehicle storage facility. A small portion of the property occupied by
coaches and the lot containing RV storage and recreational facilities, is proposed to be
rezoned from its current Limited Control (L-C) Zoning to Residential Mobilehome Park
(RMHP) Zoning consistent with the existing uses. The project does not comply with all of
the development standards of the RMHP Zone. However, provisions for waiver of
development standards of Chapter 21.37 of the Municipal Code are included in the RMHP
Zone, and the Planning Commission has recommended approval of such waiver. The
mobilehome park is also subject to the development standards of the California Code of
Regulations, Title 25, Division 1, Chapter 2, Mobilehome Park Act (Title 25). Development
standards of Title 25 may not be waived, therefore, as conditioned, the project shall comply
with all Title 25 regulations. These will be verified through the City’s official Title 25
inspection process scheduled to begin in early 1997.
The Tentative Parcel Map is accompanying the RMHP and Zone Change as a package for
Council consideration. If approved by Council, the applicant will process a Parcel Map to
finalize the project. Pursuant to Chapter 20.24.100 of the Municipal Code, the City
Engineer has the authority to approve the Parcel Map and record the final document with
the County Recorder.
Review of the proposed conversion included analysis of potential flood impacts since
portions of the park are located within the loo-year floodplain as identified by the Federal
Emergency Management Act (FEMA). The studies submitted by the applicant identified
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PAGE 2 OF AGENDi-dlLL NO.
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flooding during the estimated 50 year storm. Pursuant to the Subdivision Map Act, the City
is authorized to require only those improvements which are necessary to mitigate existing
health and safety concerns. Because the park is within the loo-year floodplain, and
because the reports substantiate that a health and safety condition exists, staff has required
mitigation of potential flooding impacts.
The applicants have agreed to the dedications of Lake Calavera Creek, Agua Hedionda
Creek and College Boulevard. However, the applicants have noted that this agreement is
subject to the subordination of the lender, General Electric Capital Corporation (GECC).
Parcel Map approval is subject to the dedication of these easements.
The applicants raised several issues at the Planning Commission hearing. The primary
issues raised are summarized below.
1. Payment of Public Facilities Fees - The applicants have contested the payment of
any Public Facilities Fees for future development of the Ranch0 Carlsbad
Mobilehome Park.
2. Compliance with Title 25 - The applicants object to conditions 20 and 21 of Planning
Commission Resolution No. 4032 requiring compliance with Title 25 development
regulations.
3. Floodinq as a Health and Safetv Issue - The applicants disagree that flooding at the
mobilehome park is a health and safety issue and have reserved all legal rights
based upon the flood issue. In addition, the applicants have objected to Condition
#9, Resolution No. 4033, requiring the execution of a hold harmless agreement
regarding drainage; they have agreed to only a ten (10) year indemnification for
damage due to flooding. Nonetheless, the applicants have agreed to contribute
monies, estimated to be $318,000 over a ten year period, to pay for flood mitigation
for the mobilehome park.
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 Resource 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
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PAGE 3 OF AGENDA dlLL NO. 1 y; 00 5
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.
EXHIBITS:
1.
2.
3.
4.
5.
6.
7.
8.
City Council Resolution No. ?J 9 - gc!
Ordinance No. /vS - 392 (ZC 96-04)
Location Map
Planning Commission Resolutions No. 4031, 4032 and 4033
Planning Commission Staff Report dated December 18, 1996
Excerpts of Planning Commission Minutes dated December 18, 1996
L. Sue Loftin Letter, dated December 18, 1996
Ranch0 Carlsbad letter, dated December 18,1996
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RESOLUTIONNO. 97-26
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 PbRCEL
MAP TO CONVERT AN EXISTING 108.4 ACRE,
MOBILEHOME PARK FROM A RENTAL
CONDOMINIUM OWNERSHIP ON PROP
LOCATED ON THE NORTH SIDE OF
(WHICH RUNS EAST TO WEST IN THI
CARLSBAD DRIVE, IN LOCAL FACI S MANAGEMENT
ZONE 15.
MOBILEHOME PARK
WHEREAS, Carlsbad Resident A ation, Inc. “Developer” has filed a verified
application with the City of Carlsba arding property owned by Carlsbad Resident
Association, Inc., Carlsberg Ran LTD, Brookdale Terrace Building Company, and
Oak Shadows Building Compa wner”, described as
“B” and Lot “E” of Ranch0 Agua Hedionda,
Carlsbad, County of San Diego, State of
r map thereof No. 823, filed in the office of the
corder of said county, November 16,1896.
EREAS, on December 18, 1996, the Planning Commission held a duly
hearing to consider a Residential Mobilehome Park Permit (RMHP 96-01) and
arcel Map (MS 96-08) to convert Ranch0 Carlsbad Mobilehome Park from a rental
Park
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condominium ownership and adopted Planning Commission Resolutions No. 4032 and
40 3 respectively, recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the --day of -
1997, held a public hearing to consider the recommendations and heard all persons interested in
or opposed to ZC 96-04/RMHP 96-Ol/MS 96-08; and 4
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1.
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WHEREAS, the findings and conditions of the 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, /
NOW, THEREFORE, BE IT RESOLVED by the City
Carlsbad as follows:
City of
That the above recitations are true and correct.
That the recommendation of the Planning Commissio r the approval of the
Residential Mobilehome Park Permit (RMHP 96- approved and that the
findings and conditions of the Planning on contained in Planning
Commission Resolution No.4032, on file with lerk and incorporated herein
by reference, are the findings and conditions oft
That the recommendation of the Planning C lssion for the approval of Tentative
Parcel Map (MS 96-08) is approved an the findings and conditions of the
Planning Commission contained in Pl ommission Resolution No. 4033, on
file with the City Clerk and incorporat rein by reference, are the findings and
conditions of the City Council.
This action is final the date this tion is adopted by the City Council. The
provisions of Chapter 1.16 of t arlsbad Municipal Code, “Time Limits for
Judicial Review” shall apply:
CE TO APPLICANT”
h judicial review of this decision must be
Code of Civil Procedure, Section 1094.6,
e applicable in the City of Carlsbad by Carlsbad
ter 1.16. Any petition or other paper seeking
filed in the appropriate court not later than
lowing the date on which this decision
al; however, if within ten days after the decision
nal a request for the record of the deposit in an amount
cover the estimated cost or preparation of such record,
e within which such petition may be filed in court is extended
later than the thirtieth day following the date on which the
rd is either personally delivered or mailed to the party, or his
orney of record, if he has one. A written request for the
reparation of the record of the proceedings shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
/ California 92008.”
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PASSED, APPROVED AND ADOPTED at a regular meetirfgbf the City Council
of the City of Carlsbad, California, on the -day of. the following vote,
to wit:
AYES:
NOES:
ABSENT:
I ABSTAIN:
ATTEST:
ALETHA L. RAUTEN
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ORDINANCE NO. 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,
IN 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 RMHP
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 Housing Element of the Carlsbad General Plan.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify 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 AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the 2Lst day of January 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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“EXHIBIT FC 96-04”
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96-04
*_ EXHIBIT 3 /
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96=04/RMHP 96-01
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 4031
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL (L-C) TO RESIDENTIAL MOBILEHOME PARR
(RMHP) ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF EL CAMINO REAL AT RANCH0
CARLSBAD DRIVE, IN LOCAL FACILITIES MANAGEMENT
ZONE 15.
CASE NAME: RANCH0 CARLSBAD MOBILEHOME PARK
CASE NO: ZC 96-04
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 Ran&o, LTD, Brookdale Terrace Building Company, and
Oak Shadows Building Company “Owner”, described as
A portion of Lot “B” and Lot “E” of Ran&o 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 application constitutes a request for a Zone Change as shown on
Exhibit “A”, dated December l&1996, on file in the Planning Department, Zone Change ZC
96-04 as provided by Chapter 21.37 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the l!Yh day of December, 1996,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Zone Change, ZC 96-04, based on the
following findings: y
Findings:
1.
2.
3.
. . .
. . .
. . .
. . .
. . .
That the proposed Zone Change from L-C to RMHP is consistent with the goals and
policies of the various elements of the General Plan, in that the RLM General Plan
designation of the property permits residential development in the range of 0 to 4
du/ac, with a 3.2 du/ac growth management control point and at zero du/ac the
project is within the density range. As provided for in the Land Use Element, Policy
C.6, cluster-type housing is encouraged where the design provides adequate open
space areas around the multiple family development. In this case, the clustering has
allowed the mobilehome spaces to be located together with the general open space,
recreation uses, and RV storage facility to be located on the perimeter of the site.
That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the Ranch0 Carlsbad Mobilehome Park is an existing use on the
property and the proposed rezoning of the site to RMHP will provide consistency
between the existing use and the zoning. Further, the existing RLM General Plan
designation of the site, which permits residential development and associated
residential uses at a density range from 0 to 4 du/ac, is consistent with the existing
open space, recreational uses and RV storage use on the site.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15061(b)(3) of the state CEQA Guidelines and will not have any adverse significant
impact on the environment.
PC RESO NO. 4031 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 18th day of December, 1996, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen and
Welshons
NOES: None
ABSENT: Commissioners Heineman, Noble and Savary
ABSTAIN: None
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. &!ILz~~LLER
Planning Director
PC RESO NO. 4031 -3-
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PLANNING COMMISSION RESOLUTION NO. 4032
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE CONVERSION OF A RESIDENTIAL
MOBILEHOME PARR AND ISSUANCE OF RESIDENTIAL
MOBILEHOME PARK PERMIT RMHP 96-01 ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF EL
CAMlNO REAL AT RANCH0 CARLSBAD DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
CASE NAME: RANCH0 CARLSBAD MOBILEHOME PARK
CASE NO.: RMHP 96-01
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, said verified application constitutes a request for a Residential
Mobilehome Park Permit as shown on Exhibits “A” - “Z” dated December 18, 1996, on file in
the Planning Department, RMHP 96-01, Ranch0 Carlsbad Mobilehome Park as provided by
Chapter 21.37 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December 1996,
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 testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Residential Mobilehome Park Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4
B)
c>
Findinps:
1. That the Planning Director has determined that the conversion of an existing
That the foregoing recitations are true and correct.
That as provided for in Section 21.37.030 of the Carlsbad Municipal Code,
the Planning Commission must recommend and City Council must approve
the exemption to the development standards for the conversion of existing
mobilehome parks providing that the mobilehome park shall remain
substantially in conformance with the existing facility. The Planning
Commission finds that Ranch0 Carlsbad Mobilehome Park will remain
substantially in conformance with the existing facility and recommends
approval of the development standards exemption.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the conversion of a Residential
Mobilehome Park and issuance of Residential Mobilehome Park Permit
RMHP 96-01, based on the following findings and subject to the following
conditions:
mobilehome park to condominium ownership is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 21080.8 of the state Public
Resource Code (CEQA) and will not have any adverse significant impact on the
environment.
2. -The Planning Commission finds that the project, as conditioned herein for compliance
with residential mobilehome park zoning and in conformance with Exhibits “A” -
“Z”, is in conformance with the Elements of the City’s General Plan, based on the
following:
a. Land Use - The Ranch0 Carlsbad Mobilehome Park existed in the City of
Carlsbad prior to the establishment of the Carlsbad Growth Management
Plan. The densities of the park were incorporated into the Zone 15 Local
Facilities Management Plan, and all necessary facilities and services to serve
the existing park are in place. At 6.22 dwelling units per acre, the RM
designated parcels are slightly above the growth control point of 6 du/ac for
the property, but within the General Plan density range of 4 to 8 du/ac.
Additionally, the RLM designated parcel at zero dwelling units per acre is
well below the growth control point of 3.2 du/ac for the property. The
project contains 504 total mobilehome spaces which is below the 540 total
mobilehome spaces permitted on the site under the General Plan.
Therefore, at 504 spaces, the project is 36 units below the Growth
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3.
Management dwelling unit allowance for the project and is consistent with
the allowed density and land use designations of the General Plan.
b. Circulation - As required in the Carlsbad General Plan, the applicant has
agreed to dedicate College Boulevard where the roadway traverses the
project site. College Boulevard is designated as a major arterial in the
General Plan. Major arterials are designed with a 102-foot right-of-way,
with a raised median. The dedication of College Boulevard right-of-way is a
condition of project approval.
C. Housing - Consistent with the mobilehome park conversion objectives of the
Housing Element (Programs 1.2 and 1.3), the conversion of the mobilehome
park to condominium ownership will not result in the displacement of
existing residents, in that all residents will have the option of continuing to
rent their spaces under existing leases, or rental agreements, or under new
leases to be offered by the park owner. As indicated in the required Tenant
Impact Report (TIR), the Ranch0 Carlsbad Mobilehome Park is not being
closed, and its residents are not being asked to vacate the property; rather,
residents are being offered the choice of acquiring fee title of their individual
spaces, or continuing to rent their spaces under substantially the same terms
as they have in the past.
Although it has been determined that Chapter 21.85 (Inclusionary Housing
Ordinance) does not apply to the conversion of an existing mobilehome park,
approximately 65 of the 504 spaces (or 12.9%) of the spaces will be
rented/owned by existing lower income residents. State and local financial
assistance may be obtained to assist the existing residents of the 65 spaces to
rent/buy their space as an affordable space.
The project is consistent with the City’s General Plan since the proposed density of 6.22
du/acre of the RM designated portion of the site is within the density range of 4 to 8
du/acre specified for the site as indicated on the Land Use Element of the General Plan,
and the project at 504 dwelling units is 36 dwelling units below the Growth
Management Dwelling unit allowance of 540 dwelling units for the property. As
17.93 acres of the site is designated for RLM densities (O-4 du/ac) and has been
developed with recreational and RV storage facilities to serve the mobilehome park
instead of units, the project will not exceed the dwelling unit allowance for the
project.
4. That the street system serving the proposed project is adequate to properly handle all
traffic generated by the existing use, in that the approximately 1,512 ADT generated
by the project are existing trips, which currently are adequately handled by the
existing circulation system.
PC RESO NO. 4032 -3-
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The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
C. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project. This
project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, .dated April 1994, in that, as conditioned the applicant shall
record a notice concerning aircraft overflight, sight and sound. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in
that the project is located outside of the 60 dBA CNEL for the airport.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts cause 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.
That the notice required by California Civil Code Section 798.56(f) has been made or will
be given in that as evidenced by letters dated September 28, 1995, the applicant has
provided notice to residents of the proposed conversion pursuant to California Civil
Code Section 79&56a(f). Copies of the certified mailing list are on file in the
Planning Department.
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11. Each of the tenants of the proposed condominium development has been or will be given
notice of exclusive right to contract for the purchase of their respective site upon the same
terms and conditions that such site will be initially offered to the general public, or terms
more favorable to the tenant. The right shall run for a period of not less than 180 days
from the date of subdivision issuance of public report as provided for in Section 11018.2
of the Business and Professional Code in that as provided for in the Tenant Impact
Report for Ranch0 Carlsbad Country Club Estates, dated February 20, 1996, (see
Exhibit “X”) each tenant will be given notice of exclusive right to contract for the
purchase of their respectivesite upon the same terms and conditions that such site
will be initially offered to the general public or terms.more favorable to the tenant.
The right shall run for a period of not less than 180 days commencing on the
issuance and delivery of the Final Public Report by the Department of Real Estate,
during which the resident shall have the exclusive right to decide whether to
purchase a condominium interest or whether to continue to rent his or her space.
12. Pursuant to Section 21.37.120(f) of the Carlsbad Municipal Code, CC&Rs will be
prepared and submitted for review and approval by the Planning Director.
13. That the Ranch0 Carlsbad Mobilehome Park does not comply with the development
standards of Chapter 21.37 of the Carlsbad Municipal Code, however, as provided
for in Section 21.37.030 of the Carlsbad Municipal Code, the Planning Commission
must recommend and City Council must approve the waiver of the development
standards for the conversion of existing mobilehome parks providing that the
mobilehome park shall remain substantially in conformance with the existing
facility. The Planning Commission finds that Ranch0 Carlsbad Mobilehome Park
will remain substantially in conformance with the existing facility.
14. That the proposed conversion to condominium ownership will not adversely impact
either the Ranch0 Carlsbad residents or the City.
15. 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 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 %318,000.00 over a 10 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.
,‘d
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Planning Conditions:
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7.
The Planning Commission does hereby RECOMMEND APPROVAL of the
Residential Mobilehome Park Permit for the project entitled Ranch0 Carlsbad
Mobilehome Park Exhibits “A” - “2” dated December 18,1996, on file in the Planning
Department and incorporated by this reference, subject to the conditions herein set forth.
The Planning Commission rescinds CUP 48 effective upon approval of the parcel
map. Staff is authorized and directed to make, or require Developer to make, all
corrections and modifications to the RMHP permit document(s), as necessary, to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development substantially different from this approval, shall require an amendment to
this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect the
conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public
facilities fee dated April 23, 1996, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential
mobilehome park 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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8. Approval of RMHP 96-01 is granted subject to the approval of ZC 96-04 and MS 96-08.
RMHP 96-01 is subject to all conditions contained in MS 96-08 for the Tentative Parcel
Map.
9. The Ranch0 Carlsbad Mobilehome Park was first approved under CUP 48. RMHP
96-01 hereby rescinds CUP 48 and the conditions of Resolution No. 4032 supersede
the conditions CUP 48.
10. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article -, Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting
the same be carried out by the Association within a period of thirty (30) days from
the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within
the period specified by the City’s notice, the City shall be entitled to cause such
work to be completed and shall be entitled to reimbursement with respect thereto
from the Owners as provided herein.
C. Snecial Assessments Levied bv the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
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the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
The CC&Rs for the Ranch Carlsbad Mobilehome Park shall include language
stating that the fire hydrant system within the park will be tested annually as stated
in the National Fire Protection Act (NFPA ) 25 and Uniform Fire Code and a testing
report sent to the Carlsbad Fire Department each year.
Prior to the issuance of the Parcel Map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Residential Mobilehome Park Permit by Resolution
No. 4032 on the real property owned by the Developer. Said Notice of Restriction shall
note the property description, location of the file 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 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 or successor in interest.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not be
limited to trails, fi.rture and existing schools, parks and streets.
This project is being approved for condominium residential mobilehome ownership. If
any of the spaces in the project are rented, the minimum time increment for such rental
shall be not less than 26 days. The CC&Rs for the project shall include this requirement.
Prior to the recordation of the Parcel map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject
to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a
2/
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. . .
form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #2 on file in the Planning Department).
Prior to Parcel Map approval, all enclosures around gas meters, as identified on
Exhibit “BB” shall be removed or gas meters shall be moved out of the enclosure
such that there is not underground gas piping under any structure, as may be
approved by the Principal Building Inspector.
Prior to Parcel Map approval, all Spaces with inadequate building separation, as
identified on Exhibit “CC” shall bring the building separation into conformance
with Title 25 requirements.
Prior to or concurrent with the City’s scheduled Title 25 inspection, all Spaces
identified on Exhibit “DD” shall bring their carports into conformance with Title 25
regulations and the development standards of the RMHP Zone (Chapter 21.37 of
the Carlsbad Municipal Code).
Prior to or concurrent with the City’s scheduled Title 25 inspection, all Spaces
identified on Exhibit “EE” shall bring their storage enclosures into conformance
with Title 25 regulations and the RMHP Zone development standards (Chapter
21.37 of the Carlsbad Municipal Code).
All mobilehome spaces that contain non-conforming yards as identified on Exhibit
“FF” shall constitute lawful non-conforming buildings and must comply with
Chapter 21.48 (Non-conforming buildings and uses) of the Carlsbad Municipal
Code. In all cases where a coach is removed or a coach is moved for any purpose,
the structures on the Space shall be brought into conformance with the development
standards of Chapter 21.37 (RMHP) of the Carlsbad Municipal Code.
Prior to issuance of building permits for any coach (including permanent,
foundations) a coach must be in compliance with all standards of Title 25.
No grading or building permits (including permanent foundation permits) shall be
issued within the Floodplain, as identified on Exhibit “GG”, until a Special Use
Permit (SUP) for the entire Ranch0 Carlsbad Mobilehome Park has been approved
for floodplain development.
Prior to or concurrent with construction of College Boulevard extension through the
subject property, the homeowners association shall screen the recreational uses and
RV storage facility on Lots C and D from adjacent property and as viewed from
College Boulevard. The screening shall be approved by the Planning Director and
include both attractive screen fencing and landscaping.
PC RESO NO. 4032 -9-
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26. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
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
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; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Residential Mobilehome Park Permit.
Standard Code Reminders
27. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 18th day of December 1996, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen and
Welshons
NOES: None
ABSENT: Commissioners Heineman, Noble and Savary
ABSTAIN: None
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
MICHAEL J. V HOLZMIMER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4033
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF TENTATIVE PARCEL MAP NUMBER MS 96-
08 TO CONVERT A 504 SPACE MOBILEHOME PARK INTO
AN AIRSPACE, RESIDENT-OWNED CONDOMINIUM 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.: MS 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, said verified application constitutes a request for a Tentative Parcel
Map as shown on Exhibits “A” - “Z” dated December 18, 1996, on file in the Planning
Department Tentative Parcel Map (MS 96-08), as provided by Chapter 20.24 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December 1996,
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 testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Parcel Map.
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WHEREAS, on December 18, 1996, the Planning Commission recommended
approval of, MS 96-08, as described and conditioned in Planning Commission Resolution No.
4033.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Tentative Parcel Map MS 96-08, based on
the following findings and subject to the following conditions:
FindinPs:
1. That the Planning Director has determined that the Tentative Parcel Map for the
conversion of a mobilehome park to condominium ownership is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 21080.8
of the state Public Resource Code (CEQA) and will not have any adverse significant
impact on the environment.
2. The Planning Commission finds that the project, as conditioned herein for compliance
with residential mobilehome park zoning and in conformance with Exhibits “A” -
“Z”, is in conformance with the Elements of the City’s General Plan, based on the
following:
a. Land Use - The Ranch0 Carlsbad Mobilehome Park existed in the City of
Carlsbad prior to the establishment of the Carlsbad Growth Management
Plan. The densities of the park were incorporated into the Zone 15 Local
Facilities Management Plan, and all necessary facilities and services to serve
the existing park are in place. At 6.22 dwelling units per acre, the RM
designated parcels are slightly above the growth control point of 6 du/ac for
the property, but within the General Plan density range of 4 to 8 du/ac.
Additionally, the RLM designated parcel at zero dwelling units per acre is
well below the growth control point of 3.2 du/ac for the property. The
project contains 504 total mobilehome spaces which is below the 540 total
mobilehome spaces permitted on the site under the General Plan.
Therefore, at 504 spaces, the project is 36 units below the Growth
Management dwelling unit allowance for the project and is consistent with
the allowed density and land use designations of the General Plan.
b. Circulation - As required in the Carlsbad General Plan, the applicant has
agreed to dedicate College Boulevard where the roadway traverses the
c33A
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project site. College Boulevard is designated as a major arterial in the
General Plan. Major arterials are designed with a 102-foot right-of-way,
with a raised median. The dedication of College Boulevard right-of-way is a
condition of project approval.
