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HomeMy WebLinkAbout1997-01-21; City Council; 14005; Rancho Carlsbad Mobilehome Parkh . . e‘- ‘. 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 / PAGE 2 OF AGENDi-dlLL NO. h, 14; So 5 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 d 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I - -. 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 / 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. . . . C - 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.” 5 -2- C -. 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) -2- “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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . . . /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - 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 PC RESO NO. 4032 -2- /L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. - - 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. PC PESO NO. 4032 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 PC RESO NO. 4032 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Conditions: 1. 2. 3. 4. 5. 6. 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. PC RESO NO. 4032 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 4032 20 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. - 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/ PC RESO NO. 4032 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. 25. . . . 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 28 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 PC RESO NO. 4032 a3 -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 4033 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - 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 dL -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. C. d. e. f. 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. PC PESO NO. 4033 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. -- 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. s9 PC RESO NO. 4033 4/ -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. The owner shall make an offer of dedication 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 30 PC RESO NO. 4033 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conditions. 18. The tentative parcel map approval shall expire twenty-four (24) months from the 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. - 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. - 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 - ZC 96-04/RMHP 96-01