C. Housing - Consistent with the mobilehome park conversion objectives of the
Housing Element (Programs 1.2 and 1.3), the conversion of the mobilehome
park to condominium ownership will not result in the displacement of
existing residents, in that all residents will have the option of continuing to
rent their spaces under existing leases, or rental agreements, or under new
leases to be offered by the park owner. As indicated in the required Tenant
Impact Report (TIR), the Ranch0 Carlsbad Mobilehome Park is not being
closed, and its residents are not being asked to vacate the property; rather,
residents are being offered the choice of acquiring fee title of their individual
spaces, or continuing to rent their spaces under substantially the same terms
as they have in the past.
Although it has been determined that Chapter 21.85 (Inclusionary Housing
Ordinance) does not apply to the conversion of an existing mobilehome park,
approximately 65 of the 504 spaces (or 12.9%) of the spaces will be
rented/owned by existing lower income residents. State and local financial
assistance may be obtained to assist the existing residents of the 65 spaces to
rent/buy their space as an affordable space.
3. The project is consistent with the City’s General Plan since the proposed density of 6.22
du/acre of the RM designated portion of the site is within the density range of 4 to 8
du/acre specified for the site as indicated on the Land Use Element of the General Plan,
and the project at 504 dwelling units is 36 dwelling units below the Growth
Management Dwelling unit allowance of 540 dwelling units for the property. As
17.93 acres of the site is designated for RIM densities (O-4 du/ac) and has been
developed with no units and contains recreational and RV storage facilities to serve
the mobilehome park, the project will not exceed the dwelling unit allowance for the
project.
4. That the street system serving the proposed project is adequate to properly handle all
traffic generated by the existing use, in that the approximately 1,512 ADT generated
by the project are existing trips, which currently are adequately handled by the
existing circulation system.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
PC PESO NO. 4033
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remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
C. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project. This
project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applicant
shall record a notice concerning aircraft overtlight, sight and sound. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport,
in that the project is located outside of the 60 dBA CNEL for the airport.
That the proposed map and the proposed design and improvement of the subdivision 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 Subdivision Map
Act, and will not cause serious public health problems, in that the applicant has offered
to dedicate easements and enter into an agreement with the City to contribute
monies to mitigate any flood hazard from the Agua Hedionda or Calavera Creeks in
compliance with the City’s Master Drainage Plan.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the City Manager is authorized to enter into and sign an agreement with the
applicant to mitigate the flood hazard per the amendment to the Master Drainage
Plan, taking into account the following criteria:
a. The immediacy of need;
b. The availability of other funding that can then be reimbursed;
PC PESO NO. 4033
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12.
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The fiscal viability of the applicant;
Significant, upstream development;
The cost of construction of the mitigation;
The maximum amount of time for contributions is to be ten years from the
recordation date of the parcel map.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts cause 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.
That MS 96-08 complies with the California State Map Act Section 66428.1(f) which
states, in part, that the number of condominium units or interests created by the
conversion shall not determine whether the filing of a tentative parcel and parcel
map or tentative and final map shall be required and that the City Engineer is,
therefore, authorized to approve the parcel map.
The tentative parcel map is consistent with the provisions of Title 21 and that all
approvals and permits required by Title 21 for the project have been given or have
been issued.
Planning Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Tentative
Parcel Map for the project entitled MS 96-08 Exhibits “A’‘-“Z” dated December 18,
1996 on file in the Engineering Department and incorporated by this reference, subject to
the conditions herein set forth. Staff is authorized and directed to make, or require
Developer to make, all corrections and modifications to the Tentative Tract Map
document(s), as necessary, to make them internally consistent and in conformity with
final action on the project. Development shall occur substantially as shown in the
approved Exhibits. Any proposed development substantially different from this approval,
shall require an amendment to this approval.
2. Approval of MS 96-08 is granted subject to the approval of ZC 96-04 and RMHP 96-01.
MS 96-01 is subject to all conditions contained in RMHP 96-01 for the Residential
Mobilehome Park Permit.
Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering conditions
upon the approval of this proposed minor subdivision must be met prior to approval of
a parcel map.
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The developer shall provide the City with the approved tentative parcel map. The map
shall be to scale on a reproducible 24” x 36” Xerox mylar or photo mylar. It shall reflect
the conditions of approval by the City. The reproducible shall be submitted to the City
Engineer, reviewed and signed by the City’s project engineer and project planner prior to
submittal of the building plans, final map, improvement or grading plans, whichever
occurs first.
The net developable acres shall be shown for each parcel.
There shall be one parcel map recorded for this project.
The developer shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private: streets, sidewalks, street lights, storm drain
facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
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 existing
onsite drainage condition. The deed restriction document shall be in a form acceptable
to the City Engineer and shall:
a.
b.
clearly delineate the limits of the 100 year flood plain;
state that the onsite drainage system shall be maintained in perpetuity by the
underlying property owner unless accepted in writing by the city; and
C. that all future use of the property within the loo-year floodplain will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage within the boundaries of this subdivision.
The applicant shall deposit monies, as required by the City Council, to mitigate
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 monies to
mitigate any flood hazards.
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PC RESO NO. 4033 4/ -6-
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12. The owner shall make an offer of dedication io the City for all public streets and
easements described herein or shown on the RMHP / TENTATIVE PARCEL MAP.
The offer may be made by a separate document or by a certificate on the parcel map
for this project. All land so offered shall be granted to the City free and clear of all liens
and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
Offer of Dedications are: (1) Lake Calavera Creek; (2) Agua Hedionda Creek; (3) College
Boulevard; and (4) Construction, access, and slope easements that are part of the above
mentioned easements.
13. A covenant of easement for the benefit of parcel “A” shall be recorded over Parcel
“C” and the remainder parcel for a minimum 20 foot wide future secondary access
to Ranch0 Carlsbad Mobilehome Park, all to the satisfaction of the City Engineer.
14. Direct access rights for all lots abutting El Camino Real shall be waived on the parcel
map.
15. Prior to approval of the Parcel Map the applicant shall receive approval of a Flood
Evacuation Plan that addresses the concerns of safety throughout the mobilehome
park. The Plan shall be reviewed by Police, Fire and Engineering Departments and
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 privately
maintained by the homeowners association. The improvements and property
located within the areas offered for dedication are to be maintained by the
homeowners association until such offers are accepted by the City and the
maintenance responsibilities therefore are accepted by City Council Action.
b. This subdivision contains a remainder parcel. No building permit shall be issued
for the remainder parcel until it is further subdivided pursuant to the provisions of
Title 20 of the Carlsbad Municipal Code.
C. Building permits will not be issued for development of the subject property unless
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 interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any damages caused by the drainage system and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
17. A Special Use Permit is required for further development, alteration or modification
of any lots or units within the floodplain as shown on exhibit “GG” of these
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conditions.
18. The tentative parcel map approval shall expire twenty-four (24) months from the date of
the final decision for tentative map approval.
19. The City Engineer has reviewed each of the exactions imposed on the developer
contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused
by the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 18th day of December 1996, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen and
Welshons
NOES: None
ABSENT: Commissioners Heineman, Noble and Savary
ABSTAIN: None
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H&ZMILXER
Planning Director
PC RESO NO. 4033 -8-
-. EXHIBIT 5
. .6 City of CARLSBAD Planning Departme,,
A REPORT TO THE PLANNING COMMISSION
Item No. 3 0
Application complete date: October 28. 1996
P.C. AGENDA OF: December 18, 1996
Project Engineer: Clyde Wickham
SUBJECT: ZC 96-04/RMHP 96-OlNS 96-08 - RANCH0 CARLSBAD MOBILEHOME
PARK - Request for 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.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4031, 4032 and
4033 RECOMMENDING APPROVAL of ZC 96-04, RMHP 96-01 and MS 96-08 based on
the findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicants are requesting approval of a four-lot, tentative parcel map and a Residential
Mobilehome Park Permit which would allow the conversion of the existing Ranch0 Carlsbad
Mobilehome Park from a rental park to a resident-owned, condominium mobilehome park. The
mobilehome park contains 504 existing spaces, two recreation areas and a recreation vehicle
storage lot. The recreation, RV storage lots and a small portion of the property occupied by
coaches are proposed to be rezoned from their current Limited Control (L-C) zoning to
Residential Mobilehome Park (RMHP) to provide zoning consistency with the rest of the
mobilehome park. The project does not comply with all of the development standards of the
RMHP Zone. Provisions for waiver of development standards are included in the RMHP Zone
and staff can support the waiver of some development standards, as discussed below. The
proposal is consistent with the Carlsbad General Plan and Growth Management Plan.
III. PROJECT DESCRIPTION AND BACKGROUND
Ranch0 Carlsbad Mobilehome Park consists of 504 mobilehome spaces, administrative offices,
club house, pool area, laundry facilities, tennis courts, general recreation areas, and a recreational
vehicle storage facility. A large community area which includes the administrative offices and
clubhouse is located in the center of the park with a general recreation area, containing tennis
courts, being located at the northern end of the park. Ranch0 Carlsbad is located on the north
side of El Camino Real (which runs east to west in this area) at Ranch0 Carlsbad Drive.
Properties to the east and west are vacant and planned for residential low-medium development.
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ZC 96-04/RMHP 96-01/M. ,.6-08 - RANCH0 CARLSBAD MOB,--tHOME PARK
DECEMBER 18,1996
To the north is vacant land planned for an elementary school, and to the south are the new Evans
Pointe and Eagle Canyon residential subdivisions and open space. The portion of the site
occupied by coaches is relatively flat, with the northern portion of the site, which contains the
RV storage area and recreational area, consisting of both flat and sloping areas.
Approximately 90.50 acres of the project site is zoned RMHP (Residential Mobilehome Park)
and has a RM (Residential Medium) General Plan Designation, with approximately 17.93 acres
being zoned L-C (Limited Control) and having a RLM (Residential Low-Medium) General Plan
Designation. The applicants have requested approval of a zone change from L-C to RMHP
zoning, and a residential mobilehome park permit to convert the existing 108.4 acre rental
mobilehome park to condominium ownership. The applicant has also filed a request for a
tentative parcel map (MS 96-08) to create four lots from the three existing parcels. The project is
located adjacent to El Camino Real, however, as an existing development, not proposing any
intensification of the existing use, the project is exempt from the El Camino Real Corridor
Development standards. The mobilehome park was originally approved as a rental project under
a Conditional Use Permit (CUP 48) which will be superseded by the approval of RMHP 96-O 1.
Ranch0 Carlsbad was developed under California Code of Regulations Title 25, Division 1,
Chapter 2, Mobilehome Parks Act (Title 25) and not pursuant to the development standards of
the RMHP zone. The RMHP zone at minimum contains the standards of Title 25 and in some
cases contains more restrictive development standards. Consequently, there are numerous
existing non-conformities with the RMHP zone within the park. There are also non-conformities
with Title 25 due primarily to unpermitted building activities. These non-conformities fall into
several broad categories which include: 1) front, side and rear yard setbacks; 2) distance between
structures; 3) combustible awnings; 4) storage enclosures; and, 5) enclosed gas meters. City
Council must waive the development standards of the RMHP zone for the conversion of a
mobilehome park “providing the mobilehome park shall remain substantially in conformance
with the existing facility. . . ” The project has been conditioned to remediate as many of the
RMHP zone non-conformities as possible, and all Title 25 non-conformities, including the
combustible awnings, inadequate distances between structures, over-sized storage enclosures and
enclosed gas meters. Development standards of Title 25 may not be waived, therefore, as
conditioned the project shall comply with all Title 25 regulations which will be verified through
the City’s official Title 25 inspection process scheduled to begin in early 1997. Because the park
contains RMHP zone non-conformities, in order to approve the mobilehome park permit, the
Planning Commission must recommend and City Council must approve the waiver of the
development standards for the park.
In October 1987, the City Council approved a zone code amendment to clarify and regulate
mobilehome park conversions to condominium ownership. These changes gave the Planning
Commission and City Council the ability to exempt existing mobilehome parks from
development standards, require additional conditions, and waive tentative and final maps for
mobilehome park conversions. The applicants are not requesting a waiver of the tentative map
for this project. Conditions were also added to the Ordinance to address relocation plans, rent
increases, economic displacements, and mobilehome exteriors. Currently, staff is working on an
amendment to the RMHP section to the Zoning Code to further clarify development regulations
within mobilehome parks. These modifications would clarify permitted building heights, modify
ZC 96-04/RMHP 96-01/M, 6-08 - RANCH0 CARLSBAD MOBILHOME PARK
DECEMBER 18,1996
PAGE 3
awning requirements pursuant to Title 25 requirements and clean-up the ordinance pursuant to
the current Mobilehome Park Act.
The Ranch0 Carlsbad Resident Association, which is purchasing the park from Ranch0 Carlsbad
Resident Association, Carlsberg Rancho, Ltd., Brookdale Terrace Building Company and Oak
Shadows Building Company, is now seeking approval of the zone change, mobilehome park
permit, and tentative parcel map in order to effectuate the mobilehome park purchase. These
actions are the final steps necessary for the mobilehome park to complete the conversion process
through the City.
The project is subject to the following regulations:
A. Carlsbad General Plan (Residential Medium (RM) 4-8 du/ac with a Growth Control Point
of 6 du/ac; Residential Low-Medium (RLM) O-4 du/ac with a Growth Control Point of
3.2 du/ac; and Open Space (OS));
B. Subdivision Regulations (Chapter 20.24 and 20.28 of the Carlsbad Municipal Code);
C. Residential Mobilehome Park (RMHP) Zoning ‘and Limited Control (L-C) Zoning
(Chapter 21.37 and Chapter 21.39 of the Carlsbad Municipal Code);
D. Floodplain Management Regulations (Chapter 21.110 of Carlsbad Municipal Code); and
E. Growth Management (Local Facilities Management Zone 15).
IV. ANALYSIS
Staffs recommendation of approval for this project is based upon the following analysis of the
project’s consistency with applicable policies, standards and zoning listed above.
A. GENERAL PLAN
Land Use Element
Ranch0 Carlsbad has two General Plan Land Use designations: Residential Medium (RM, 4-8
du/ac) and Residential Low-Medium (RLM, O-4 du/ac), as shown on Exhibit “ZZ”. The
mobilehome spaces are clustered on the RM portion of the site with the recreational amenities
and RV storage uses clustered on the RLM portion of the site. As provided for in the Land Use
Element, Residential Policy C.6, cluster-type housing is encouraged where the design provides
adequate open space areas around multiple family developments. In this case, the clustering has
allowed the mobilehome spaces to be located together with general open space, larger
recreational uses, and RV storage to be located on the perimeter of the site. Conversion of the
existing rental mobilehome park to condominium ownership will not change land uses and will
ensure continued consistency with the current General Plan designations.
ZC 96-04/RMHP 96-01/M:, / o-08 - RANCH0 CARLSBAD MOBl,;HOME PARK
DECEMBER 18, 1996
The Ranch0 Carlsbad Mobilehome Park existed in the City of Carlsbad prior to the establishment
of the Carlsbad Growth Management Plan and, consequently, was treated as developed acreage
in the 1986 Citywide plan. The densities of the park were incorporated into the Zone 15 Local
Facilities Management Plan, and all necessary facilities and services to serve the existing park
are in place. At 6.22 dwelling units per acre, the RM designated parcels are slightly above the
growth control point of 6 du/ac for the property, but within the General Plan density range of 4 to
8 du/ac. Additionally, the RLM designated recreation and RV storage site with no dwelling units
is below the growth control point of 3.2 du/ac for the property. The project contains 504 total
mobilehome spaces which is below the 540 total mobilehome spaces permitted on the site under
the General Plan. Therefore, at 504 spaces, the project is 36 units below the Growth
Management dwelling unit allowance for the site and is consistent with the allowed density and
land use designations of the General Plan.
Housing Element
Consistent with the mobilehome park conversion objectives of the Housing Element (Programs
1.2 and 1.3), the conversion of the mobilehome park to condominium ownership will not result
in the displacement of existing residents, in that all residents will have the option to purchase or
continue to rent their spaces under existing leases, or under new leases to be offered by the park
owner. As indicated in the required Tenant Impact Report (TIR), the Ranch0 Carlsbad
Mobilehome Park is not being closed, and its residents are not being asked to vacate the
property; rather, residents are being offered the choice of acquiring fee title of their individual
spaces, or continuing to rent their spaces under substantially the same terms as they have in the
past.
Pursuant to the TIR, the mobilehome park conversion is consistent with Government Code
Section 66427.5, as well as the State of California’s Mobilehome Park Resident Ownership
Program (MPROP), which mandate that the subdivider of a mobilehome park offer certain rent
protections to residents who choose not to purchase their space. The specific nature of these
protections depend upon whether a particular resident is “lower income” or “non-lower income”
as defined by the Health and Safety Code. As provided for in the Subdivision Map Act
Government Code Section 66427.5(d)2, monthly rental rates will be protected for existing lower
income residents. Therefore, rental opportunities of existing residents will not be eliminated by
the proposed conversion, nor will it result in the actual or economic displacement of any resident.
The provisions of the TIR ensure the retention and preservation of affordability of the Ranch0
Carlsbad Mobilehome Park consistent with the Housing Element.
Chapter 21.85 (Inclusionary Housing Ordinance) does not apply to the conversion of an existing
mobilehome park to condominium ownership. However, approximately 65 of the 504 spaces (or
12.9%) of the spaces will be rented/owned by existing lower income residents. State and County
financial assistance may be obtained to assist the existing residents of the 65 spaces to rent/buy
their space as an affordable space. The applicants may also formally request that the City
provide financial assistance to low income residents in addition to State and County funding.
The City has been tentatively asked to provide $200,000 in support for the project. Any financial
assistance would be approved by City Council at the time of formal request by the Ranch0
Carlsbad Mobilehome Park owners.
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ZC 96-04/RMHP 96-O 1 /MC d-08 - RANCH0 CARLSBAD MOBLJ-IOME PARK
DECEMBER 18,1996
B. SUBDIVISION REGULATIONS
The existing rental mobilehome‘ park contains four parcels. The proposed, four-lot tentative
parcel map has been requested to effectuate the conversion of the existing mobilehome park to
condominium ownership. It is necessary that all mobilehome spaces be located on one lot, with
the supporting facilities of the park occupying separate parcels. In this case, the three separate
parcels have been requested based on the geographic location of the uses on the site. As shown
on the reduced site plan exhibit, the four lotswould contain the following: Lot “A” contains all
of the mobilehome spaces; Lot “B” contains the administrative offices, recreation areas and open
space; Lot “C” contains open space and recreation area, including tennis courts; and, Lot “D”
contains the RV storage facility and resident gardens. The tentative parcel map complies with all
of the requirements of the City’s Subdivision Ordinance. Because of the number of lots, the
issues with public health and safety, and the general complexity of this project, a Parcel Map is
being used to delineate and record the conversion of this mobilehome park. The City Engineer
has requested that we include the project into one comprehensive action to expedite and to
simplify the approval process. The Tentative Parcel Map is accompanying the RMHP and the
Zone Change as a package to be presented to the Planning Commission and the City Council.
Following approval from City Council the applicant will process a Parcel Map to finalize the
project. Pursuant to Chapter 20.24.100 of the Municipal Code, the City Engineer has the
authority to approve the Parcel Map and record the final document with the County Recorder.
The Subdivision Map Act, Section 66428.1(f) precludes the City from using the number of
condominium units to determine whether a tentative parcel map or tentative tract map is
required. The proposal is to take three existing lots and divide them into four lots. With four
lots, a parcel map is required even though one of those lots contains 504 airspace units. For a
mobilehome conversion, the Subdivision Map Act further precludes the City from requiring
dedications, improvements or in-lieu fees, unless these are required to mitigate an existing health
or safety condition. The existing health and safety conditions on the site are discussed below in
Section C, Item 4, RMHP and L-C Zoning.
C. RMHP AND L-C ZONING
1. Zone Change From L-C to RMHP
In 198 1, the City adopted the RMHP zone and processed a zone change on existing mobilehome
parks to rezone the existing parks consistent with the newly-adopted RMHP zoning. At that
time, approximately 86 acres of the Ranch0 Carlsbad Mobilehome Park were rezoned to RMHP.
There is no indication in the file as to why all of the property being utilized for mobilehome park
purposes was not rezoned to RMHP zoning.
The intent of the RMHP zone is to regulate, preserve and protect existing and proposed
,mobilehome parks within the City. The intent of the L-C zone is to provide an interim zone for
areas where planning for future land uses has not been forrnalized. Consistent with the current
mobilehome park uses on the site (mobilehome coaches, recreational facilities and RV Storage),
the applicant is proposing to rezone the L-C portion of the site to RMHP (see Exhibit “AA”). As
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DECEMBER 18,1996
discussed above in Section A, General Plan, the proposed RMHP zoning is consistent with the
existing RLM General Plan designation on the site.
2. Mobilehome Park Conversion Requirements
Section 21.37.120 (RMI-IP Zone) establishes the procedures for the conversion of a rental
mobilehome park to individual ownership. As provided for in this section, no conversion permit
shall be approved by City Council unless three findings can be made as follows: (a) that the
conversion is consistent with the General Plan;(b) that the notice required by California Civil
Code Section 798.56a(f) has been made or will be given; and, (c) that each of the tenants of the
proposed condominium development has been or will be given notice of exclusive right to
contract for the purchase of their respective site.
a. General Plan Consistencv
As noted above, in Section A, General Plan, the proposed mobilehome park conversion is
consistent with the General Plan.
b. Notice of Conversion
As evidenced by letters dated September 28,
provided notice to residents of the proposed
Code Section 798.56a(f) (see Exhibit ‘VW’).
file in the Planning Department.
C. Notice of Exclusive Right
1995 (Exhibit “HH”), the applicant has
conversion pursuant to California Civil
Copies of the certified mailing list are on
As provided for in the Tenant Impact Report for Ranch0 Carlsbad Country Club Estates,
dated February 20, 1996, (see Exhibit “XX”) each tenant will be given notice of exclusive
right to contract for the purchase of their respective site either upon the same terms and
conditions that such site will be initially offered to the general public or terms more
favorable to the tenant. The right shall run for a period of not less than 180 days
commencing on the issuance and delivery of the Final Public Report by the Department
of Real Estate, during which the resident shall have the exclusive right to decide whether
to purchase a condominium interest or whether to continue to rent his or her space.
3. Compliance with Development Standards of the RMHP Zone
As provided for in Section 21.37.030 of the Carlsbad Municipal Code, no conversion of a
mobilehome park shall be approved unless a mobilehome park permit has been approved by the
City Council, except that existing mobilehome parks may be exempted from the development
standards of the RMHP zone, if the mobilehome park remains in substantial conformance with
the existing facility. The Code further provides that for existing mobilehome parks found not to
be subject to the development standards identified in the ordinance, the City Council and
Planning Commission may add reasonable conditions to the mobilehome permit.
When the CUP for the mobilehome park was approved in 1969, the site was zoned R-A-10,000.
The development standards utilized by the City at that time were those specified in Title 25. In
1981, the City adopted the Residential Mobilehome Park (RMHP) Zone, and processed a 37
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DECEMBER 18,1996
Citywide Zone Change (ZC-227) to rezone existing mobilehome parks to RMHP zoning. Since
approval of the citywide zone change in 1981, the City has been enforcing the RMHP zoning
regulations as well as Title 25 regulations on the Ranch0 Carlsbad Mobilehome Park. The
RMHP Zone includes development standards which are consistent with, but in which some cases
are more restrictive than those contained in Title 25. The RMHP zone also includes development
standards not addressed in Title 25. City Council may not waive standards of Title 25, therefore,
this project has been conditioned to remediate all existing Title 25 development standards.
_’ _, 6,:; ; i/,” ,‘.:::Qi.
_( ‘_ ,“_ ,
;_: \_ _’ ,Y:: ~~~~:~~:M~~~~~~.~~~~:ii ., _lp_, , )_ ,, ,jj;
Non-Conforming Category Percentage of Non-Conformance
Front, Side & Rear Yard Setbacks - -5.4% (27.0 units)
Distance Between Structures 0.9% (5.0 units)
Combustible Awnines 15.0% (75.0 units)
Storage Enclosures 40.5% (204.0 units)
Enclosed Gas Meters 4.6% (23 .O units)
In reviewing the proposed project, staff examined Ranch0 Carlsbad Mobilehome Park’s
compliance with both Title 25 and the RMHP Zone. There are numerous existing non-
conformities within the park. As shown in Table 1 above, these non-conformities fall into
several broad categories which include: 1) front, side and rear yard setbacks; 2) distance between
structures; 3) combustible awnings; 4) storage enclosures; and, 5) enclosed gas meters. As can
be seen in Table 1 above, the greatest existing non-conformities are the existing storage
enclosures (40.5% non-compliance). As summarized in Table 2 below, two of these non-
conforming conditions are considered a health and safety concern, enclosed gas meters and
inadequate distance between structures. As conditioned, these items are required to be
remediated prior to approval of the Parcel Map and the non-conforming awnings as well as
storage enclosures will be brought into conformance with the RMHP zone prior to or concurrent
with the City’s Title 25 inspection. The units with non-conforming yards (non-Title 25 issues)
will be required to comply with Chapter 21.48 of the Carlsbad Municipal Code and will be
brought into conformance with the RMHP zone as mobilehomes are moved off of their spaces, or
moved for any purpose, or as expansions are proposed. The mobilehome park does comply with
the other development standards of the RMHP zone including lot widths, coach sizes, lot
coverage, the provision of recreational amenities, RV storage facilities, resident and guest
parking, and laundry facilities.
II Category Title 25 FMHP Timing for Compliance
Front Yard
Side Yard
(interior)
NIA
3’
Zone
5’
3’
When coaches moved/removed and per Chapter
21.48 CMC
Prior to/concurrent with Title 25 inspection
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ZC 96-04RMHP 96-01/M: /6-08 - RANCH0 CARLSBAD MOBl,dHOME PARK
DECEMBER 18,1996
TABLE 2
DEVELOPMENT STANDARDS REGULATIONS SUMMARY
1 Ch. 21.37 1
Category
Street Side-Yard
Rear Yard
Structure I
Title 25 FUVIHP Timing for Compliance
Zone
N/A 5’ When coached moved/removed and per Chapter
._ 21.48 CMC
3’ 3’ Prior to/concurrent with Title 25 inspection
Prior to Parcel Map
Separation
Rear to Front
Side to Side
Side to Rear
Awnings Non-
6’
10’
8’
Less than 6’
Combust
Storage
to structure
2; 100 sq.fi.
Enclosures ( maximum
Prohibits
Enclosed Gas
Meters
Yes
Prior to/concurrent with Title 25 inspection
2; 100 sq.ft. Prior to/concurrent with Title 25 inspection
maximum
N/A Prior to Parcel Map
As mentioned previously, the Planning Commission and City Council must exempt the
mobilehome park conversion from the development standards of the RMHP zone “providing the
mobilehome park shall remain substantially in conformance with the existing facility.. .”
Because the park is non-conforming, in order to approve the mobilehome park permit the
Planning Commission and City Council must exempt the park from the development standards.
If the City is willing to waive the development standards, then staff would recommend bringing
the park into conformance with the RMHP zone over time (as summarized in Table 2 above)
rather than allowing the non-conformities to exist forever. To accomplish this, staff recommends
seven special conditions to bring the park into conformance over time, as noted below.
l All enclosures around gas meters, as identified on Exhibit “BB,” shall be removed or gas
meters shall be moved out of the enclosure such that there is no underground gas piping
under any structure.
l All Spaces with inadequate building separation, as identified on Exhibit “CC,” shall bring
the building separation into conformance with Title 25 requirements.
l All Spaces identified on Exhibit “DD” shall bring their carports into conformance with
Title 25 and the development standards of the RMHP zone.
0 All Spaces identified on Exhibit “El? shall bring their storage enclosures into
conformance with the RMHP zone and Title 25 development standards.
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PAGE 9
l All mobilehome spaces that contain non-conforming yards as identified on Exhibit “FF”
shall constitute lawful non-conforming buildings and must comply with Chapter 21.48
(Non-conforming buildings and uses) of the Carlsbad Municipal Code. In all cases where
a coach is removed or a coach is moved for any purpose, the structures on the Space shall
be brought into conformance with the development standards of Chapter 2 1.37 (RMHP)
of the Carlsbad Municipal Code.
a Prior to issuance of any building permit (including permanent foundation permits). a
coach must be in compliance with all standards of Title 25.
l No grading or building permits (including permanent foundation permits) shall be issued
for any Space located within the Floodplain, as identified on Exhibit “GG,” until a
Special Use Permit (SUP) for the entire Ranch0 Carlsbad Mobilehome Park has been
approved for floodplain development. The need for this condition is further explained in
Section D below.
To summarize, the proposed conversion to condominium ownership will not adversely impact
either the Ranch0 Carlsbad residents or the City. As conditioned with the above mitigation
measures, all health and safety conditions will be remediated expeditiously. Further, all future
development will be required to comply with the RMHP zone and conditions have been provided
to ensure that the Ranch0 Carlsbad Mobilehome Park appearance is maintained. Finally, the
conversion of the mobilehome park will provide residents with the security of owning their own
land without the fear of annual rent increases or displacement.
4. Health and Safety Conditions
Review of the proposed conversion included analysis of potential flood impacts since portions of
the park are located within the loo-year floodplain as identified by the Federal Emergency
Management Act (FEMA). The applicant submitted studies that identified flooding during the
estimated 50 year frequency storm and recommended mitigation to improve the flooding
impacts. When considering the conversion of the mobilehome park, the City is authorized
pursuant to State law, to require any improvements necessary to mitigate existing health and
safety conditions. State law limits the City’s ability to require only those improvements which
are necessary to mitigate existing health and safety concerns. Because the park is within the lOO-
year floodplain, and because the reports substantiate that a health and safety condition exists,
staff has required mitigation of potential flooding impacts.
The necessary improvements required in this case, are generally beyond the ability of the
residents/applicants of the park to have constructed. The applicants requested, and the City
Council approved an amendment to the Master Drainage Plan (MDP) to include facility “BMA”.
This facility is generally described as a levee system in the MDP. In order to mitigate the
flooding impacts the applicants have agreed, and are conditioned to enter into an agreement to
deposit monies into an account for this facility. The cost of the facility is estimated to be
approximately $3 18,000. The applicant has submitted a letter, Exhibit “QQ”, which states that
they are only willing to enter an agreement which allows payment in equal installments over a
ten year period. They have indicated that this payment plan is the most they can afford to do.
ZC 96-04/RMHP 96-01/M:. / 6-08 - RANCH0 CARLSBAD MOBI,;HOME PARR
DECEMBER 18,1996
The proposed facility could be part of a larger future development project or included in the
City’s Capital Improvement Program. As conditioned to contribute monies for drainage
facilities, existing health and safety conditions are considered to be adequately mitigated. In
addition the applicant has agreed and is conditioned to provide easement dedications for Lake
Calavera Creek and Agua Hedionda Creek within their project boundaries. These dedications
would be necessary to enable the City to mitigate flooding impacts to the park pursuant to the
recently approved amendment to the Master Drainage Plan mentioned above.
5. Traffk and Circulation
Access to the Ranch0 Carlsbad Mobilehome park is provided via El Camino Real on Ranch0
Carlsbad Drive. Ranch0 Carlsbad Drive is part of a four-way signalized intersection. The
mobilehome park is served by an internal, private circulation system. Although the park does not
comply with the Engineering Department cul-de-sac design standard for secondary access, it’s
private circulation system cannot be modified without violating the State Map Act Section
66428.1 .d that section states, “in no case shall the mitigation of a health and safety condition
have the effect of reducing the number or changing the location, of existing mobilehome spaces.”
The Traffic Division and the Fire Department have reviewed the proposed project and both agree
that the existing non-conforming condition is acceptable at this time but recommend the future
provision of adequate secondary access to the site. In the future, adjacent undeveloped lands will
provide secondary access to the mobilehome park via College Boulevard. A covenant of
easement for such secondary access will be a condition of the tentative parcel map (MS 96-08)
approval to ensure that adequate secondary access will be provided from future College
Boulevard.
As required in the Carlsbad General Plan, the applicant has agreed to dedicate College Boulevard
where the roadway traverses the project site. College Boulevard is designated as a major arterial
in the General Plan. Major arterials are designed with a 102-foot right-of-way, with a raised
median. The dedication of College Boulevard right-of-way is a condition of project approval.
6. Nullification of CUP 48
The mobilehome park was originally approved as a rental project under a Conditional Use Permit
(CUP 48) in 1969. The proposed RMHP 96-01 will rescind the old CUP and the conditions of
RMHP 96-01 will supersede the conditions of CUP 48.
D. FLOODPLAIN MANAGEMENT REGULATIONS (Chapter 21.110)
A Special Use Permit (SUP) is required prior to any development of property located within a
floodplain. There are approximately 100 spaces in Ranch0 Carlsbad that have been identified as
being either partially or completely located within the floodplain of Agua Hedionda Creek.
Pursuant to Section 21.110.130 of the Zoning Ordinance, an SUP must be processed before
construction or development begins. Due to the need to process the RMHP as quickly as possible
to acquire State financing, staff has agreed to process the SUP subsequent to approval of the
RMHP. However, this means that no individual grading or building permits, including $#/
ZC 96-04/RMHP 96-01/M, 6-08 - RANCH0 CARLSBAD MOBI--AHOME PARK
DECEMBER l&l996
permanent foundation permits on the impacted spaces, will be processed until an SUP for the
entire park is approved.
E. GROWTH MANAGEMENT
The proposed project is an existing residential mobilehome park which is located within Local
Facilities Management Plan (LFMP) Zone 15, in the Northeast quadrant of the City. No new
impacts on public facilities will be created by this existing mobilehome park. The LFMP does
not currently have an approved finance plan. This project however, has not been conditioned to
prepare the financing plan prior to approval of the RMHP. The finance plan has not been
required of this project due to specific prohibitions in the Subdivision Map Act. The Subdivision
Map Act provides, per Section 66428.1(d), that the local agency shall not: (a) impose any offsite
design or improvement requirements unless necessary to mitigate existing health and safety
conditions; (b) require other dedications, improvements, or in-lieu fees; nor, (c) be permitted to
reduce the number, or change the location of any existing mobilehome spaces in an effort to
mitigate any existing health and safety conditions. As the intent of the financing plan is to
establish necessary financing mechanisms for facilities and services to meet the needs of
development within the zone, and since the Subdivision Map Act precludes local agencies from
requiring new fees to mobilehome park conversions, the requirement for preparation of the
financing plan is not applicable for the conversion of this existing mobilehome park which will
remain substantially as it exists today. All facilities to service the use are currently available, and
the proposed project will not jeopardize the City’s ability to provide necessary facilities and
services to Zone 15. Compliance with the adopted performance standards are summarized as
follows:
* The project is 36 dwelling units below the Growth Management Dwelling unit allowance of 540 dwelling units
for the property.
V. ENVIRONMENTAL REVIEW
This project involves the zone change from L-C to RMHP zoning, a tentative parcel map to
create four lots, and a residential mobilehome park permit to allow the conversion of an existing !f%
ZC 96-04RMHP 96-01&b j-08 - RANCH0 CARLSBAD MOBL,HOME PAM
DECEMBER 18,1996
PAGE 12
rental mobilehome park to an ownership, condominium, mobilehome park. The proposed
conversion will not result in an expansion of, nor change in the existing use of the 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) as the proposed
zone change will not result in a change in use of the site and will provide consistency between
zoning and the General Plan. In addition, there is no potential for the zone change to cause a
significant effect on the environment. The Planning Director has also determined that the request
for a tentative parcel map and residential mobilehome park permit for the conversion of an
existing mobilehome park to condominium ownership are exempt from environmental review
pursuant to Section 21080.8 of the California Public Resource Code (CEQA) which exempts
mobilehome park conversions from the requirements of CEQA.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Planning Commission Resolution No. 403 1
Planning Commission Resolution No. 4032
Planning Commission Resolution No. 4033
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Exhibit “ZZ,” General Plan Map
Exhibit “WW,” Notice to Convert
Exhibit “XX,” Ranch0 Carlsbad Tenant Impact Report
Exhibit “AA,” Zone Change Map
Exhibit “BB,” Enclosed Gas Meters
Exhibit “CC,” Building Separation
Exhibit “DD,” Non-Conforming Carports
Exhibit “EE,” Non-Conforming Storage Enclosures
Exhibit “FF,” Non-Conforming Yards
Exhibit “GG,” Floodplain
Exhibit “QQ,” Letter Evidencing Willingness to Pay Fees
Reduced Site Plan (8 %’ x 11”)
Full Sized Exhibits “A”-?” dated December 18, 1996.
CASE NO:
CASE NAME:
BACKGROUND DATA SHEET
ZC 96-04/RMHP 96-Ol/MS 96-08
Ranch0 Carlsbad Mobile Home Park
APPLICANT: Carlsbad Resident Association/Tenants in Common Group
REQUEST AND LOCATION: Request for a zone change, mobilehome park permit. and a
tentative parcel map to convert an existing; mobilehome park to condominium ownership. located
on the north side of El Camino Real at Ranch0 Carlsbad Drive. in the RMHP and L-C zones, in
Local Facilities Management Plan Zone 15.
LEGAL DESCRIPTION: A portion of Lot “B” and Lot “E” of Ranch0 Agua Hedionda,
in the Citv of Carlsbad, County of San Diego. State of California, per map thereof No. 823, filed
in the Office of the Countv Recorder of said countv, November 16.1896.
APN: 168-050-23.168-050-24.209-060-03 Acres: 108.28 Proposed No. of Lots/Units: 504
GENERAL PLAN AND ZONING
Land Use Designation: RM/RLM/OS
Density Allowed: 5.5 1 du/ac (overall) Density Proposed: 5.15 du/ac (overall)
Existing Zone: RMHP/LC Proposed Zone: RMHP
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning
Site RMHP/L-C
North L-C
south L-C
East L-C
West PC/R-l/OS
Land Use
RM/RLM/os
RLMiE
RLM/O
RLM
RLM
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): Existing Private Sewer
Public Facilities Fee Agreement, dated: April 23, 1996
ENVIRONMENTAL IMPACT ASSESSMENT
q Negative Declaration, issued
cl Certified Environmental Impact Report, dated
(XI Other, Exempt pursuant to Section 21080.8 of California Public Resources Code
-
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: RMHP 96-Ol/CT 96-06/ZC 96-04 - Ranch0 Carlsbad Mobilehome Park
LOCAL FACILITY MANAGEMENT ZONE: 15 GENERAL PLAN: RM/RLM/OS
ZONING: RMHP/LC
DEVELOPER’S NAME: Carlsbad Resident Association/Tenants in Common Group
ADDRESS: 5200 El Camino Real, Carlsbad. CA 92008
PHONE NO.: (619) 438-0333 ASSESSOR’S PARCEL NO.: 168-050-23.24; 209-060-03
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 108.28 ac/504 spaces
ESTIMATED COMPLETION DATE: N/A
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer),
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDUs
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
Existing - N/A
Existing - N/A
Existing - N/A
Existing - N/A
Existing - N/A
Basin B
1,512
Station #5
2 1.88 Acres
Carlsbad
Existing - N/A
Existing - N/A
Existing; - N/A
The project is units the Growth Management Dwelling unit allowance.
.
-City of Carlsbad .-_
DISCLOSURE STATEMENT
APPLJCANT’SS7’A’fF.MBF;TOI~DI.~:IRSUREORCERT,~lNOWh!ERSHIP1Nn,Kl’s’l’so\? ALI.~ZJ’J’I-I( ‘hIIONS 1
WHlC’Ji WILL RU)tJIHF. ITISCRETIONAKY ACTION ON THE PAR-J OF TIIE C’I’J’Y (Y)I1K~‘ll OR ANY 1
APPOlKTE1) HOARD, COMMISSION OR COMMI’ITEE
. {Phsc Print)
The following informa!ion must be disclosed:
1. Audican t RANCH0 CARLSBAD TENANTS IN COMMON GROUP l.isC the names and addresses of atI persons having a financial interest in the applrcnrion.
(a) Residents of the Park: See,Attachment 1A (b) Carlsbad Resident Association, Inc.: Investors, See,Attachment 1B
(c) Owners: See,Attachment 2
2. Owner List the names and addrcssces of all person having any ownership :ntcrcsl in ihc propcn~ involved.
See, Attachment 2
3. if any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addrwes of all individuals owning more than 10% of the shares in the corporation or owning rtny partnership intcrcst in the partnership.
See, Attachment 2
4. If any pcrxon idcntifiedpursuant to (1) or(Z) above is a non$rofil organtmtion Dr it trust, list the nilntes and addrcssca of any person serving HS officer or director of the non-pMt organrzatiorr or as trustee or beneficiary of the trustcarlsbad Resident Association, Inc.
Lee Anderson, 3432 Don Jose, 438-3137 Jack Jaffe, 5144 Don Rodolfo, 931-8Ol
Irving Fishlow, 3441 Don Ortega, 931-7686 Walt Casper.5155 Don Ricardo, 438-93
Nancy Fisher, 3446 Don Juan, 438-0814
Conway Ulyate. 3458 Don Lorenzo, 438-8035
Bea Sturla, 5106 Don Mata, 930-0173 -.
DlSCLOS.FRM 21196 PAGE I cd 2
.--. - _,__ --- -.. _.I--- . 2075 Las Palmas Drwe - Carlsbad. Callfornla 92009-l 576 - (619) 43R- 1 ll+l @
CITY OF CARLSBAD
DISCLOSURE STATEMENT
ATTACHMENT 2. Owner
The property is owned by a group known as the Ranch0 Carlsbad Tenants in Common
Group (“TIC”) comprised of the following ownership entities:
A. Fifty-one percent (51%) of the property is owned by the Carlsbad Resident Association,
Inc., a California non-profit mutual benefit corporation; its membership is the resident
households in the park [See, Attachment lA]; its investors members are a portion of the
resident households in the park [See, Attachment lB]; and, its Board of Directors are listed
on the Disclosure Statement, item number 4.
B. Forty-nine percent (49%) of the property is owned by three investor groups:
1. Brookvale Terrace Building Company, a California limited partnership, general
partners are Abraham and Frances Keh, 5200 El Camino Real, Carlsbad, CA 92008, (619)
438-0333;
2. Oak Shadows Building Company, a California limited partnership, general
partners are Abraham and Frances Keh, 5200 El Camino Real, Carlsbad, CA 92008, (619)
438-0333;
3. Carlsberg Ranch0 Ltd., a California limited partnership, general partners are
Abraham Keh and William Geary, c/o of Carlsberg Management Company, 2800 28th
Street, Suite 222, Santa Monica, CA 90405, (310) 450-9696; with the following limited
partners:
Carlsberg Mobilehome Properties, Inc. c/o of Carlsberg Management Company
[see, above];
Abraham and Frances Keh [see, above]
Brookvale Terrace Building Company c/o Abraham Keh [see, above]
Bruce Davis c/o 5200 El Camino Real, Carlsbad, CA 92008 (619) 438-0333
Steven Weed c/o 5200 El Camino Real, Carlsbad, CA 92008 (619) 438-0333
John Baldwin c/o Baldwin Pacific225 Broadway, Suite 1201, San Diego, CA 92101
(619) 232-8772
A.B.S. LLC c/o 5200 El Camino Real, Carlsbad, CA 92008 (619) 438-0333
There are five limited partners who comprise less than 10% of the project which are
not listed above.
47
400 ABBAMONTE
126 ACITELLI
341 ALLBERT
473 ALEXANDER
464 ALEXANDER
099 ALLEN
446 ALLISON
357 ALUOTTO
387 AMATO
409 ANDERMAN
105 ANDERSON
257 ANDERSON
321 ANDERSON
368 ANNABLE
428 ANTHONY
024 ARCHEY
242 ARTINGSTALL
423 AUGUST
355 AUS
008 AUSTIN
039 AVNER
469 AWERMANN
043 BAILEY
480 BALANCIO
255 BARNETT
466 BAUMAN
352 BAUMEISTER
343 BEATHARD
314 BECKER
179 BECXETT
007 BELL
364 BENJAMIN
236 BENJAMIN
305 BENTLEY
SANDRA
JACQUELINE
FLORENCE
LUTHER & JANE
ERIC
JUNE OX
BOB C LILLIAN
CHARLIE & CAROLINE
JOSEPH & STELLA
SAMUEL& BARBARA
LAVERNE
LEE & SOCORRO
WILBURN & PATRICIA
BYRON & LOUISE
GLENN 61 LYNN
FLOYD & JOYCE
IRENE
BILL & MARYJANE
HAROLD &I EDRIE
JOANNE
LILLIAN
MAURY & BLANCHE
JANE
BILL
JOHN & PAMELA
MAX 61 CELIA
ARTtGENNY
DOROTHY
DON h LORETTA
JOSEPH
HELEN
HERB
JEAN
CHARLES
3531 DON CARLOS 931-6748
5272 DON VALDEZ 931-1559
3461 DON LORENZO 438-1558
3439 DON JUAN 438-7422
3454 DON CARLOS 431-0665
5256 DON MIGUEL 431-0586
3449 DON CARLOS 431-7225
3440 DON ORTEGA 431-8262
3450 DON JUAN 931-1197
3530 DON JUAN 431-0921
5210 DON MIGUEL 431-2418
3432 DON JOSE 438-3137
3460 DON LORENZO 431-0565
3470 DON ORTEGA 931-1456
3443 DON ALBERT0 431-8480
3337 DON DIABLO 431-0037
3407 DON COTA 438-7859
3479 DON ALBERT0 438-9420
3434 DON ORTEGA 438-0915
3301 DON TOMASO 431-0123
3301 DON PABLO 438-2798
3461 DON JUAN 431-0227
3333 DON PABLO 431-9085
5460 DON FELIPE 438-0630
3420 DON JOSE 438-0932
3479 DON JUAN 438-0535
3431 DON LORENZO 4384203
3457 DON LORENZO 438-5259
3446 DON LORENZO 431-8195
5148 DON RODOLFO 431-6775
3302 DON QUIXOTE 438-4629
3460 DON ORTEGA 431-5344
3453 DON COTA 438-2332
3443 DON ARTURO 931-2600
339 BERNSTEIN
332 BERRY
001 BISHOP
277 BISHOP
127 BLOSSER
053 BLYTHE
035 BOCKSTAHLER
333 BOITANO
297 BOLKER
036 BOLTON
494 BOOK
468 BORGE
184 BORGE
291 BOTTO
280 BOWEN
128 BOWER
033 BRANN
220 BRAXTON
168 BRENDLE
350 BRINES
215 BRODER
170 BROWN
372 BRULEY
191 BRUSH
399 BUCH
065 BURGER
163 BYRNE
272 CALDERONE
410 CAREY
391 CARTER-BROWNING JEAN
149 CASPER WALTER & FRANCES
359 CASSETTA CASEY
019 CAVANAGH JOE & RUTH
084 CHAFFIN MILDRED
107 CHESTNUT WILLIAM & HELEN
107 CHESTNUT MARY
276 CHRISTY ROBERT & DOROTHY
AUDREY
JIM & HEIDI
CHUCK & PATSY
EARLEkBARBARA
BUD & EDNA
VERNON&JANETTE
LOUIS f RACHEL
JOSEPH ii BEVERLY
ELINOR
LAURIE
JIM & BETTY
HENRY
STAN & CAROL
AL c MARY
IRMA
DORIS
MARY
FRED
BETH
BARBARA
MARTIN
WARREN&RUTH
ED & HEATHER
FLORENCE
LOWELL
VERA
MARLENE
LEN c CAROL
CHARLES & JOANNE
3467 DON LORENZO 438-2650
3488 DON LORENZO 931-1224
3349 DON TOMASO 431-7427
3452 DON PORFIRIO 438-2671
5279 DON RICARDO 438-4514
3340 DON PABLO 431-8125
3328 DON DIABLO 431-8770
3485 DON LORENZO 931-9832
3488 DON ARTURO 438-8866
3318 DON DIABLO 431-1927
5414 DON LUIS 438-2240
3467 DON JUAN 438-4028
5168 DON RODOLFO 931-0955
3446 DON ARTURO 438-7570
3476 DON PORFIRIO 931-6645
5267 DON RICARDO 431-1045
3342 DON DIABLO 929-0458
5171 DON MATA 431-1932
5102 DON MATA 431-9784
3437 DON LORENZO 438-7489
5135 DON MATA 431-6987
5110 DON MATA 431-8601
3479 DON ORTEGA 931-1332
5190 DON RODOLFO 431-7462
3523 DON CARLOS 431-0476
5308 DON RICARDO 438-2918
5121 DON MIGUEL 431-2428
3415 DON JOSE 929-0659
3538 DON JUAN 431-5909
3464 DON JUAN 931-1978
5155 DON RICARDO 438-9340
3444 DON ORTEGA 438-0603
3302 DON TOMASO 931-8325
5354 DON MIGUEL 438-2867
5271 DON VALDEZ 931-6507
5271 DON VALDEZ 931-6507
3444 DON PORFIRIO 438-4726
415 CINIZO JOSEPH & GERALDINE
155 CLAY CARL & MILDRED
156 CLAY TONY
427 CLEVENGER RAY t PAT
157 COLE MARILYN
404 COLE RUTH
167 COLLIER ALVA C FRANCES
229 COLLINGS TUDY
413 COLUCCI STEPHANI
132 COLWELL ANNE
042 COOK BERTHA
114 COOPER ROY & MILDRED
379 COOPER ROYCE & ARLENE
456 COSTA DOROTHY
123 COULTER JUNE
094 COWPERTHWAITE MARGARET ANN
237 CRAMM GERALD &KATHLEEN
232 CRAWFORD DAVID &I JEAN
429 CRIDDLE PERCY &MARGARET
112 CROOK ANNE & LORAINE
260 CURTIS MEL C ELDORA
082 CUSHING VIVIAN
451 CUSTODERO STEPHEN t JUDITH
137A DATTAN
418 DAVENPORT
111 DAVIS
503 DAWES
374 DAWSON
377 DAWSON
076 DELTENRE
390 DEMARS
263 Di MINNO
302 DIETRICH
288 DINSMOOR
490 DITTUS
481 DONISTHORPE
038 DONLEY
HOWARD
JOYCE
JEAN
DAVID
TOM & ROSEMARY
CLIFFORD & BARBARA
DON & LETICIA
DONALD 61 ANITA
VINCENZO & JEANNE
GEORGE & LYDIA
TED & JEANETTE
JAKE & DOROTHY
NYLOTIS (NY)
JAMES & MILDRED
3571 DON JUAN 931-9566
5140 DON MIGUEL 431-2080
5146 DON MIGUEL 431-8840
3449 DON ALBERT0 931-1125
5157 DON MIGUEL 431-9245
3561 DON CARLOS 438-0512
5101 DON MIGUEL 431-1258
3406 DON COTA 438-3926
3562 DON JUAN 431-1498
5239 DON RICARDO 431-1906
3327 DON PABLO 931-8660
5217 DON VALDEZ 929-0624
3451 DON ORTEGA 438-9510
3422 DON CARLOS 930-1203
5246 DON VALDEZ 438-2591
5321 DON MIGUEL 931-6711
3445 DON COTA 431-8629
3430 DON COTA 438-0604
3437 DON ALBERT0 438-9441
5229 DON VALDEZ 929-9112
3450 DON JOSE 438-3795
5338 DON MIGUEL 931-5762
3429 DON CARLOS 431-8001
5163 DON RICARDO 431-2451
3547 DON JUAN 931-1635
5233 DON VALDEZ 431-1872
3428 DON JUAN UNLISTED
3473 DON ORTEGA 438-4058
3463 DON ORTEGA 930-9108
5367 DON RICARDO 431-1750
3462 DON JUAN 431-8005
3468 DON JOSE 431-0049
3461 DON ARTURO 931-5862
3435 DON PORFIRIO 438-0029
5438 DON LUIS 431-0629
5459 DON FELIPE 931-9285
3302 DON DIABLO 431-9540
-
444 DORNAY BALINT t MARGIT 3457 DON CARLOS 931-6771
401 DRAKE CHARLES & PATRICIA 3539 DON CARLOS 438-9454
045 DRIVER VICTOR & CELESTE 3343 DON PABLO 931-9943
480 DUNAVAN PAMELA 5460 DON FELIPE 438-0630
009 DUYSTER GERRY 3315 DON TOMASO 930-9288
365 EAGAN JACK & JEANNE 3462 DON ORTEGA 931-1458
175 ECKERT FRANK f GENEVIEVE 5132 DON RODOLFO 438-0613
008 EDELMAIER AL 3301 DON TOMASO 431-0123
394 EIFER BERNARD & ALEEN 3474 DON JUAN 931-9667
331 ENGELHARD WILLARD & RITA 3484 DON LORENZO 438-8125
349 ENGER KEN 3439 DON LORENZO 930-9678
160 ESSERT NEOMA 5139 DON MIGUEL 431-7548
020 FANNING
407 FARKAS
248 FARR
361 ,FELD
440 FILLA
496 FINDLEY
386 FISHER
382 FISHLOW
029 FLANIGAN
324 FOND
259 FORBES
479 FRADELIS
079 FRAKES
214 FRANKLIN
040 FRAZIER
362 FREER
217 FREY
397 FRISHKAN
470 FROEHNER
RITA
LOUIS & EMILY
GEORGE & NANCY
ALAN & DOROTHY
GEORGE & ROBERTA
JOHN & BOBBYE
NANCY
IRVING & EDITH
LARRY Ei NANCY
RUTH
PEGGY
MILTON C FRANCES
HOWARD
MURRAY t HELEN
ALLEN
ARTHUR
ARTHUR&JULIA
ARTHUR & JUANITA
HARRIET
3301 DON DIABLO 431-4712
3514 DON JUAN 931-0460
5342 DON ALVAREZ 438-8621
3450 DON ORTEGA 438-2361
3484 DON ALBERT0 438-3557
5455 DON LUIS 438-1255
3446 DON JUAN 438-0814
3441 DON ORTEGA 931-7686
3372 DON DIABLO 930-0109
3466 DON LORENZO 431-0426
3444 DON JOSE 431-2585
5452 DON FELIPE 438-1224
5318 DON MIGUEL 431-7226
5129 DON MATA 438-1785
3317 DON PABLO 931-0267
3454 DON ORTEGA 929-0454
5151 DON MATA 438-7866
3505 DON CARLOS 438-1905
3455 DON JUAN 431-2262
5-I
447 FROMM TUCKIE
311 FULLERTON RALPH&JOANN
328 FUSCO GENE
195 GAGE
281 GANGNATH
203 GARBER
293 GAVIT
482 GIBBIA
173 GIBSON
441 GIGLIOTTI
417 GILBERT
307 GINDY
198 GITTINGS
147 GOLD
238 GOODMAN
003 GOSSELIN
342 GRAY
142 GRAY
204 GRAYBILL
013 GREENE
148 GREENE
367 GREGORY
325 GRIEPP
380 GRONQUIST
436 GROSFLAM
152 GROSHNER
254 GUESS
408 GULIZIA
JULES & HELEN
MARCELLA
JERRY 61 LIZ
WILMA
HANK & BONNIE
JAMES&MARY
JOE & LUCILLE
BABETTE
TEX
CURTIS C ADA
MORTON
JOSEPH & ANNETTE
AL 6 ESTHER
CLYDE & EMILY
RUSS C MIEP
DOROTHY
CLAIRE
BETTY
JOANNE
SHERRY
MARIE
JAMES & FLORANCE
ROBERT
JOSEPH & BARBARA
RICHARD &I SHARON
3445 DON CARLOS 438-0853
3438 DON LORENZO 431-1011
3476 DON LORENZO 438-5821
5163 DON RODOLFO 438-8051
3489 DON PORFIRIO 438-6896
5166 DON MATA 931-1038
3458 DON ARTURO .438-2615
5451 DON FELIPE 931-2537
5124 DON MATA 438-4328
3490 DON ALBERT0 438-0666
3555 DON JUAN 438-5349
3431 DON ARTURO 438-3071
5139 DON RODOLFO 431-1147
5141 DON RICARDO 931-9094
3437 DON COTA 931-0178
3338 DON QUIXOTE 931-7947
3459 DON LORENZO 931-1668
5118 DON RICARDO 438-4211
5158 DON MATA 438-1676
3347 DON TOMASO 438-9242
5147 DON RICARDO 431-7627
3468 DON ORTEGA 438-1492
3468 DON LORENZO 431-7222
3445 DON ORTEGA 438-4372
3454 DON ALBERT0 931-6561
5120 DON MIGUEL 931-8003
3414 DON JOSE 931-0335
3522 DON JUAN 438-5563
381
022
018
477
202
396
190
264
161
005
223
125
256
392
433
219
474
351
189
384
055
398
015
486
308
354
059
177
471
153
443
HALEY
HALPRIN
HALVERSON
HAMPSON
HANLEY
HANLEY
HARDMAN
HARDY
HARMUTH
HARRIS
HARRIS
HARRIS
HART
HART
HARTMAN
HARTZELL
HATCH
HEATHMAN
HEEP
HELFRICH
HESTER
HEUER
HIERLIHY
HILL
HILL
HILL
HILLIARD
HOBSON
HODGES
HUTCHINSON
MADELYN 3443 DON ORTEGA 438-3894
ALDEA 3321 DON DIABLO 431-1659
NEL 3314 DON TOMASO 931-1116
RONALD 5434 DON FELIPE 931-0194
EDWARD & YOU WEN 5172 DON MATA 438-8609
WILLARD t-PATRICIA 3502 DON CARLOS 931-9219
MALCOLM & ELEANORE 5188 DON RODOLFO 931-8422
EARLLEV 3474 DON JOSE 438-5356
GISELA 5133 DON MIGUEL 438-1768
JAY t JEANNE 3322 DON QUIXOTE 931-6540
LYLE & MARIAN 3443 DON ALVAREZ 431-2712
REED & ANITA 5268 DON VALDEZ 431-0183
VIOLA 3426 DON JOSE 438-8266
JANICE 3468 DON JUAN 431-7396
JOHN 3430 DON ALBERT0 720-9904
MARTIN & FRANCES 5163 DON MATA 931-7663
RAY & MARY 5410 DON FELIPE 438-4483
OLGA 3433 DON LORENZO 431-7250
PHILLIP & LEOTA 5186 DON RODOLFO 438-1570
MARIE 3435 DON ORTEGA 431-1915
BILL & JEAN 5376 DON RICARDO 931-1519
DAYL 3515 DON CARLOS 438-2617
LEE 3340 DON TOMASO 438-1275
MORLEY & MILDRED 5419 DON FELIPE 931-6543
CATHEY 3430 DON LORENZO 929-9260
ELTON & PEGGY 3432 DON ORTEGA 431-6710
GEORGE & MARJORIE 5348 DON RICARDO 931-7961
EVERETT & JOAN 5140 DON RODOLFO 431-7636
DENIS h DOROTHY 3449 DON JUAN 431-2260
BERT & GERALDINE 5126 DON MIGUEL 438-2054
ERNEST 3461 DON CARLOS UNLISTED
53
"1-J"
208 JACKSON
178 JAFFE
338 JAMES
250 JENNINGS
295 JOHNSON
243 JOHNSON
093 JOHNSON
054 JOHNSON
044 JOHNSON
493 JOHNSON
014 JOHNSTON
369 JOINER
334 JONES
174 JOURDAN
216 JULE-MINE
346 JUSTIS
323 KARCHER
327 KARNEY
273 KAUFMAN
485 KEIM
192 KELLEY
462 KEIRSTEN
063 KESSLER
228 KIEPLER
025 KING
225 KINNEY
116 KINNEY
137 KIRKWOOD
034 KLINGBEIL
ED & MARILYN
JACK & SONJA
LLOYD&JUNE
SHIRLEY (SAM)
BILL &I MERLE
DOLORES -
FLOYD
IRENE
JOANNE
LARRYhMARGE
KENDEL &MARGARET
BARBARA
GRETA
CHERIE
DOREEN
LWENA
"K"
JOANN
LOUIS
PAULINE
GORDON
WIN 61 CATHERINE
LOUISE
ALBERT & JOAN
CHRISTINA
GEORGE t SHIRLEY
EDITH
MEDA
DAVID & JO ANN
ROBERT & RUTH
188 KOCHENDORFER RUTH
316 KOENIG FLORENCE
062 KOHL DORIS
282 KOOPERXAN BOB & MARY (GERI)
267 KOPLOF
5128 DON MATA 929-9609
5144 DON RODOLFO 931-8002
3469 DON LORENZO 431-8179
5358 DON ALVAREZ 438-8117
3472 DON ARTURO 438-3775
5302 DON ALVAREZ 438-0826
5327 DON MIGUEL 438-3767
5382 DON RICARDO 438-2122
3339 DON PABLO 438-2569
5422 DON LUIS 431-2795
3348 DON TOMASO 431-8688
3474 DON ORTEGA 438-3217
3481 DON LORENZO 931-8354
5128 DON RODOLFO 931-8776
5143 DON MATA 438-2064
3447 DON LORENZO 438-1575
3464 DON LORENZO 431-7537
3472 DON LORENZO 438-5070
3420 DON JUAN 438-9687
5427 DON FELIPE 438-3116
5192 DON RODOLFO 931-6634
3446 DON CARLOS 438-4920
5320 DON RICARDO 431-1049
3405 DON ALVAREZ 931-8682
3345 DON DIABLO 931-1000
3427 DON ALVAREZ 431-2029
5201 DON VALDEZ 931-7685
5165 DON RICARDO 431-0106
3336 DON DIABLO 931-1485
5184 DON RODOLFO 438-3386
3450 DON LORENZO 438-0351
5328 DON RICARDO 438-5011
3481 DON PORFIRIO 438-0544
3457 DON JOSE 931-0732
419
274
081
437
030
478 LAFONTAINE YOLANDE 5442 DON FELIPE 929-0078
304 LAIR CLAIR & SHARON 3449 DON ARTURO 930-0132
420 LARKIN MARGARET 3497 DON ALBERT0 431-9908
154 LARSON GENE C BETTY 5134 DON MIGUEL 438-2964
093 LARSON HERBERT 5327 DON MIGUEL 438-3767
458 LAVEILLE JACK & BONNIE 3430 DON CARLOS 438-4280
340 LAZARONI AUDREY 3465 DON LORENZO 438-4739
108 LAZENBY DON C NORMA 5265 DON VALDEZ 438-5429
457 LEAVY GWEN 3426 DON CARLOS 431-2863
067 LEFTWICH DENHAM&BARBARA 5301 DON RICARDO 431-5799
489 LEICHTER MARTIN 5454 DON LUIS 931-7616
317 LEMPART GEORGE 6 MARGARET 3499 DON PORFIRIO 438-3266
329 LEONE YOLANDA 3478 DON LORENZO 929-0499
186 LEWIS CURT & HELGA 5176 DON RODOLFO 438-0750
287 LIDDELL KENNETH & ANN 3441 DON PORFIRIO 431-2820
002 LIEBERMAN OLIVE 3346 DON QUIXOTE 431-0274
200 LINGAN JANET 5123 DON RODOLFO 431-8495
072 LOGAN VICTOR L JOAN 5335 DON RICARDO 931-1418
048 LONGENECKER ROBERT & RUTH 3361 DON PABLO 438-0906
162 LOWE BETTY 5127 DON MIGUEL 931-1735
064
196
131
166
275
326
279
KOSCIELSKI CHUCK & ED1 3539 DON JUAN 431-5795
RAY & JUSTINE 3438 DON JUAN 438-1106
KRIMIAN JERRY & PAT 5330 DON MIGUEL 438-4122
KUHNS JOE & HELEN 3462 DON ALBERT0 431-4716
KURTH HERMAN & PAT 3366 DON DIABLO 431-8119
IIL"
MACDONALD JOHN &MARY 5314 DON RICARDO 438-3246
MAGNES HERB 6 DOLORES 5155 DON RODOLFO 431-0094
MILDRED 5241 DON RICARDO 931-0932
MAHRDT WILLIAM & GLORIA 5105 DON MIGUEL 438-1811
MAJORE LEONARD C FRANCES 3434 DON PORFIRIO 431-5246
MALEN WALTER & ELEANOR 3470 DON LORENZO 438-1540
MALINOFSKY SOLOMON & TERESA 3468 DON PORFIRIO 931-7735
-
212 MANNING CATHERINE
139 MARCHETTA MARIE
501 MARKELL-SAAR CAROL
113 MARSH
138 MARSTON
416 MARTIN
239 MAY
305 MAYER
124 MCCORMICK
049 MCCOY
311 MCCRACKEN
100 MCDERMOTT
181 MCELHINNEY
130 MCGARRY
378 MCGUIRK
359 MCKINZIE
322 MCLEOD
265 MCLEOD
110 MCLOUGHLIN
205 MEDLIN
227 MELLINGER
375 MENDELSOHN
385 MENYES
459 MERRITT
315 MERRY
109 MEZITS
240 MILLER
414 MILLER
119 MILLIGAN
047 MITCHELL
241 MOLLE'
116 MONTGOMERY
172 MONT1
222 MOORE
402 MORNING
234 MUNRATH
187 MURPHEY
GEORGE & EVELYN
CHARLES &I ARDYTH
MICKEY & EDIE
CORALIE
NORM 61 GIN1
WILLIAM h SHIRLEY
JOANN
WILLIAM & MAVIS
BESS
NORMAN & DOROTHY
RUTH
DANA
FRANK c MARY
NORMAN C ANGIE
JAMES h AKIKO
GENE
LEONARD b JOAN
EDITH
ANDREW
GRETCHEN
DON & EILENE
JOHN & DESNIT
BAYARD 61 WILMA
DAN C LENA
JOHN & DORIS
JANE
ROBERT & MARIA
RENEE
CHARLIE
TED & GLENNA
MILDRED
EARL & ALICE
JOHN 61 LOIS
5115 DON MATA 431-8249
5144 DON RICARDO 929-0974
5415 DON LUIS 930-9623
5223 DON VALDEZ 431-0081
5152 DON RICARDO 431-0555
3563 DON JUAN 431-9382
3429 DON COTA 931-2685
3443 DON ARTURO 931-2600
5258 DON VALDEZ 431-1779
3367 DON PABLO 929-0452
3438 DON LORENZO 431-1011
5244 DON MIGUEL 931-6962
5156 DON RODOLFO 438-2983
5256 DON RICARDO 929-2817
3457 DON ORTEGA 931-9165
3444 DON ORTEGA 434-0603
3462 DON LORENZO 931-0143
3475 DON JOSE 431-0286
5245 DON VALDEZ 438-3704
5150 DON MATA 931-1345
3411 DON ALVAREZ 931-1915
3471 DON ORTEGA 931-9052
3433 DON ORTEGA 431-0327
3434 DON CARLOS 438-9657
3448 DON LORENZO 931-8058
5257 DON VALDEZ 431-1002
3421 DON COTA 438-3489
3570 DON JUAN 438-3157
5218 DON VALDEZ 931-0024
3355 DON PABLO 931-6712
3413 DON COTA 438-1593
5201 DON VALDEZ 931-7685
5120 DON MATA 929-9175
5183 DON MATA 931-0341
3545 DON CARLOS 931-1172
3446 DON COTA 438-1852
5180 DON RODOLFO 438-8039
IINII
424 NASH
500 NAYLOR
389 NEAL
380 NEFF
472 NELSON
455 NEWLAND
439 NEWMAN
438 NEWTON
318 NICKLIN
252 NIGH
082 NORIN
269 NORTH
303 NYBOER
191 O'BRIEN
165 O'BRYAN
249 O'DEA
249 O'DEA
475 O'ROURKE
150 OLIVER
136 OMITT
194 OOSTEROM
097 ORONA
028 OTTING
452 OVERMIRE
341 OZDOWSKI
THOMAS & LEE
WILLIAM C JEAN
ROBERT t BETTY
DICK
THELMA
BILL & MYRTLEMAE
PAUL & MINDE
ROSS & AILEEN
GERALD & JOAN
ALTON & PEGGY
HERB
GEORGE t RITA
CARL&RUTH
n(yl
CONCETTA
TEX & SIMONE
MAUREEN
MARTIN
ELIZABETH
LUCILLE
LEE 6 DORINE
HARRY&BETTE
WALLY & BONNIE
WARREN & HELEN
MILT & JAN
DANIEL
3471 DON ALBERT0 931-8721
5423 DON LUIS 438-8472
3458 DON JUAN 931-5830
3445 DON ORTEGA 438-4372
3443 DON JUAN 438-7678
3418 DON CARLOS 438-0913
3476 DON ALBERT0 931-9228
3468 DON ALBERT0 438-0833
3454 DON LORENZO 603-9077
3402 DON JOSE 929-9146
5338 DON MIGUEL 931-5762
3441 DON JOSE 438-4173
3455 DON ARTURO 930-0545
5190 DON RODOLFO 431-7462
5109 DON MIGUEL 931-1184
5350 DON ALVAREZ 431-1319
5350 DON ALVAREZ 431-1319
5418 DON FELIPE 929-0545
5108 DON MIGUEL 431-2434
5201 DON RICARDO 431-6769
5198 DON RODOLFO 438-1288
5270 DON MIGUEL 431-5679
3378 DON DIABLO 438-9218
3425 DON CARLOS 438-3364
3461 DON LORENZO 438-1558
llpll
299 PANTHER CORA
226 PARIS WILLIAM &RUTH
484 PATRICK ZENOVIA (SAM)
080 PAURAZAS MARY JANE
425 PEDLOW GRAHAM&MARY
146 PENTELEI-MOLNAR HELEN
337 PETERSON J.P.
168 PHILLIPS DOYLE
070 PHILLIPS JULIAN & JOY
073 PICCIANO NICK &RUTH
004 PICCINI ROCCO & DIANE
498 PIRRET IRMA
151 POHL VIRGINIA
183 POLLEY JACK & EVELYN
231 PONTAC DAVID & DORIS
403 PORTANTE JOHN 61 LINDA
450 PORTER MARY (DE DE)
087 POWELL DOUGLAS C EDIE
360 POWRIE MALCOLM & ROSEMARY
011 PREJEANT ALBERT
445 PROVOST MILDRED
176 PRUITT RAYNEL
031
465
412
348
216
366
078
371
023
434
294
061
RADTKE
RANSIL
RAYNER
REED
REED
REEDER
REGFNER
RENO
RHOADS
RICHARDSON
RICHTER
RICKERT
GWEN 3358 DON DIABLO 438-4779
KAREN 3458 DON CARLOS 929-2807
BARBARA 3554 DON JUAN 930-0040
SECIL 3443 DON LORENZO 931-7924
ROSS 5143 DON MATA 438-2064
MILTON & MARY 3466 DON ORTEGA 438-2239
HELEN PAULSON 5310 DON MIGUEL 431-0294
JIM & ELVA 3534 DON CARLOS 438-4892
JAMES 3329 DON DIABLO 929-8605
BUD & EDNA 3438 DON ALBERT0 931-8754
ARTHUR & DORIS 3464 DON ARTURO 431-5278
ELMER & NANCY 5336 DON RICARDO 931-8124
3479 DON ARTURO 431-5715
3419 DON ALVAREZ 931-9110
5435 DON FELIPE 931-5977
5324 DON MIGUEL 929-9721
3463 DON ALBERT0 438-5026
5135 DON RICARDO 431-7610
3471 DON LORENZO 438-3203
5102 DON MATA 431-9784
5321 DON RICARDO 438-4194
5343 DON RICARDO 931-1544
3330 DON QUXOTE 929-0777
5439 DON LUIS 438-5470
5114 DON MIGUEL 431-9455
5164 DON RODOLFO 931-8017
3422 DON COTA 438-9490
3553 DON CARLOS 930-9229
3433 DON CARLOS 431-7572
5373 DON MIGUEL 431-9625
3446 DON ORTEGA 431-0163
3331 DON TOMASO 431-0756
3453 DON CARLOS 931-9853
5136 DON RODOLFO 438-8377
349 RIMER SANDY
056 ROBERTS JANICE
209 ROBINSON ED &I EDITH
118 ROBINSON JUNE
300 ROCHAMBEAU LLOYD & JOAN
377 ROMAINE BARBARA
058 ROMICK MICHAEL
164 ROPER MARJORIE
449 ROSS1 YVONNE -
126 ROUND LYNDA
141 RUEBEL JOE C JEAN MARIE
197 RUTHERFORD DOROTHY
046 RYFLE OSCAR & MARILYN
501
210
089
075
159
376
345
415
364
383
504
230
037
262
180
016
347
140
421
283
335
253
487
224
096
CHARLES & CAROL
MAGIC f PAT
FRED & WINIFRED
ARTHUR & DORIS
AUDRE
FLOYD &I PEGGY
MARVIN &I IDA
VERN
SAAR
SABOURIN
SANDERS
SANDIN
SCHAUMLEFFEL
SCHENK
SCHNEIDER
SCHOENFELDER
SCHOOLEY
SCHUMACHER
SCHWAB
SCOTT
SEERY
SELKOWITZ
SHADRICK
SHAW
SHUHART
SIEGEL
SIMES
SIMMONS
SIMON
SIMPSON
SIMPSON
SINCLAIR
SIOSON
PRISCILLA
HOWARD & EVELYN
RON
MARION
LILLIAN
DAVID & EVELYN
ROGER & PEGGY
JAMES
ALBERT & RUTH
CHARLES
RONALD C ESME
TROY &I JEAN
SID & JEANNE
OSCAR h GAIL
MARIA
GEORGE C WINNIE
ERNEST0
3439 DON LORENZO 930-9678
5370 DON RICARDO 431-7204
5117 DON RODOLFO 431-0222
5208 DON VALDEZ 431-7996
3473 DON ARTURO 438-3404
3463 DON ORTEGA 930-9108
5356 DON RICARDO 438-2586
5115 DON MIGUEL 431-1046
3437 DON CARLOS 930-9080
5272 DON VALDEZ 931-1559
5128 DON RICARDO 438-3627
5147 DON RODOLFO 438-3034
3349 DON PABLO 431-7192
5415 DON LUIS 930-9623
5101 DON MATA 603-0890
5357 DON MIGUEL 931-0544
5359 DON RICARDO 431-0179
5145 DON MIGUEL 438-9652
3467 DON ORTEGA 438-4054
3449 DON LORENZO 438-3253
3555 DON JUAN 438-3493
3460 DON ORTEGA 431-5344
3439 DON ORTEGA 931-9220
3442 DON JUAN UNLISTED
3414 DON COTA 438-2768
3312 DON DIABLO 438-3778
3462 DON JOSE 431-2930
5152 DON RODOLFO 438-2468
3332 DON TOMASO 438-4192
3445 DON LORENZO 431-2658
5136 DON RICARDO 931-5714
3491 DON ALBERT0 431-0959
3473 DON PORFIRIO 931-1163
3479 DON LORENZO 931-6896
3408 DON JOSE 438-8387
5411 DON FELIPE 931-9578
3435 DON ALVAREZ 438-4819
5301 DON MIGUEL 438-4141
454 SIROVY
006 SKINNER
312 SLATTER
095 SMITH
298 SMITH
363 SMITH
135 SNAVELY
057 SNELSON
244 SNOW
086 STANLEY
245 STARK
207 STEADMAN
492 STIER
213 STINE
017 STODDARD
211 STOLMAKER
160 STONE
050 STORTI
460 STORY
388 STRACK
251 STRINZ
169 STURLA
330 SULLIVAN
426 SUMMIT
292 SUMMITT
102 SWARTFAGER
454 TANDY
310 TARR
120 TAYLOR
406 TAYLOR
453 TEN EYCK
344 TERSOLO
145 THALHEIMER
027 THOMASON
284 THOMPSON
356 THOMPSON
319 THORNBURG
ROBERT
WALTER &AMY
RONALD & JOAN
DEAN&KAREN
EMERSON t BARBARA
GLENNIS & BETTY
QUENTIN & HELEN
CLIFTON & JENNY
CLYDE L JEAN
HELEN
ALLAN C MARGARET
FRED 6 HELEN
MILLIE
MARGARET
ROBIN
CHARLOTTE
LENORE
ANTHONY & NORMA
LAURENCE
RAY & EVELYN
ALENE
BERNIECE
JOE & PHYLLIS
AL & EVELYN
ROBERT & BARBARA
LOUIS & MARJORIE
DOROTHY
ERNEST
RUTH
EUGENE 61 SHELBY
SUE
REM0 C MARGARET
EDITH
MARTY
DAVID & JUNE
LORRAINE
MONTE & DIANE
3414 DON CARLOS 941-2080
3314 DON QUIXOTE 431-9779
3442 DON LORENZO 431-0382
5313 DON MIGUEL 931-6586
3485 DON ARTURO 431-9250
3456 DON ORTEGA 931-0769
5211 DON RICARDO 431-6727
5364 DON RICARDO 431-1324
5310 DON ALVAREZ 438-7300
5370 DON MIGUEL 931-0268
5318 DON ALVAREZ 438-0244
5132 DON MATA 931-8511
5430 DON LUIS 438-1984
5121 DON MATA 438-8875
3324 DON TOMASO 930-9208
5107 DON MATA 431-0944
5139 DON MIGUEL 431-7548
3373 DON PABLO 431-2465
3438 DON CARLOS 931-9101
3454 DON JUAN 431-7802
5366 DON ALVAREZ 438-0820
5106 DON MATA 930-0773
3480 DON LORENZO 438-7578
3455 DON ALBERT0 931-8336
3452 DON ARTURO 431-0119
5230 DON MIGUEL 931-8755
3414 DON CARLOS 941-2080
.3436 DON LORENZO 929-8389
5228 DON VALDEZ 431-0153
3506 DON JUAN 931-1935
3410 DON CARLOS 931-1814
3453 DON LORENZO 438-5130
5125 DON RICARDO 931-0455
3384 DON DIABLO 438-0543
3465 DON PORFIRIO 438-4016
3438 DON ORTEGA 438-8815
3456 DON LORENZO 431-7260
.I -
395 THOURES TED 3478 DON JUAN 929-8291
442 THURMAN BUNNY 3496 DON ALBERT0 431-0970
246 TROUSDALE RANDALIN 5326 DON ALVAREZ 603-9121
431 TWISS JOHN & NANCY 3420 DON ALBERT0 438-3630
320 ULYATE CONWAY & DOROTHEA 3458 DON LORENZO 438-8035
190 UTZELMAN LORRAINE 5188 DON RODOLFO 931-8422
393 VAN BOENING
483 VERMILLION
488 VIENNEAU
281 VITTORI
334 VOLGAMORE
405 VOLGENAU
133 VRIELINK
083 VAHLE TERESA
8215 VAN ALSTYNE LILLIAN
KATHLEEN
HENRY
CARL & PHYLLIS
ANNA
MARILYN
HOWARD & ELEANOR
LYDIA
021 WALTER
432 WALTER
060 WARREN
182 WATSON
278 WEBB
089 WEBER
258 WEINBERG
402 WEKSLER
179 WELLS
MIA
MAER & VIRGINIA
JEAN
HARRIET
SUE
HUGH
BETTY
SID & DELORES
ANNE
286 WERTZ-OOSTEROM BETTE
467 WHALEY LIN
5346 DON MIGUEL 931-0575
5135 DON MATA 431-6987
3472 DON JUAN 931-0089
5443 DON FELIPE 931-9721
5405 DON FELIPE 931-9525
3489 DON PORFIRIO 438-6896
3481 DON LORENZO 931-8354
3569 DON CARLOS 931-1335
5227 DON RICARDO 438-0339
3311 DON DIABLO 431-7030
3424 DON ALBERT0 931-1858
5342 DON RICARDO 438-0549
5160 DON RODOLFO 929-0451
3460 DON PORFIRIO 438-3129
5357 DON MIGUEL 931-8089
3438 DON JOSE 438-1297
3545 DON CARLOS 931-1127
5148 DON RODOLFO 431-6775
3447 DON PORFIRIO 438-5307
3473 DON JUAN 931-9330
-
066 WILLIAMS
499 WILLIAMS
435 WILLIS
422 WILLSON
289 WILSON
448 WILSON
158 WINNER
430 WOLFER
068 WOLFORD
261 WOODCOCK
134 WOODS
074 WRIGHT
DON & RAMONA
BEVERLY
EUGENE C STELLA
DONALD & CATHERINE
DOROTHY
RAQUEL
NORMA
LEN h ROSE
BYRON C EVELYN
HARRY & ALICE
MILDRED
EDITH
5302 DON RICARDO 438-0920
5431 DON LUIS 438-8176
3446 DON ALBERT0 438-1345
3485 DON ALBERT0 431-8116
3432 DON ARTURO 438-2709
3441 DON CARLOS 431-2584
5151 DON MIGUEL 931-9496
3431 DON ALBERT0 438-0777
5307 DON RICARDO 929-1804
3456 DON JOSE 929-1040
5215 DON RICARDO 931-1391
5351 DON RICARDO 438-0064
290 YARCHIN SAMUEL &I MARY (KITTY) 3440 DON ARTURO 431-1788
268 YOLLES ARTHUR & IDA 3449 DON JOSE 431-8192
201 ZWER JOANN 5178 DON MATA 931-6923
II ’ i* 1. 1 ii I
-. EXHIBIT “ZZ”
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96004/RMHP 96-01
. _. EXHIBIT “VWV”
NOTICE OF INTENT TO CONVERT; NOTICE OF CHANGE 0~ USE:;
90 DAY RIGHT OF FIRST REFUSAL; INTENTION TO FILE
APPLICATION FOR PUBLIC REPORT
TO: THE RESIDENTS AND HOME OWNERS OF Ranch0 Carlsbad Country Club
Estates LOCATED AT 5200 El Camino Real, City of Carlsbad,
County of San Diego, State of CALIFORNIA.
PLEASE TAKE NOTICE, that pursuant to Subdivision Map Act,
Government Code Section 66452.9, the Carlsbad Resident Association,
Inc., a California non-profit mutual benefit corporation; Carlsberg
Ranch0 Ltd., a California limited partnership; Brookvale Terrace
Building Company, a California limited partnership; Oak Shadows
Building Company, a California limited partnership
(collectively,"Owner") is giving you this Notice of Intent to
Convert ("Notice") . This Notice is to inform you that on or after
December 1,1995, the Owner intends to file an application to convert Ranch0 Carlsbad Country Club Estates (tlParkl') from a rental
mobilehome park to a resident owned mobilehome park through a Planned Unit Development (PUD) and/or air' space condominium interests. In connection with the conversion, the Owner shall file a Tentative Map/Certificate of Compliance or such other maps as the may required with the City of Carlsbad; or alternatively, shall request a waiver of the Tentative Map.
PLEASE TARE FURTHER NOTICE, on or after December 1, 1995, the Owner
may be appearing before the City of Carlsbad Planning Commission
and/or City Council to request a change of use of the Park from the present form of ownership to a subdivided ownership, and that you
shall be given at least fifteen (15) days prior notice of the
date(s) of each hearing for which notice of the above application(s) are required pursuant to Government Code Sections 66451.3 and 66452.5. You have the right to appear and the right to be heard at any such hearing.
PLEASE TAKE FURTHER NOTICE, that in connection with the conversion
of the Park, an application shall be submitted to the California Department of Real Estate for a final public report for the sale of units(spaces) within the Park. The final public report will be made available to all occupant residents and owners of homes in the Park upon its issuances.
PLEASE TAKE FINAL NOTICE, that under California law, you, as a
resident in a mobilehome park which is being converted to resident ownership through subdivided condominium interests, are provided a
period of ninety (90) days from the date of the issuance of the final public report by the California Department of Real Estate, in
1
.
which to decide whether or not you are willing and/or able tc purchase the space you occupy. Upon issuance of the final public report, you will be notified and given the right of first refusal to purchase your space.
These Notices are given to you pursuant to California Government
Code Sections 66452.9, 66427.1(d), 66427.1(a), and California Civil
Code Section 798.56(f) (1).
Date: September 15, 1995
The Carlsbad Resident Associat&on, Inc.
Carlsberg Ranch0 Ltd.
Brookvale Terrace Building Cosapany
Oak Shadow Building Company
By: L. Sue Loftin
By: Steven Weed
mf:doce\ntc-intn.mrc
2
EXHIBIT ‘*XX’?_
ANT IUCT REPOR3:
NCHO CA-AD COI JNTRY CLUB ES-
Februiuy 70.1996
1. Purpose of-
This Tenant Impact Report (TIR) is being prepared pursuant to Section 66427.5 of
the Subdivision Map Act. Whenever a mobilehome park is converted to another use, the
Subdivision Map Act, found in the California Government Code, requires the entity
which is converting the park to file a report on the impact that the conversion to another
use will have on the residents of the park. For the purposes of this TIR, the term
“resident” will mean registered homeowner.
“Conversion to another use,” typically, means closure of the park in connection
with preparing the property for a use other than for mobilehomes. To accomplish the
park closure as a condition prior to constructing new and different facilities, the residents
must move their homes and themselves from the park. While conversion of a rental
mobilehome park to a resident-owned mobilehome park is legally classified as a “change
of use” under California law, a more accurate description of what occurs would be a
change of method of ownership. Ranch0 Carlsbad is not being closed, and its
residents arc not being asked to vacate the property; rather, residents arc being
offered the choice of acquiring fee title to their individual spaces, or of continuing to
rent their spaces under substantially the same terms as they have in the past. The
main purpose of this TIR, therefore, is to show that the residents of Ranch0
Carlsbad will not be advcrscly affected by the conversion and subdivision of the
Park, and that the conversion will result in neither the actual nor economic
displacement of Park residents.
As of February 20, 1996, 193 resident households have tenancies in the park that
are controlled by written rental agreements or leases having remaining terms of more than
one month. All of these leases were entered into prior to October 1, 1995 (the date that
the Park began distributing written disclosures to prospective tenants advising that the
Park was in the process of being subdivided). In addition, 278 resident households have
month-to-month tenancies in the Park that are controlled by written or unwritten rental
agreements, or that were created by a “hold-over” from earlier lease agreements. Of
these, 10 resident households (“new residents”) first purchased their homes on or affcr
October 1, 1995. A rent roll showing the name, rent, and lease expiration date of every
homeowner in the Park as of February 20, 1996 is attached to this TIR as Exhibit A. At
the time that the Department of Estate Public Report is issued, an updated rent roll will be
submitted to the City of Carlsbad.
Ranch0 Carlsbad residents have tenancy rights as set forth in their existing leases
or rental agreements; there are currently four different variations of leases or rental
agreements in Ranch0 Carlsbad, examples of which are attached as Exhibit B. Residents
also have tenancy rights as contained in California Civil Code 798 ef. seq. (the
Mobilehome Residency Law), other applicable California statutory and case law, and
local ordinances of the City of Carlsbad.
I - 3. 00 Upon C.omaim
The Park owner, pursuant to the Government Code and the Mobilehome
Residency Law, has the right to terminate existing tenancies and require residents to
vacate the property so that the land may be used for other purposes. Through this TIR,
however, the Park owner formally waives the right to terminate any tenancies or require
that residents vacate the property due to its change of use. Despite the conversion of
Ranch0 Carlsbad to resident ownership, all residents will have the option of continuing
to rent their spaces under existing leases or rental agreements or under new leases to
be offered by the Park owner (see 4.2 below).
. the ConvW
4.1 NoS
Ranch0 Carlsbad’s owner, the Tenant in Common Group, has specifically waived
its right to require that all residents vacate the property as part of the conversion to
another use. Furthermore, the Park owner will not require that existing residents
purchase their spaces as a condition of remaining in the park (see Section 3 above).
Therefore, there will be no actual eviction or displacement of any resident by reason of
the Park’s conversion to resident ownership.
2
4 3 . . veIncreases- No FcoaQrmc I),- ofResidents
Government Code Section 66427.5, as well as the State of California’s
Mobilehome Park Resident Ownership Program (MPROP), mandates that the subdivider
of a mobilehome park offer certain rent protections to residents who choose not to
purchase their spaces. The specific nature of these protections depends upon whether a
particular resident is “lower income” or “non-lower income” as defined by the Health and
Safety Code; it also depends upon whether the resident was already living in the Park
prior to the beginning of the Park purchase negotiations. Note that the beginning of the
conversion effort for Ranch0 Carlsbad (the “Conversion Initiation Date”) is. for the
purposes of this TIR, taken to be September 29, 1994 (the date of the first written and
accepted offer to purchase the Park from the Bankruptcy Trustee, attached here as Exhibit
0 Based on these two distinctions, the Government Code and MPROP identify three
different groups of homeowners, each with its own level of mandated rent protection. For
Ranch0 Carlsbad, these three groups and corresponding rent protections are as follows:
(a) Definition: All residents who have purchased their homes a&r
the “Conversion Initiation Date,” and who have been provided with written notice that the
Park is in the process of conversion. For Ranch0 Carlsbad, the Conversion Initiation
Date has been determined to be September 29, 1994; however, written “Notice to
Prospective Tenants” disclosures (attached as Exhibit D) were not given out until October
1, 1995. Residents who were new to the Park on or after October 1, 1995 therefore
comprise the first class of homeowner. A rent roll as of September 30, 1995 is attached
to this TIR as Exhibit E.
W Benefits Residents in this group do not qualify for special rent
treatment; however, like all Park residents. a member of this group has the choice of
either purchasing his or her space or of continuing to rent that space under the rental
agreement he or she already has in place.
(a) aeftnition: All residents who have owned homes in the Park since
at least October 1, 1995 but who do not qualify as “lower-income” according to Health
and Safety Code Section 50079.5 (or who arc lower-income, but do not occupy their
home as their principal residence at the date of issuance of the Public Report).
O-9 Benefits The Subdivision Map Act, Section 66427.5 (d)l,
provides that rents for non-purchasing, non-lower income residents “may increase from
the preconversion rent to market levels, as defined in an appraisal conducted in
accordance with nationally recognized professional appraisal standards, in equal annual
increases over a four year period.” However, in the case of Ranch0 Carlsbad, the Park is
waiving its right to ask for “increases to market” other than usual increases based on CPI
changes. Since the Conversion Initiation Date, Group 2 residents have received annual
CPI increases of 2.6% in .January 1995 and 1.3% in January 1996. To insure that non-
purchasing Group 2 residents confinue to receive CPI rent protections throughout the
remainder of the mandated four-year benefit term (to December 3 1, 1998), a special
“Conversion Lease” will be offered, at the time the Public Report is issued, that
formalizes these protections (attached as Exhibit F). Each non-purchasing Group 2
resident will have a choice of either accepting this Conversion Lease, or of continuing to
reside in the Park under the terms of his or her existing lease or rental agreement. .
UD 3: 1 .ower-Income
(a) Definition: All residents who have owned homes in Ranch0
Carlsbad since prior to October 1, 1995 and who occupy these homes as their principal
residences as of the date of issuance of the Public Report, and who qualify as “lower
income” according to Health and Safety Code Section 50079.5 on the date of issuance of
the Public Report. Note that normally a homeowner would need to be living in the park
prior to the Conversion Initiation Date to receive Group 3 benefits; however, since
“Notice to Prospective Tenant” disclosures were not given out prior to October 1, 1995,
that later date will be used to establish Group 3 eligibility. Note also that to qualify for
Group 3 benefits, a resident would normally need to be certified as lower-income at the
Conversion Inititiation Date, and annually thereafter. However, the Park has waived its
right to certify residents as lower-income as of the Conversion Initiation Date, and instead
will document incomes of Group 3 residents at the time that the Department of Real
Estate’s Public Report is issued and lots are first offered for sale.
(W Benefits The Subdivision Map Act, Section 66427.5 (d)2 states,
“As to non-purchasing residents who are lower income households, as defined in Section
50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or
charges for use of any preconversion amenities, may increase from the preconversion rent
by an amount equal to the average monthly increase in rent in the four years immediately
preceding the conversion, except that in no event shall the monthly rent be increased by
an amount greater than the average monthly percentage increase in the consumer Price
Index for the most recently reported period.” In the case of Ranch0 Carlsbad, all Park
rents were increased 5.8% on January 1, 199 1,4.2% on January 1, 1992,3.4% on January
1, 1993, and 2.3% on January 1, 1994; this corresponds to an average annually
compounded rate of 3.9% (see attached Exhibit G for historical data on Ranch0 Carlsbad
rent increases). Non-purchasing residents in Group 3 will therefore be subject to annual
rent increases, commencing January 1, 1995, equal to the percentage increase in the
Consumer Price Index (CPI) during the corresponding period; however, rent increases
will never exceed an average annually compounded rate of 3.9% (calculated from the rent
4 70
in effect as of January 1, 1994, which is the rent in effect on the Conversion Initiation
Date). A rent roll effective as of September 29, 1994 is attached as Exhibit H.
Please note that since‘ the Conversion Initiation Date, Group 3 residents (all
Ranch0 Carlsbad residents, actually) have received annual CPI rent increases that have
been well within the 3.9% ceiling (2.6% increase in January 1995 and 1.3% increase in
January 1996). To guarantee that non-purchasing, lower-income residents will continue
to receive CPI rent protections, all Group 3 residents will be offered, at the time the
Public Report is issued, a special form of the Conversion Lease described above. This
lease will be identical to that offered non-lower income residents, except that it will
contain the provision that the annual CPI rent increase can never exceed an average
annually compounded rate of 3.9%. Beginning on January 1, 1999, and annually
thereaffer, each non-purchasing Group 3 resident who is (annually) re-certified as a lower
income owner-occupant will be offered successive one year extensions of this Conversion
Lease. Non-purchasing Group 3 residents who sign this Conversion Lease will therefore
benefit from special rent protections for as long as they choose to reside in the Park.
5. . . PUDIcoVts: One Hundred of First
. . 5.1 PI JDKondomlnlum
The subdivision of Ranch0 Carlsbad will give each resident the opportunity to
own rather than rent his or her space. Technically, each resident will have the
opportunity of owning a Planned Unit Development (PUD)/Condominium Interest, which
consists of five parts: (1) fee ownership of a space, to a depth of 24” below ground level,
(2) an easemenf giving the space-owner the exclusive use of everything beneath that
space, (3) an undivided, l/504 117 ownership of all the Park’s roads, common areas, and
facilities that are not owned by the Homeowner’s Association, (4) a non-exclusive
easement to use the Park’s roads and common areas, and (5) a membership in the Park’s
Homeowner Association, which includes a l/504 interest in all land and improvements
owned by the Homeowner’s Association (Parcels B, C, and D on the lot line adjustment
plat submitted to the City of Carlsbad). The PUDKondominium Interest is treated as any
other type of real property, with ownership transferred by a grant deed and insured by a
policy of title insurance. The front, back, and side lot line boundaries of each space will
be properly marked and surveyed by a Certified Civil Engineer, translated into precise
legal descriptions, and depicted on a Condominium Plan which will become a matter of
public record when filed and recorded. All PUDKondominium Interests will be held
subject to the general rights and obligations set forth in the Articles of Incorporation and
the Bylaws of the Homeowner’s Association, the subdivision’s Covenants, Conditions,
and Restrictions (CC&R’s), and California law pertaining to such common interest
subdivision ownership.
5
As required by Section 66427.1 of the Subdivision Map Act and by the City of
Carlsbad, each resident shall ,be informed that he or she has a one hundred and eighty
(180) day “right of first refusal” period, commencing on the issuance and delivery of the
Final Public Report by the Department of Real Estate, during which the resident shall
have the exclusive right to decide whether to purchase a PUDKondominium Interest or
whether to continue to rent his or her space.
. . 5. V Provlslons
When a resident does not own a PUDKondominium Interest, he or she shall have
the right to sell his or her mobilehome. However, the buyer of the mobilehome will be
required to purchase the appurtenant PUDKondominium Interest at the time that the
home purchase occurs. Once the mobilehome and the appurtenant PUDKondominium
Interest have been acquired by a resident, the home and space must be sold and purchased
as a single unit, insofar as this requirement is not prohibited by law or regulation. The
only time that a mobilehome and PUDKondominium Interest can be separated is when
the mobilehome is sold, removed, and replaced with a new home by the space owner.
Once replaced, the new mobilehome will become inseparable from the appurtenant
PUDKondominium Interest, subject to the same terms above.
7. Jxgd Nokeii
Ranch0 Carlsbad residents have received the following notices: “Notice of Intent
to Convert”; “Notice of Change of Use”; “90 Day Right of First Refusal”; and “Intention
to File Application for Public Report” (all attached here as Exhibit I); and will receive all
additional required legal notices in the manner and within the time frames required by
State and local laws and ordinances. As mentioned above, all residents new to the Park
from October 1, 1995 have and will receive “Notice to Prospective Tenant” disclosures.
The purpose of the conversion of a park from a rental park to a resident owned
park is to provide the park’s residents with a choice. The residents may either choose to
purchase an ownership interest in the park, which would take the form of a
PUDKondominium Interest, or to continue to rent a space in the park. The conversion
provides the homeowners the opportunity to operate and control the Park, thereby
allowing them to shape their own economic futures. Since the new owners of the Park
will be the residents themselves--who are not motivated to make a profit, but instead are
motivated to insure the best possible living conditions at the most affordable cost--&
buyers and renters benefit from the conversion.
Further, by allowing residents of all economic levels the ability to select their
individual housing goals and to participate in the conversion process, as well as in the
later management and operation of the Park community, residents are able to exercise
direct influence over their homes and neighborhood environments. Thus, conversion to
resident ownership broadens the scope of control that Park residents have over their lives.
9. co*
9&L The above purchase rights and rental protections are being offered only to
persons who own homes in Ranch0 Carlsbad as of the date of issuance of the Department
of Real Estate’s Final Public Report.
92 The above-described purchase rights and rental protections will be offered
only if the Park is subdivided and a Final Public Report issued by the California
Department of Real Estate.
xi Upon the subdivision of Ranch0 Carlsbad, the current owner of the Park,
as well as subsequent owners of PUDKondominium Interests, shall abide by all terms
and conditions set forth in this TIR.
!u As guarantee that the provisions above will be implemented, a special
Conversion Lease will be offered to residents choosing not to buy their spaces. In
addition, this TIR will be recorded concurrently with the Condominium Plan.
92 The conversion of the Park from a rental park to a resident owned park
provides the residents with an opportunity of choice. Park residents may choose to
purchase a PUDKondominium Interest or may choose to continue to rent. The
conversion also provides the potential for residents to enjoy the security of living in a
resident controlled park, where management decisions are not motivated by profit, but by
the desire to achieve the best living environment at the most affordable cost.
!u No resident will be required to relocate from the Park as a result of the
conversion. All residents choosing to continue to rent will have the choice of remaining
in the Park under the te’rms of their existing leases or rental agreements, or of accepting a
new Conversion Lease which incorporates the benefits of this TIR. In sum, the
conversion of Ranch0 Carlsbad to resident ownership will result in neither the
actual nor the economic displacement of any resident.
7 73
Attachments A-I will be submitted to the City of Carlsbad and to the State of
California as part of the Park’s application for MPROP funds. These attachments may be
reviewed by Ranch0 Carlsbad residents during normal business hours at the Carlsbad
Resident Association (CRA) office at the Park administration building.
.- EXHIBIT “AA”
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96-04
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- - EXHIBIT “FF”
-
RAb.,HO CARLSBAD MOBILE HOME HARK
Lots Located Within The Floodplain
LOT ADDRESS
53 3340 Don Pablo
54 5382 Don Ricardo
55 5376 Don Ricaido
56 5370 Don Ricardo
57 15364 Don Ricardo
137 15165 Don Ricardo
138 5163 Don Ricardo
142 5128 Don Ricardo .1
143 5118 Don Ricardo
169 5102 Don Mata
211 5101 Don Mata
220 5163 Don Mata
221 5171 Don Mata
222 5177 Don Mata
223 5183 Don Mata
229 3405 Don Alvarez I 230 13406 Don Alvarez I 243 13407 Don Coto
244 15302 Don Alvarez
I
I
245 I531 0 Don Alvarez I 246 5318 Don Alvarez
247 5326 Don Alvarez
248 15342 Don Alvarez
249 I5350 Don Alvarez
250 5358 Don Alvarez
496 5455 Don Luis
497 5447 Don Luis
Portions of A & B Rec/Admin Lot & Open Space
116 5201 Don Valdez
117 5202 Don Valdez
118 5208 Don Valdez
126 I5272 Don Valdez
127 15279 Don Ricardo
128 5267 Don Ricardo
129 5255 Don Ricardo
130
131
5253 Don Ricardo
5241 Don Ricardo
EXHIBIT “GG”
t
I 132 15239 Don Ricardo 1
Page 1
-
RAk.,HO CARLSBAD MOBILE HOME I-ARK
Lots Located Within The Floodplain
LOT ADDRESS
133 5227 Don Ricardo
134 5215 Don Ricardo
135 5211 Don Ricardo
136 5201 Don Ricardo
137- 5165 Don Ricardo
138 5163 Don Ricardo
139 5152 Don Ricardo
140 15144 Don Ricardo
141 15136 Don Ricardo
142 5128 Don Ricardo
143 5118 Don Ricardo
144 5101 Don Ricardo
145 (5199 Don Ricardo
146 15125 Don Ricardo
147 5135 Don Ricardo
148 5141 Don Ricardo
L
I 149 15147 Don Ricardo
150 5155 Don Miguel
151 5108 Don Miauel
152- 5114 Don Miguel
153 5120 Don Miguel
154 5126 Don Miguel
155 5134 Don Miguel
156 5140 Don Miguel
157 5146 Don Miguel
158 5157 Don Miauel
159- 5151 Don Miguel
160 5145 Don Miguel
161 5139 Don Miauel
162 5133 Don Miguel
163 5127 Don Miguel
164 5121 Don Miguel
165 5115 Don Miguel
166 5109 Don Miguel
167 5105 Don Miguel
168 5101 Don Miguel
169 5102 Don Mata
170 5106 Don Mata
171 51 IO Don Mata
172 5116 Don Mata
173 5120 Don Mata
174 5124 Don Mata
175 5128 Don Rudolf0
EXHIBIT “GG”
Page 2
RA. _ -;HO CARLSBAD MOBILE HOME, ARK
Lots Located Within The Floodplain
EXHIBIT “GG”
Page 3
Rap&o &&bad 3 2
5200 EL CAMINO REAL m CARLSBAD. CA 92006.3699
October 17, 1996
Marty Orenyak
Community Development Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA. 92009-l 576
RE: RMHP/PUD/Tentative Map applications for Ranch0 Carlsbad
RMHP 96-01 /PUD 96-06/CT 96-06
Dear Marty:
Thank you for your October 11 th letter. We are writing to apprise you of the
status of our submittals for the above applications.
1. FloodIssues
A. Rights of Way for Agua Hedionda Creek, Lake Calavera Creek, and College
Blvd. will be offered for dedication. Manitou Engineering is today submitting plats,
legals, and traverse closures for Agua Hedionda and College; Lake Calavera Creek
descriptions were submitted last week.
B. Together with the above rights of way easements, Manitou will submit maps
and descriptions giving the City the right to access these easements for purposes of
construction and maintenance.
C. Manitou is also submitting calculations showing that the net area to be used
for PLDA fee calculations is 94.07 acres. We are therefore agreeing to a total
contribution of 94.07 acres x $3380 = $3 17,956, payable in equal installments over a ten
year period.
D. A Flood Evacuation Plan was submitted to staff several weeks ago.
ADMINISTRATION SALES
PHONE: (619)436-0333 PHONE (619)436-0237 FAX: (619)436-1608 FAX. (619)436-4695
GOLF 93
PHONE: (619)436-1772
FAX- (619)436-1606
J
r. -
E. We assume that an agreement holding the City harmless from flooding
liability will be a condition of project approval and that the precise terms and conditions
of the agreement will be worked out as a condition of recordation of our map.
. . 7. ResldentlalePark
Manitou will submit ten prints of our corrected RMHP map tomorrow, October
18th.
Site Plans
Lee Anderson and the Resident Maintenance Committee are making the
corrections requested in Michael Holzmiller’s September 23rd letter. Lee will submit
written comments on any homes that cannot meet City setback requirements.
4. Finale1 h&~
Manitou plans to submit this by the end of next week. It is our understanding that
we do not need to have this completed by October 23rd in order for our application to be
deemed complete.
5. Flood&in Special Use Peu&
Bob Wojcik has advised Manitou that our SUP application does not need to be
made by the 23rd in order for our applications to be considered complete. However, Bob
has requested that Manitou submit our SUP as soon as possible, and in any case no later
than October 30th.
6. R-
A discussion of relocation issues has been incorporated into our Tenant Impact
Report. A final copy of this TIR is being delivered to Evan Becker’s office today. If this
redraft is acceptable to Evan, all Park residents will receive a copy of this revised TIR in
the next two weeks.
We continue to feel strongly that it is inappropriate and unworkable for the City to
place inclusionary housing requirements on the conversion of our existing mobilehome
park. Sue Loftin is continuing to attempt to discuss the matter with the City Attorney. In
any case, it is our understanding that this issue need not be resolved by next Wednesday
in order for our application to be considered complete and for it to be scheduled for
hearing.
Thank you for your continuing efforts on our project. Please let us know if there
are any materials not mentioned above that your staff needs in order to consider our
application complete and schedule us for hearing by the Planning Commission on
December 18th.
Warm Regards, Hh- ee Anderson
President
Steven Weed
Carlsbad Partners
cc: Bob Wojcik L-”
Terri Woods
Evan Becker
Rich Rudolf, Esq.
Manitou Engineering
A \
/;\
2 Q ? ^ s ‘d*
Z 2, ;\
P 5 5 ‘-3 “,
- ~1 ~TAMINO REAL
LOT F RANCH0 AGUA HEDIONDA
MAP NO. 823
-.
DRAFT-
EXHIBIT 6
3. ZC 96-04/RMHP 96-011MS 96-08 - RANCH0 CARLSBAD MOBILEHOME PARK - Request for 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.
Chairperson Compas requested that the applicant approach the podium and explained that because there
were three (3) Commissioners absent, they were being given the option of having their item remain on the
agenda and be heard with the Commissioners present or to have the item continued to a time when all the
Commissioners are present. Sue Loftin, Attorney, 4330 La Jolla Village Drive, #330, San Diego, CA
92122, representing the applicant, Carlsbad Partners, responded that they were ready to proceed at this
time.
Chairperson Compas announced to the applicant, Commissioners and the public that if the Commission
recommends approval of this item, it will be forwarded to the City Council for its consideration.
Project Planner Terri Woods made her presentation of this project, employing the use of visual aids so as
to make the project more easily understood. Ms. Woods pointed out that the Mobilehome Park was
originally approved in 1969 under a conditional use permit, CUP 48, and developed pursuant to Title 25 at
which time the RMHP Zone did not exist. Consequently, Ms. Woods advised that there are numerous
nonconformities with the RMHP Zone. She also noted nonconformities with Title 25, primarily due to
unpermitted building activities in the park.
Project Planner Woods disclosed that the Ranch0 Carisbad Residents Association, who is purchasing the
park, is requesting the zone change, the mobilehome park permit and the tentative parcel map in order to
effectuate the conversion of the mobilehome park to condominium ownership. She pointed out that it is
necessary to have the property divided into four (4) parcels so that all of the coaches can be located on
one (1) parcel with the other three parcels containing the support and recreation facilities. Ms. Woods
MINUTES
PLANNING COMMISSION December 18, 1996
also stated that the tentative parcel map complies with all of the requirements of the city’s subdivision
ordinance.
Ms. Woods explained that, in 1981, when the city adopted the RMHP Zone, only 86 acres of the Ranch0
Carlsbad Mobilehome Park was re-zoned. The RV storage facility, the gardens, the recreational facilities,
etc., were not re-zoned at that time and the applicant is requesting that those areas be re-zoned.
Ms. Woods cited that all necessary noticing requirements to approve the conversion have been met and
all notices are on file in the Planning Department:
Ms. Woods indicated that the RMHP zone contains standards that are more restrictive than Title 25. Title
25 reflects the minimum development standards for all mobilehome parks and the City does not have the
ability to waive those standards. As such, this project has been conditioned to comply with all the
standards of Title 25. Some of the nonconformities will be required to be remediated immediately, while
some will be allowed to be brought into conformance over time, as laid out in the Staff report. Ms. Woods
summarized the other items of non-conformance, including those considered to be health and safety
issues, and stated that the project has also been conditioned to remediate these non-conformities prior to
approval of a final parcel map.
Ms. Woods spoke of seven (7) special conditions that have been added to the project. The conditions are
contained in the RMHP resolution.
Ms. Woods pointed out that the City Code requires that prior to development, a Special Use Permit be
approved for the project, and therefore, Staff has conditioned the Mobilehome Park to process and get
approval of a Special Use Permit prior to any building permits being issued for the spaces that are located
within the floodplain.
Principal Engineer Bob Wojcik explained FEMA’s designation of the 100 Year floodplain, as it relates to
the Ranch0 Carlsbad Mobilehome Park. He pointed out that the Agua Hedionda Creek, which runs
through the park, has only a fifty (50) year flood capacity. The City considers that a health and safety risk
which must be mitigated. He went on to explain that it was Staffs understanding that there had been a
mitigation agreement whereby the City would include a facility in the Master Drainage Plan and the
applicant would deposit $318,000, over a period of ten (IO) years, to pay for that mitigation. However,
based on the letter received at this meeting, Staff is no longer sure there is an agreement.
Attorney Loftin advised that her clients would make contributions to the overall flooding problem and that
they have certainly agreed to pay $318,000, combined with an agreement to pay that amount over a
period of ten (IO) years. After many calculations, it was determined that the cost to each individual, in the
park, would amount to five (5) dollars per month for ten (IO) years, making those fees affordable for the
residents. She pointed out that they have constraints, also, and that they need to have a package deal.
Ms. Loftin stated that they were ready to do the dedications and want to contribute the money required
over the ten (IO) years, on an annual basis. She addressed their concerns over Resolution No. 4033,
Condition 11, where it reads as though there could be a two (2) year agreement or a balloon payment.
She pointed out that this will be a resident owned property and that they need fixed numbers to assure
that these senior citizens are not going to get “hit” in four (4) years with a $200,000 bill. She also stated
that this was the only gray area, in terms of the agreement. With regard to Title 25, Ms. Loftin stated that
they agree with Staff and the violations pointed out need to be corrected. However, their position is that
they have no enforcement power other than to evict those who refuse to comply. However, state law
provides a procedure for enforcement wherein the Association can have the state or the City (if it wishes
to assume that responsibility) enforce the violations. The property pays for the inspection and their
problem is not “will they comply” but “what mechanism do they use for compliance”.
91
PLANNING COMMISSION December 18, 1996
Ms. Loftin concluded her presentation by alluding to the fact that this group of owners has spent a very
long time fighting to get this property from the Bankruptcy Courts and they are very anxious to get through
this process and ultimately own their own spaces. She thanked Staff for their patience and hard work and
urged the Commission to look favorably upon this issue.
Commissioner Welshons asked if she was correct in her understanding that, after all has been said, their
main concern is the fee payment plan and the mechanism of compliance in Title 25.
Ms. Loftin stated that her clients need to have aspecific payment plan (amount) to be paid over the next
ten (10) years. She went on to say that their concern regarding Conditions 20 & 21, in Resolution No.
4032, is that these are conditions requiring the applicant to enforce Title 25 when they have no authority to
enforce it and they would like to have them deleted or at the very least, have language stating that the
applicant would agree to cooperate and assist the City in enforcing the compliance. Ms. Loftin also stated
that they agree with the Planning Departments addendum and urged it to be incorporated.
Chairperson Compas asked Ms. Loftin what they would say if the Planning Commission voted to approve
the document, as prepared by the Planning Department. Ms. Loftin answered with, “We would say thank
you very much and you would make a lot of people have a very nice Christmas”.
Commissioner Nielsen queried Ms. Loftin as to the difference between the park owner’s ability to enforce
the health and safety issue and their inability to enforce Title 25.
Ms. Loftin explained that the difference is that the health and safety issues deal with fire hazards and, by
law, the residents are entitled to force compliance, while on the other hand, state law prohibits them from
enforcing any Title 25 violations.
Assistant City Attorney Rich Rudolf, responding to some earlier questions, clarified the intent of Condition
#I 1, Page 6, of Planning Commission Resolution No. 4033, by explaining that it’s intent is to allow
flexibility (with parameters) so that the owners and the City can enter into an agreement that best suits
both parties. He also pointed out several advantages to such an agreement and how each side can
benefit by it. With regard to Conditions #20 and #21, of Planning Commission Resolution No. 4032,
relating to Title 25 enforcement, it is Staffs view that these are reasonable and appropriate conditions to
be included in the Resolution. The intent is to give notice to both the applicant and the coach owners that
the violations must be fixed. With regard to the state’s approval, the applicant and owners will have to
come into compliance at some point so it is, effectively, a notice duplication. He added that there is an
enforcement mechanism, and that when the City finds a violation, it notifies both the applicant and the
coach owner, and the notice requires that the violations be corrected.
Mr. Wayne added that the true enforcement mechanism lies in Title 21, in the form of a Mobilehome
Permit which is subject to revocation if all of the rules and regulations are not adhered to.
Steven Weed, 5200 El Camino Real, Carlsbad, CA 92008, acting as a consultant to Ms. Loftin regarding
the conversion of Ranch0 Carlsbad from a rental mobilehome park to a resident owned mobilehome park.
He requested that the Resolutions be passed, with the modification that the condition requiring Ranch0
Carlsbad to pay Public Facilities fees, as set in Planning Commission Resolution No. 4032, page 6,
Planning Conditions 5 and 7, be eliminated. He pointed out that those conditions apply to developers and
new construction and this is certainly not new construction nor are they developers. Also, he cited the fact
that collection of those fees are specifically prohibited by the Subdivision Map Act, Section 66428.1 D. Mr.
Weed concluded his testimony by asking for approval, as time is of the essence in terms of the
psychology and the economics of this project.
Commissioner Welshons asked for a quick synopsis from Mr. Wayne.
98 MINUTES
PLANNING COMMISSION December 18,1996
Mr. Wayne stated that Condition #5 is, effectively, a notice. He pointed out that the applicants have
already signed the agreement. This is a notice for new construction, not for the existing development of
the park. New construction, in this case, would be when someone comes in to “pull” a building permit
which may carry with it, new facilities fees based on the valuation of the permit. This notice is standard
and is put on every project in the city.
Mr. Wayne explained that Condition #7, like Condition #5, is also a notice and is meant for new
construction and not for the existing development.
Mr. Rudolf offered some examples of the difference between new and old construction and how the
facilities fees might be applied to them. He pointed out that if a building permit Is issued for major
maintenance repairs or an addition to an existing commonly owned facility, this fee would kick in as
required by the ordinance. Both of the conditions in questions are standard and are intended to be
notices so that no one can come along and say that they didn’t know about those facilities fees.
Ms. Woods stated that Public Facilities Fees are only charged on new construction of new homes or
structures, for example, if a homeowner applies for a plumbing permit at an existing home or a building
permit for a storage unit, Public Facilities Fees are not charged. Public Facilities Fees are levied on new
construction, only.
Commissioner Nielsen asked if the Public Facilities Fees would apply if a homeowner entirely replaced an
existing coach with a new one.
Ms. Woods was not certain and stated that this is one of the issues that will be resolved by Financial
Management Staff.
Chairperson Compas opened public testimony. .-I ‘
Lee Anderson, 3432 Don Jose, Carlsbad, CA 92008, President of the Carlsbad Residents Association,
briefly explained the Association’s origin and how they have raised the money to enable them to acquire
the park and convert it to condominium ownership. He also pointed out the importance of the conversion
to those “low income” residents and concluded by asking for the Commission’s approval of this item.
Joseph Boitano, 3485 Don Lorenzo, Carlsbad, CA 92008, retired Civil Engineer representing the RCMOA
(Ranch0 Carlsbad Mobilehome Owners Association. Mr. Boitano stressed the fact that the Commission
and the Homeowner’s Association mutually represent the one thousand (1,000) residents of Ranch0
Carlsbad and in light of the fact that there has been an extraordinary amount of time, effort and money
contributed by all those concerned, it is his wish to go back to the membership and report that their project
has been approved. He concluded with his thanks to the Commission.
Jo Carey, 3538 Don Juan, Carlsbad, CA 92008, Chairman of the Resident Information Committee (Mother Hen). Ms. Carey summarized all of the committees, comprised of volunteer residents, necessary to
achieve the park conversion and outlined their duties. She stated that all of their committees are in place,
well organized and are more than ready to move ahead with this project and ask for the Commission’s
approval.
Gerald Nicklin, 3454 Don Lorenzo Dr., Carlsbad, CA 92008, explained that when he and his wife chose to
move into Ranch0 Carlsbad, they were told that the park was in the process of converting to Resident
Owned status and that they would be able to purchase their lot. To date they are still waiting. Mr. Nicklin
spoke of Title 25 and the committee that oversees the requirements of Title 25. With respect to the
floodplain, Mr. Nicklin pointed out that there have been only two (2) instances of flooding in the park in the
MINUTES
-
PLANNING COMMISSION December 18, 1996 Page 9
past twenty-five (25) years. In those two (2) cases, flooding was a result of blockage, up-stream, and
excessive releases of water into the stream beds during storms, not because of natural phenomena.
Flood control studies in the park show that the occasion of flooding within the park, due only to weather
induced situations, is not within the realm of possibility. Mr. Nicklin then pointed out that this information,
together with the deeding of easements along the waterways and funding by the park to the City for flood
control, over a ten (10) year period, should solve these situations.
Eleanor M. Malen, 3470 Don Lorenzo Dr., Carlsbad, CA 92008, eighteen (18) year resident of Ranch0
Carlsbad, spoke of the Tenant Impact Report and the relief that most of the residents will enjoy with the
conversion of the park, specifically, that each tenant will have the option to buy their spaces or to continue
to rent. For many, the conversion will give them the opportunity to be able to continue to rent, indefinitely,
without fear of inordinate rent increases and/or displacement.
Lisa Smith, 586 El Miraso, Vista, CA 92083, daughter of Emerson and Barbara Smith who are residents of
Ranch0 Carlsbad. Ms. Smith, representing the children of parents living in the Mobilehome park,
indicated the concern for the financial stability and well being of some of those parents. She revealed that
her parents, ages 80 and 77 respectively, each still work approximately thirty (30) hours a week, just to
pay the rent. She urged the Commission to approve their project for the peace of mind of the residents as
well as their concerned children.
Joe Cinko, 3571 San Juan Dr., Cartsbad, CA 92008, spoke of the turmoil and uncertainty that has been
apparent in the park and that the conversion to a resident owned park will assure peaceful and serene
living to all residents for the rest of their lives. He stressed the necessity of the conversion for those on
fixed incomes and the fact that none of the residents are a burden to anyone. He, too, expressed his wish
to be able to report to the “shut-ins” of the park, that this Commission has approved their project and
assured their futures.
Marilyn Cole, 5157 Don Miguel Dr., Carlsbad, CA 92008, told of how she happened to come to reside at
Ranch0 Carlsbad, and how she, like many others, are in need of the stability and assurances that will
come with the conversion of the park and urged the approval of the Commission.
Chairperson Compas thanked all those who offered testimony and congratulated them on their eloquence
and having stayed within the time constraints placed on them.
Chairperson Compas asked if there was anyone else in the audience that wished to offer testimony.
Seeing no one, he asked if the applicant had anything further to offer.
Ms. Loftin, as a point of clarification and referring to Resolution No. 4032, Page 4, Condition 5-c stated
that the language of this condition is problematic, because it puts a condition on the Developer to pay fees
for someone else bringing something in. Ms. Loftin thanked the Commission and Staff for their time and
consideration.
Commissioner Monroy asked Ms. Loftin if, after all of the previous discussion and clarification of several
points, do they still consider Staff report acceptable and Ms. Loftin answered most affirmatively.
Chairperson Compas closed public testimony and opened Commission discussion,
Commissioner Monroy asked if it is possible for the Commission to vote for the project, as it is, and then
have the unsolved issues resolved by the City Council.
Chairperson Compas answered “yes” to Commissioner Monroy’s query.
100 MINUTES
PLANNING COMMISSION December 18.1996 AFT Page 10
Commissioner Welshons, referring to Ms. Loftin’s last comment to Resolution No. 4032, question the term
“developer” and asked Ms. Woods to clarify.
Ms. Woods explained that the word “developer” is a standard term that is used and if there are any
changes to be made, the change would have to come from the City Attorney’s office.
Mr. Rudolf stated that he stands by his previous interpretation that, 1) is notice to others and 2) is notice
to developer in case they initiated construction of a commonly-owned facility which would trigger the fee.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Welshons, and duly seconded, to adopt Planning
Commission Resolutions No. 4031, 4032 and 4033 recommending approval of
ZC 96-04, RMHP 96-01 and MS 96-08 based on the findings and subject to the
conditions contained therein.
4-o
Compas, Nielsen, Monroy and Welshons
None
None
-
EXHIBIT 7
LAW OFFICES OF
L 3uFLuyflw
4330 IA JOLLA VILLAGE DRIVE
SUITE 330
SAN DIEGO, CALIFORNIA 92 I 22-6203
TELEPHONE: (6 IQ) 535-9380 FACSIMILE: (6 IQ) 535-938 I
E MAIL: LLomN I~~@AoL.C~M
December 18,1996
Chairman and Commissioners
Planning Commission
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
RE: RANCH0 CARLSBAD MOBILEHOME PARK
ZC 96-04/RMHP 96-Ol/MS 96-08
Hearing Date: December l&l996
Hearing Time: 6:00 p.m.
Dear Chairman and Commissioners:
This office represents the Applicant under the above-referenced matters. The Applicant is
the Ranch0 Carlsbad Partners, a California general partnership, with the general partners being the
Carlsbad Resident Association, Inc., a California non-profit mutual benefit corporation; Brookvale
Terrace Building Company, Inc., a California limited partnership; Oak Shadows Building Company,
Inc., a California limited partnership; and, Carlsberg Ranch0 Limited, a California limited
partnership.
The purpose of this correspondence is respond, in part, to the conditions attached to the
above-referenced matters by the City of Carlsbad staff:
A. Resolution No. 4031: No Comments.
B. Resolution No. 4032:
1. Findings:
a) Page 2; Paragraph 2.a.: Applicant does not have exhibits A - Z and
therefore, cannot comment on this section;
b) Page 3; Paragraph 2.b.: College Boulevard right-of-way is not entirely
planning Commission
City of Carlsbad
December 18, 1996
on the Parcel which constitutes the existing mobilehome park. This is for clarification, only.
C) Page 3, Paragraph 4: The ADT of 1,5 12 is based upon a multi-family
housing calculation which is not applicable to this project because this project is a Senior Housing
community.
4 Page 4; Paragraphs 5,6 and 7: These conditions will be covered m
correspondence from Mr. Steven Weed;
4 Page 4; Paragraph 8: The Applicant has no objection to the disclosure;
but, believes that the disclosure more properly belongs in the Declaration of Conditions, Covenants
and Restrictions;
r) Page 4; Paragraph 9: The Applicantdoes not agree that the exactions
imposed on the Applicant, i.e. Developer contained in the resolution are imposed to mitigate impacts
caused by or reasonably related to the project in that it is an existing mobilehome park designated
for Senior housing and all reports relating to flooding indicate flooding as a potential hazard when
the upstream acreage is developed not as the property is currently constructed;
Ii9 Page 5; Paragraph 15: The Applicant does not agree that flooding as
disclosed by the various Chang reports constitutes a substantial health and safety issue.
Notwithstanding that position and for the sole purpose of moving this project forward, the Applicant
has agreed, as a package, to do the following:
i. Dedication of Property: Lake Calavera Creek and Agua
Hedionda Creed drainage channels;
ii. Payment of fee in the sum of $3 18,000 payable in ten (10)
equal annual instalhnents; . . . 111. Indemnity to the City for flooding based on the property and
the surrounding property as it exists today [the indemnity would exclude flooding as a result of
upstream development; miscalculation of water released from the dams, etc.];
iv. As a result of the above, all of the property commonly known
as Ranch0 Carlsbad Country Club Estates including the vacant land would be exempt from any
further costs associated with the flood issue;
V. By agreeing to the above package, the Applicant has reserved
all its legal rights based upon the flood issue.
2. Planning Conditions:
a) Page 6; Conditions 5 & 6: These conditions will be addressed in
correspondence from Mr. Steven Weed;
b) Page 8; Conditions 12 & 17: The Applicant has no objection to the substance
of the condition but believes that the proper vehicle in which to present the disclosure is the CC&Rs.
Planning Commission
City of Carlsbad
December 18,1996
Page 3
4 Page 9; Condition 18: Applicant requests that the language “or otherwise
comply with the PUC or Title 25 regulations” before the last comma in the sentence;
d) Page 9; Conditions 20 & 21: Applicant objects to these conditions because
i. The mobilehomes are not owned by the Applicant and are not part of
the application before this body;
ii. The enforcement of Title 25 is the State’s obligation which has
voluntarily been assumed by the City of Carlsbad; . . . 111. The Applicant has no means of enforcing the Title 25 violations.
e) Page 9, Condition 23: Application requests the following language be added
at the end of the sentence to read “. . ,except as set forth in Condition 22.
f) Page 9, Condition 25: Applicant requests that the phrase “. . ,whichever occurs
first, . .” be omitted from the condition.
C. Resolution No. 4033:
1. Findings:
a) Page 2 & 3; Conditions 2,3,4,5,6,7,8 and 12: Applicant reiterates
its comments tender under Resolution No. 4032 above;
W Page 4; Condition 9: Applicant contends that there is no substantial
Health & Safety issue on the property which is the subject matter of these applications but has agreed
to a “Package Flood Assistance Plan” for the City as a compromise to move the project forward;
4 Page 4; Condition 11: Applicant strong disagrees with this condition.
Applicant agreed that it would pay the $318,000 fee in ten (10) equal annual installments
commencing one year after the first sale of a lot;
2. Engineering Conditions:
a) Page 6; Condition 8: Applicant does not understand the terms of this
condition and therefore objects to it on that basis:
i. which definition of a 100 year flood plain: Dr. Chang’s
ultimate build out definition or EMA’s definition;
ii. what constitutes the onsite drainage system; . . . 111. Item c. Applicant will agree by placing this language in the
cc&Rs.
b) Page 6; Condition 9: The language as written is too broad. Applicant
agreed to indemnify for ten (10) years for damage within boundaries caused by conditions within
planning Commission
City of Carlsbad
December 18, 1996
Page 4
the boundary of the property and by Applicant or Applicant’s successor;
cl Page 6, Conditions 10 and 11: Applicant has agreed to deposit in ten
(10) equal installments on an annual basis commencing one (1) year after the sale of the first lot
$3 18,000;
d) Page 7; Condition 12: Applicant has agreed to these dedications and
has informed staff that the dedications can not be made until the earlier of:
i. GECC agreeing to allow the dedications; or,
ii. GECC loan is paid in full.
e> Page 7; Condition 13: Applicant requests clarification of this
condition.
fl Page 7; Condition 16.d.: This condition is too broad. Applicant agreed
as in b. above;
g> Page 7 & 8; Conditions 17 and 19: Applicant has same comments as
tendered under Resolution No. 4032 regarding these matters.
The Applicant respectfully request that with the above changes and clarifications to the
conditions the Planning Commission adopt Resolution numbers 403 1; 4032 and 4033.
L. Sue Lofiin, Esq. v
LSL:pb
cc: Carlsbad Resident Association, Inc.
Brookvale Terrace Building Company
Oak Shadows Building Company
Carlsberg Ranch0 Limited
- EXHIBIT 8
December 18, 1mO EL CAMIN REAL = CAf7LSBAD. CA 92008-3899
To: City of Carlsbad Planning Commis&n
RE: Public Facilities Fees
Ranch0 Carlsbad Applications ZC 96-04/RMHP 96-O I/MS 96-08
Dear Planning Commission Members:
We are writing to state our disagreement with those sections of the City’s Staff
Report and draft resolutions which deal with the imposition of Public Facilities Fees
(PFF’s) on our project. The passages in question are: Resolution 4032 Finding 5c;
Resolution 4032 Planning Condition 5 and 7; Resolution 4033 Findings 5c,6, and 12;
Resolution 4033 Engineering Condition 19. These sections recommend that approval of
our project be conditioned on the payment of PFF’s as well as additional fees or
requirements established by the Local Facilities Management Plan for Zone 15. These
sections also state that the Developer has already agreed to these fees, and that these fees
or exactions have been found to be “in rough proportionality to the impact caused by the
project.”
We believe Subdivision Map Section 66428,1(d) is quite clear in precluding local
agencies from charging impact fees on the conversion of an existing mobilehome park to
resident ownership. That section states:
“If a tentative map or parcel map is required, the local agency shall not impose any
offsite design or improvement requirements unless these are necessary to mitigate
an existing health or safety condition. No other dedications, improvements, or in-
lieu fees shall be required by the local agency.”
In fact, the Staff report itself quotes this Map Act passage in Section B (p.5) and Section
E (p. 11) of the Staff Report:
“The Subdivision Map Act provides.. .that the local Agency shall not., .require other
dedications, improvements, or in-lieu fees.. .‘I
The Staff Report tirther finds that (p. 11):
ADMINISTRATION
PHONE: 1619)436-0333
FAX: (619)436-1606
SALES
PHONE: (619)436-0237
FAX: (619)436-4895
GOLF
PHONE: (619)436-1772
FAX: (619)436-1606
“No new impacts on public facilities will be created by this existing mobilehome
park.. .All facilities to service the use are currently available, and the proposed
project will not jeopardize the City’s ability to provide necessary facitilies and
services to Zone I 5.”
Reiterating this, Resolution 4032 Finding 2a, and Resolution 4033 Finding 2a state that:
“The Ranch0 Carlsbad Mobilehome Park existed in the City of Carlsbad prior to
the establishment of the Carlsbad Growth Management Plan. The densities of the
park were incorporated into the Zone 15 Local Facilities Management Plan, and all
necessary facilities and services to serve the existing park are in place.”
We believe the conversion of Ranch0 Carlsbad to resident ownership has no
impact on public facilities or City services, and that therefore our project should not be
subject to Public Facilities Fees of any kind. The Subdivision Map Act, Section
66428.1(d), confirms this point of view.
It is true that we signed a PFF agreement in April. However, at the time we signed
this agreement, we were proceeding under the assumption that we would not be required
to dedicate land for College Blvd., nor would we be required to pay significant costs of
drainage improvements (since our studies were showing that no health or safety problem
currently exists). In order to move the project forward, we have now agreed to pay fees
into the City’s Master Drainage Plan to address the City’s concerns as to the capacity of
Aqua Hedionda Creek. In light of this change, we are now asking the Planning
Commission to approve our project without imposing additional PFF or developer fees.
We would like to thank the Commission and Staff for the considerable efforts
being made in reviewing our applications.
L/ ’ President
L. Sue Loftin / /
Ranch0 Carlsbad Partners
TiiE CITY COUNC!L - January 14, 1997
TO:
VIA:
FROM:
CITY MANAGER
COMMUNITY DEVELOPMENT DIRECTOR
Planning Director #
SUBJECT: STAFF RESPONSE TO RANCH0 CARLSBAD LETTER OF JANUARY 9,
1997 (ATTACHED)
The Planning and Engineering Departments have reviewed the L. Sue Loftin letter
dated January 9, 1997, regarding proposed changes to Planning Commission
Resolutions No. 4032 and 4033 for Ranch0 Carlsbad Mobilehome Park (ZC 96-
04/RMHP 96-01 /MS 96-08). Staff does not support the applicants requests
regarding the Title 25 issue and the health and safety issues associated with the
mobilehome park. Each of Loftin’s proposals are presented below followed by a
brief staff response.
A. PLANNING ISSUE
The following is a summary of staff’s comments on the Planning issue raised
in the L. Sue Loftin letter.
1. Resolution No. 4032, Planninq Condition No. 23
The Ranch0 Carlsbad Mobilehome Park is subject to two types of
development standards: 1) requirements of the Carlsbad Municipal Code;
and 2) requirements of Title 25, California Code of Regulations. The
applicants have requested that requirements of Title 25, (Planning Condition
No. 23) be waived similar to development standards of Chapter 21.37 of the
Carlsbad Municipal Code (Planning Condition No. 22).
Planning Condition No. 22, of Resolution No. 4032, addresses buildings that
are non-conforming due to inadequate yards, which are issues of the
Carlsbad Municipal Code. The Ranch0 Carlsbad Mobilehome Park contains
approximately 26 structures that are non-conforming due to inadequate front
and street side yards as required pursuant to Chapter 21.37 of the Carlsbad
Municipal Code (see Exhibit “FF”). Title 25 does not address front and street
side yards, therefore, these non-conformities are strictly issues of the
Carlsbad Municipal Code. Development standards of Chapter 21.37 (such as
front and street side yards) may be waived pursuant to the Carlsbad
Municipal Code. Planning Condition No. 22 permits the non-conformities of
front and street side yard to remain, thereby waiving strict compliance with
the development regulation of the RMHP Zone.
STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUARY 9, 1997
JANUARY 14,1997
Planning Condition No. 23, of Resolution No. 4032, addresses Title 25 non-
conformities. The City does not have the ability to waive the California Code
of Regulations Title-25, and therefore, has conditioned this project to comply
with all Title 25 requirements. Although Title 25 does not address front and
street side yards, it does address interior side and rear yards (building
separation). The project has been conditioned to remediate the existing Title
-25 building separation non-conformities, as shown on Exhibit “CC”. Other
Title 25 non-conformities within the park, include the location of gas meters,
location and size of storage enclosures and use of combustible awnings.
Condition No. 23 provides that no building permits will be issued for a coach
unless it is in compliance with all Title 25 requirements.
Staff Recommendation:
Staff recommends that Condition No. 23 of Resolution No. 4032 remain as
stated. ,
B. ENGINEERING ISSUES
’ The following is a summary of staff’s comments on the Engineering issues
raised in the L. Sue Loftin letter.
BACKGROUND
The 504-unit mobilehome park was constructed in 1971. Previous history
and letters from park residents have documented a flooding condition to
occur within- the Ranch0 Carlsbad Mobilehome Park. There are two major
drainage channels that affect this development; one on the north side of the
park (Lake Calavera Creek), and the other running through the middle of the
park (Agua Hedionda Creek). The Agua Hedionda Creek is considered
undersized to adequately handle upstream flows. The Lake Calavera Creek is
also considered undersized, but is adjacent to an agricultural flood plain
(Robertson Ranch). Drainage fees are being collected to improve the Lake
Calavera Creek channel because -it is a facility included in the Master
Drainage Plan.
The Federal Emergency Agency (FEMA) flood plain map, indicates that
approximately one hundred of the existing homes lie within the loo-year
flood plain of the Agua Hedionda Creek. Therefore, staff has recommended
some form of mitigation for this health and safety finding.
The Resident Association disagrees with this finding. However, to move
their project forward they offered -to request an amendment to the City’s
Master Drainage Plan to include a facility to mitigate the health and safety
issue. City Council recently approved that amendment.
STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUARY 9, 1997
JANUARY 14, 1997
As part of the association’s offer, they would pay for the fees for this
facility. They requested a IO-year payment plan which could not be
administratively approved by staff but which could be authorized by City
Council. Therefore, staff worded the payment requirement in such a way to
permit Council discretion on the payment plan.
PUBLIC HEALTH AND SAFETY ISSUE
As part of the RMHP application, the project engineer submitted a hydrology
report (1991) for the flood plain boundary of Agua Hedionda Creek. From
this report staff asked for additional information and possible mitigation. A
few months later an additional report (May 1996) titled: “Floodins Issues
Related to Aqua Hedionda Creek for Ranch0 Carlsbad Mobile Home Park”
was submitted. This report reiterated the previous report’s findings and
provided some additional facts:
1. ‘I The existing channel is undersized to carry the loo-year flood;
I 2. The existing channel exceeds its capacity at the approximate 50-year
period;
3. The depths of flow in the overbank regions are between 0’ to 2.5’;
4. The main access, Ranch0 Carlsbad Drive, is, flooded to a depth of
1.24’ during the loo-year flood and levees are recommended as an
immediate improvement;
5. The velocity of flood water within the park is less than 2.31 feet per
second; and
6. The duration of the loo-year flood is estimated to be less than 2
hours.
From these reports and from documents associated with this project, staff
believes that there is a significant health and safety issue associated with
this mobilehome park. With this as a point of disagreement, the project has
been carried forward. The resolutions and conditions of approval represent a
carefully worded position from which staff can support this project.
.
1. Resolution No. 4033, Findinq No. 11
Staff believes the applicant made a mistake and meant to refer to Resolution
No. 4033 instead of 4032. The applicant disagrees with staff on the issue
of health and safety regarding the flooding of the mobilehome park. The
proposed changes cannot be supported by staff as a finding for approval.
-
STAFF RESPONSE TO RAWHO CARLSBAD LETTER OF JANUARY 9, 1997
JANUARY 14, 1997
PAGE 4
Staff Recommendation:
Staff recommends that Finding No. 11 of Resolution No. 4033 remain as
written.
2. Resolution No. 4033, Condition No. 8b
The design and maintenance of the onsite drainage system is considered to
be private. This includes the Agua Hedionda Creek and Lake Calavera Creek.
Maintenance of a private system will not be accepted by the City. There
could be a significant time period between the offer of dedication of
easements and the improvements to the Lake Calavera Creek and to the
Agua Hedionda Creek. The issue of a limited hold harmless agreement was
discussed and, with the support of the City Attorney’s Office, the standard
form is recommended.
StaffRecommendation:
’ Staff recommends that Condition No. 8b of Resolution No. 4033 remain as
written.
3. Resolution No. 4033, Condition No. 9
The design of the private storm drain system and the maintenance
responsibility requires that the park hold the City harmless from drainage
liability. Again the time period between offers of dedication and proposed
improvements could be significant. Per advice from our City Attorney’s
office, the standard form hold harmless agreement is recommended.
Staff Recommendation:
Staff recommends that Condition No. 9 of Resolution No. 4033 remain as
written.
4. Resolution No. 4033, Condition No. 16d
This condition is a requirement to record specific notes or deed restrictions
that affect the subdivision of this project, thereby noticing all prospective
owners of the loo-year flood, the maintenance responsibility, and the hold
harmless agreements conditioned to this project. The noticing should be
consistent with the above-mentioned conditions.
STAFF RESPONSE TO RWJCHO CARLSBAD LETTER OF JANUAt-IY 9, 1997
JANUARY 14, 1997
PAGE 5
Staff Recommendation:
Staff recommends that Condition No. 16d of Resolution No. 4033 remain as
written.
5. Resolution No. 4033, Condition No. 13
The changes requested by the applicant can be supported by staff.
Staff Recommendation:
The State Map Act does not allow staff to require easements over remainder
parcels. The Planning Commission had expressed some health and safety
concerns because of the park’s single point of access. Therefore, staff
included the condition.
StafFrecommends that Condition No. 13 of Resolution No. 4033 be revised
as follows: delete “and the remainder parcel”. I
01/09/1997 19: 25 619-5359381 ATTORNEY OFICE -. - PAGE 02
LAW OFFlCfS OF
L nY-.FLO~N
4330 IA JOLIA V~u*oe DRM
sum 330
SAN DIEW, CALIFORNIA 82 122.6203
-PHONE: (0 I $1 535-9350 FACS~WC: (6 I Ql 535-938 I
E MAIL: LLomN I ~~@AOL.COM
Jam& 9,1997 .
WA FACSIMILE & U.S. MAIL
Teresa A. W&is, Planning Dept.
Clyde Wiclanan, Engineer@ Dept.
City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 9?009-f 576
,
‘.
RE: RANCH0 CARLSBAD COUNTRY CLUB ESTATlh
Resolutions 4032 & 4033
City Council Hearing
Date: January 21,1997
Time: 6:OO p.m.
Items: .Unknown at this time
FILE NO.: RC - 451
Dear Terri and Clyde:
The purpose of this correspondence is list the items contained in the above refmnced
resolution which the Applicant/Developer considers unresolved and as drafted, unacceptable. The
~urposc of this cormpondence is not to restate our discussions and agreements. The format of this
letter will be by topic reference to the resolution number and by specific comment to the item
number of the conditions under the applicable resolution number. The changes to existing condition
language arc evidenced as follows: 1) additions are in italics; and, 2) deletions are underlined and
contained in brackets (“[ 1’3. Note that the bold words in the conditions zue copied f&n the
conditions as drafM.
I[. Resolution number 4032:
A. Planing Conditions:
a) Discussiprr; It is our understa&ing that if the placement of
01/89/1997 19: 25 619-5359381 ATTORNEY OFFICE
- PAGE 83
Ter&a Woods & Clyde Wickham January 9,1997 Page 2
--. . . . \ “1,
a permanent foundation does not require the movement of the home but does require a permit, then
the mobilehome will not have to be brought into compliance with Title 25 when the mobilehomet
has been deemed a lawful non-confoning building. See, Resolution 403 1, Item 22.
23, Prior to issuance of a building permit for any coach (including pexmanent foundations, if said foundations require the couch be moved) a coach must be in compliance with
all standards of Title 25.
II. Resolution Number 4032: :a
A. *, Findings:
1.w ,
a) Backnoufi& The applicant did not, and does not, believe that
thereisambstantiathealthand~issuewithregardtofloodingonthepropcrtyinthepropcrty’s current condition and the adjacent property’s current condition However, to remoye this hurdle to receiving a finding by staffthat the Applications were complete, the Applicant made, in summary,
the following of&r: 1) dedications as set forth in the Engineering Conditions, Item 12; 2) hold
harmless agreement which shall be discussed hereinbelow, and, 3) payment of $3 18,000 over a ten
(10) year period of time. This was a package offer in that if any piece is substantially altered the
Applicant does not agree to the other acceptable pieces of the offer. . -
That the City Manager is authorized to enter into and sign an
agreement with the applicant to mitigate the flood hazard per the
amendment to the Master Draiaage Plan, taking into account the following criteria:
a The sum of the payment shall be $318,000;
b. The payment shall be ma& in ten (IO) equal
installments [$31,800] with tk fnvt instailmenl due
one (1) year Il,pr the abte the prst month homeowners’
association dues are collected
01/09/1997 19: 25 619-5359381 ATTORNEY OFFICE -. - PAGE 64
Teresa Woods & Clyde Wickham January 9,1997 -
Page 3
C. Applicant shall inch& this obligation has a dticlosure
in the Conditions, Covenants and Restrictions governing the
project.
B. Engineering Conditions:
du 1. -8b.9 . an l dwureement:
a) w The Applicant offered a hold harmless
agreement as a means of resolving the differences in the positions of the Staff and of the Applicant regarding whether there was a significant health and safety flood issue. The offer was to hold the City harmless fkom fModing within the park interior parameters during the time the park and the
adjacent prow mmained the same for a ten year period of time. When the City developed Lake
Calavera C&k or when ups&eam development occurred, the hold harmless w&d cease except as
. to tiw.drainage system, exclusive of the two creeks, on the interior park property. At no time
did fhe Applicant o&r to hold the City harmless against the development consequences of adjacent
landownm nor will the Applicant agree to hold the City harmless during the time the City at the City’s direction in all matters develops either creek. The City’s policy is to not accept dedications
until the improvements are done and approved and therefore, the City does not accept liability for
that time tie. The consequence is that the Applicant who will have no say in the design of the
flood improvements, the contractors hired or any other related matter would be liable for any damage
created by the implementation of the drainage plan. This is totally and completely unacceptable. Furthermore, subsequent to the o&r of the hold harmless agreement, Applicant has agreed to the dedications and the p&nent of improvement fees, fees which the Applicant believes are f&tually
unwarranted and legally impermissible.
b) ” . Reaum
iI Item 8.b.: State that the onslte drainage system,
excluding the proposed dedications contained in condition Item number .I2 of this resolution, shall
be maintained in perpetuity by the underlying property owner unless accepted in writing by tbe
city; and
ii) Item 9.: Theownerofthe subjectpropertyshall
execute an agreement holding the City harmless regarding the onsite drainage system within the boundaries of this subdivision, excluding spec@?caily but not excIusiveZy any improvements,
alterations or changes upstream or to Lake Calavera Creek Agua Hedionda Creek or College
Boulevard.
01/09/1997 19: 25 619-5359381 ATTORNEY OFFICE P&E 05
Teresa Woods & Clyde Wickham
January 9,1997 Pqt 4
iii) Item 16.d.: The owner of the subject property on behalf of itself and ail of its successor in interest has agreed to hold harmiess and indemni.Q the City
of Carlsbad from any action that may arise through any damages caused by the onsire drainage system. Delete: the l&nce of the see
a) Disc- Under the subdivision map act, the City can not require
an easement on a remainder parcel.
*A covenant of easement for the benefit of parcel “A shall be recorded over
Parcel “C” we: and the dder pd for a minimum 20 foot wide future secondary access
to Ran&o C&bad Mobilehome Park, all to the satisfaction of the City Engineer.
If you have any questions regarding the above, please feel &ee to call Lee Anderson, Steve
Weed or myself.
,,Z&f?+
LsL:pb
cc: Mayor Bud Lewis
Council Persons
Lee Anderson
William Geary
Abraham Keh
Steve Weed
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I?AX TRANSMISSION
LAW ~PI~ICES OF L. SUE LOFTIN
4330 LA JOLU VILUOE DRIVE. SUITE 330
SAN OICOO. CALIFORNIA 82 I 22
(6 IQ) 535-9380
FAX: (6 IQ) 535-938 I .
. .
Teresa Woods
Clyde Wickham
Bob Wojcik
Date: January 9,1997
6 19-438-0894
L. Sue Lofiin, Esq.
G-p
PagCS: 5, including this cover sheet.
.+&ho Carlsbad Country Club Estates
Resoiutions 4032 & 4033
FILE NO.: RC - 45 1
Mayor Bud Lewis
Council Persons
Lee Anderson
William Geary
Abraham Kch
Steve Weed
Frank Fitzpatrick
, The information contained in this facsimile message is intended only for the use of the individual or entity to whom it is
sddrcsscd. If the reader of this mcssrgr is not the intended rccipicnt, or the cmployec or agent responsible to deliver it to
the intended rccipicnt, you arc hereby notified that nny disscminrtion, distribution, or copying of this communication is
strictly prohibited. If you have rcccivcd this communication in error, plcnsc immediately notify us by telephone, and
return the original message to us at the above address via the U.S. Postal Service. Thank you.
COMMI:.NTS:
-
LAW OFFICES OF
4330 Lr, JOLU VILU~E DRIVE
SUITE 330
SAN DIE~O, CALIFORNIA 82 122-6203
TELEPHONE: (6 IQ) 535-8380 FACSIMILE: (6 IQ) 535-938 I
E MAIL: LLoFlW I ~~@A~L.COM
January9,1997 ‘*
VIA FACSIMILE & U.S. MAIL
Teresa A. Woods, Planning Dept.
Clyde Wickman, Engineering Dept.
City of Carlsbad
2075 Las Palm@ Dfi$%
Carlsbad, C&92009- 15.76
’ : ;i. RE: RANCH0 CARLSBAD COUNTRY CLUB ESTATES
Resolutions 4032 Sr 4033
City Council I-bring
Dntc: January 21, i997
Time: 6:00 p.m.
Items: Unknown at this time
FILE NO.: RC - 451
Dear Tcrri and Clyde:
The purpose of this corrcspondcncc is list the items contained in the above refcrenccd
resolution which the Applicant/Dcvclopcr considers unrcsolvcd and as drafted, unacceptable. The
purpose of this corrcspondcncc is not to rcstatc our discussions and agrcemcnts. The format of this
letter will be. by topic rcfcrencc to the resolution number and by specific comment to the item
number of the conditions under the applicable resolution number. The changes to existing condition
language are evidenced as follows: 1) additions are in ifulics; and, 2) deletions are underlined and
contained in brackets (“[ I”). Note that the bold words in the conditions are copied from the
conditions as drafted.
I. Rcsulution nunrbcr 4032:
A. Planing Conditions:
l>lscusslon: It is our understanding that if the placement of *,. .:
Teresa Woods & Clyde Wickham
January 9,1997
Dagc 2 -. I
a pcrmancnt foundation dots not rcquirc the movcmcnt of the home but dots rcquirc a permit, then
the mobilchomc will not have to bc brought into compliance with Tilic 25 when the mobilchomct
has been dccmcd a iowfui non-conlbrming building. SW, Rcsoiution 403 1, km 22.
. . . . . Zcqmtcd Condtttous,
23. Prior to issuance ofa building permit for any coach (including permanent
foundations, if said lbundations require rlrc coach he rnov~cl) a coach must bc in compliance with
all standards of Title 25.
II. Resoldon Number 4032: #. ;‘#¶- A. Findings: ; i : ;2.. TEM 11, .
a) w ‘i’hc applicant did not, and does not, believe that
there is a substantial hcaith and safety issue with regard to tlooding on the property in the property’s
current condition and the adjacent property’s current condition. However, to remove this hurdle to
receiving a fmding by staff that the Applications were complete, the Applicant made, in summary,
the following offer: 1) dedications as set forth in the Engineering Conditions, Item 12; 2) hold
harmless agreement which shall be discussed hcreinbeiow; and, 3) payment of $3 18,000 over a ten
( IO) year period of time. This was a package offer in that if any piccc is substantially altered the
AppiiCillIl dots not ilgKC LO lilt2 other iICCC~l~lbiC picccs Of 1ilC ofkr.
That the City Manager is authorizcd lo cntcr into and sign an
agrccmcnt with the applicant to mitigate the flood hazard per the
amcndmcnt to the Master Drainage Plan, taking into account the
following criteria:
a. The sum of the puyment shall be $318,000;
b. The puyment shall be made in ten (IO) equal
installments [$31,800] with thejirst instaiiment due
one (1) year after the date the first month homeowners ’
trssociution dues arc collected.
Tcrcsa Woods Kt Clyde Wickham
January 9, 1997 _
PW.3
c. Appicwtt sh~~il it&de 1hi.s o&&m has a disclosure
itr iltc c .btdilion.~, Cwencmls tmd Rcstriclions governing tire
projccl.
. . Id. thou& f, are deleted1
B. Engineering Conditions:
J. ITCMSW. 1 1 ‘ a cl 16 I.: tm . .
a) l3ilcw The Applicant offered a hold harmless
agreement as a means of resolving the diffcrenccs in the positions of the Staff and ofthe Applicant
regarding whether tbare was a significant health and safety flood issue. The offer was to hold the
City harmless bm ff ooding within the park interior parameters during the time the park and the
adjacentproperty remained the same for a ten year period of time. When th< City developed Lake
Calera Creek or when upstream dcvcfopmcnt occurred, the hold harmless would cease cxccpt as
to the drainage system, cxclusivc of the two creeks, on the interior park property. At no time
did the Applicant oll’cr lo hold the City harmless against lhc dcvclopmcnt conscqucnccs of adjacent
landowners nor will the Applicant agree to hold the City harmless during the time the City at the
City’s direction in all matters dcvclops cithcr creek. The City’s policy is to not accept dedications
until the-improvements arc done and approved and therefore, the City does not accept liability for
that time frame. The consequence is that the Applicant who will have no say in the design of the
flood improvements, the contractors hired or any other rclatcd matter would be liable for any damage
created by the implcmcntation of the drainage plan.. This is totally and completely unacceptable.
Furthcrmorc, subscqucnt to the oll’ir of’lhc hold harmless agrccmcnt, Applicant has agreed to the
dcdicatiota and the payment of irnprovcmcnt lkcs, kcs which lhc Applicant b&eves are factually
unwarranted and Icgally impcrmissiblc.
b) . . . Rcuucstcd Co-
9 lldlll 8.h.: - St;ltc that the onsitc drainage system,
exciuding /he proposed dediwticms contuined in condition, ifem number I2 of /his resoi&on, shall
bc maintained in pcrpctuity by the underlying property owner unless acccptcd in writing by the
city; tend
ii) I kill ‘1.: ‘l’hc owner ol’thc subjcxt property shall
cxecutc an agrcemcnt holding the City harmless regarding fhe onsifc drainage syslcrn within the
boundaries of this subdivision, excluding spcc~j?caily but not’ exclusively any improvements,
&rations or changes upstreum or 10 Lake C&vwa Creek, Agua Hcdionda Creek or College
Boulcvurd.
#
7- AI
Z . .
Teresa Woods & Clyde Wickham
hnuary 9,1997
P-e 4
iii) Item 16.d.: The owner of the subject property on
behalf of itself and ail of its successor in interest has agreed to hold harmless and indemnify the City
of Carlsbad from any action that may arise through any d-ages caused by the onsite drainage
system. rDeiete: the balance of w . .
a) Discussion: Under the subdivision map act, the City caa not require
an easement on a remainder parcel.
4 :
e ‘, A covenant of easement for the benefit of parcel “‘A shall be recorded over
Parcel “C’& for a minimum 20 foot wide.future secondary access
to Raarcho Carlsbad Mobilehome Park, all to the satisfaction of the City Engineer. ,+: .
If you have any questions regarding the above, please feel free to call Lee Anderson, St&e
Weed or myself.
-gzjjbqf*-
LSL:pb
cc: Mayor Bud Lewis
Council Persons
Lee Anderson
William Geary
Abraham Keh
Steve Weed
c: “Q+JQP C!.f%/ COunti 1
c2.j mgf-.
Jan 13, 1997 Q-9 COLVCG
The lion. Bud Lewis
Mayor of Carlsbad
Dear Sir:
Re : Future of Ranch0 Carlsbad Country
Club Estates
It is my understanding that, es of this date, Ranch0 Carlsbad is
still not a Resident Owned Park.
Why then has tne CRA been able to have a sign for many months
at the entrance to our park stating ik $3 a Resident Owned Park?
'This is a falsehood!
I hope this matter will be brought up for the hearing scheduled
for Jan. 21, 1997.
Yours very truly,
A Concerned Long Time Resident
January 21,1997
TO: CITY MANAGER
RANCH0 CARLSBAD MO&LE HOME PARK
A. Resolution No. 4033, Finding 11 should be replaced to read the same as Resolution
No. 4032, Finding 15.
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 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 $318,000.00 over a 10 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. Resolution No.4033, Condition No. 10 should be replaced by the following wording:
The applicant shall enter into an!agreement with the City to contribute $318,000
plus interest equaling the average portfolio yield of the City as determined by the
City Treasurer in the month of December of the year of pay
than ten (10) equal installments with the first installment due
date of recordation of the final parcel map. The agreement shall be to the
satisfaction of the City Attorney and may be approved by the City Manager.
C. Resolution No. 4033, Condition No. 11 should be deleted.
D. Resolution No. 4033, Condition No. 16d. should be amended to read:
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. (Delete the remaining
wording)
-- l- s
Resolution 4033, Condition no. 10 will be replaced by the following wording:
The applicant shall enter into an agreement with the City to contribute $3 18,000 plus
interest, payable as follows over a ten year period commencing at the recordation of the
final parcel map: The original principal of $3 18,000 to accrue interest at a simple 6% per
annum for the first 18 months, resulting in a balance at 18 months of $346,620. Starting
at the 19th month, and continuing for the remaining 8 and l/2 years, applicant shall pay
the City monthly payments sufficient to fully amortize this $346,620 with interest
equaling the average portfolio yield of the City as determined by the City Treasurer each
year in the month of December. The agreement may be approved by the City Manager.
P-i
PROOF OF PUBLIC. - ON
(2010 &2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times I Proof of Publication of
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Jan. 10, 1997
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Oceanside
Dated at California, this 10th day
of Jan. 1997
J 2
B JGp=zp? y-22 ___-_ ----------L--- ------- 4 Signature P
NORTH COUNTY TIMES
Legal Advertising
This space is the County Clerk’s Filing Stamp
Notice of Public Hearing ---------------------m---v
-----------------------w-B
/ I I
’ NOTICE=EREBY GIVEN, to you bece use ywrhtetwsmaybeaffected thatthe CilycWndloftheCltyofCarlsbad willhoklapuMkhe&ng atMCity’Council ChanbBrs. WOO ~Vlllage Dfivq, OarWad, Wlfomk atWO pm. on ~~~~21,1997,to~ra~focaZone~(~LCdRiil~)
exkting 108.4 acre, 604 spaoe moMMom@ l-M+aam Paa knW and a htetlve hcelMaptoconvertan
-PSonpoperty
B”“’
perk ~ersntalparktocondomlnium ~IoclltedoMhenolmdd~offlCamhoReal(whkhn~ns eest to west in this area, et Rancho Carl&ad Drive. In Local Fadlit& Manegement Zone 15,sndmort,part[adarfy-~: II 0fSan Diego. SteteofCaltfomie, per Map therWN0.823 din me of& ofthe ApMtlonofLot’B’andLot”E’ofRanchoAgua~londqIntheC of- Count
‘%mty bcorhr of San Diego County, on Nwember 16.l6w.’ , II
ff mu ha- atv cprertkno I(C
s Pitt% Dw-wnt at (819) 43s1161. extewkn 4447.
1
I
AFWICANTI Ranoho carlsbad Tenants In Commcm Group CARLSBACI CITY COUNCIL
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96-WRMHP 9601
Legat4eOe7 Januaw 10.1997 I xp
NOTICE OF PUBLIC HEARING
-
ZC 96-4/FtMHP 96-l/MS-96-8 - RANCH0 C2ARLSBZAD MOBILEHOME PARK
NOTICE IS HEREBY GIVEN, to you because your interests may be
affected, that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad
Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday,
January 21, 1997, to consider a request for a Zone Change (from
L-C to RMHP), a Residential Mobilehome Park Permit, and a 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, and more
particularly described as:
A portion of Lot ‘B" and Lot "E" of Ranch0 Aqua
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 San Diego County, on November 16, 1896.
If you have any questions regarding this matter, please call
Teresa Woods, in the Planning Department at (619) 438-1161, extension 4447.
If you challenge the Zone Change, Residential Mobilehome Park
Permit and/or Tentative Parcel Map in court, you may be limited
to raising only those issues raised by you or someone else at the
public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. The time within
which you may judicially challenge this tentative subdivision
map, if approved, is established by state law and/or city
ordinance, and is very short.
APPLICANT: Ranch0 Carlsbad Tenants In Common Group
PUBLISH: January 10, 1997
CARLSBAD CITY COUNCIL
RANCH0 CARLSBAD
MOBILE HOME PARK
ZC 96-041RMHP 96-01
TO: C1T.Y CLERK * S OFFICE
/ ,, . . ..---.. \ (FqrA A) . i 91 c-/ ,.: 1 3’ ;/ /’ ,/
FROM: Planning Department
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
Ranch0 Carlsbad Mobilhome Park ZC 96-04/RMHP 96-Ol/MS 96-08
for a public hearing before the Clty Council.
Please notice the item for the council meeting of
.
Thank you.
Assistant City Hanhprg- l
12124196 Date
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, December 18, 1996, to consider a request for 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 and more particularly 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.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after December 12,
1996. If you have any questions, please call Teresa Woods in the Planning
Department at (619) 438-l 161, extension 4447.
If you challenge the Zone Change, Residential Mobilehome Park Permit and/or
Tentative parcel map in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZC 96-04/RMHP 96-Ol/MS 96-08
CASE NAME: RANCH0 CARLSBAD MOBILEHOME PARK
PUBLISH: DECEMBER 7,1996
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 Las Palmas Dr. - Carlsbad, CA 92609-l 576 - (619) 438-1161 - FAX (619) 438-0894 @
.
i
209-060-48
ROBERT KELLY KELLY ROBINSON 8 0
2770 SUNNY CREEK ROAD
CARLSBAD, CA 92008
212-l 60-02,03,21 thru 31 DR. HORTON SAN DIEGO NO. 15
10179 HUENNEKENS STREET, 0 5
#lOO
SAN DIEGO CA 92121
212-l 60-01 ALLEN MARCUS
5301 FORECASTLE COURT
CARLSBAD CA 92008
212-l 60-04 JAMES & MARY RYAN
5315 FORECASTLE COURT 0 47
CARLSBAD CA 92008
212-l 60-20 MELVIN & SHOHREH CALSON
2305 LANYARD PLACE 0 44 CARLSBAD CA 92028
212-15241,212-14344 SHEA HOMES LTD
10721 TREENA ST.,
#I200
SAN DIEGO CA 92131
208-020-30 KELLY FAMILY CARLSBAD PTNSHP
PO BOX 2484
CARLSBAD CA 92018 0 I5
208-020-34 KELLY FAMILY INVESTMENT LTD
C/O DlETl-RICH & GILMORE
239 E. 4TH AVENUE 0 ,0
ESCONDIDO CA 92025
208-01 O-32 ROBERTSON FAMILY TRUST
5056 EL CAMINO REAL 0 14 CARLSBAD CA 92008
168-050-l 7 e ROBERTSON FAMILY TRUST 13
5056 EL CAMINO REAL u
CARLSBAD CA 92008
c
212-150-09thru 32
SHEA HOMES LTD PARTNERSHIP
1072
!I200
SAN
1TREENASTREET
DIEGO CA92131
209-060-54 WELAND FAMILY TRUST
5380ELCAMlNOREAL 7
CARLSBADCA 92008 0
212-f 60-05 WILLIAM & JUNE DEVINE
5319FORECASTLECT 48
CARLSBADCA 92008 0
168-050-19
CARLSBAD UNIFIED SHOOL DISTRICT
801 PINEAVENUE
CARLSBAD CA 92008 0 "
168-050-26 HOLLY SPRINGS LTD.
POBOX2484 0 \I
CARLSBAD CA 92018
168-050-23,24
209-060-03,06 THE CARLSBAD RESIDENT ASSOC INC
5200 ELCAMINO REAL
CARLSBAD CA 92008
209-06058 RICHARD KELLEY ’ 0
5200ELCAMlNO REAL
CARLSBAD CA 92008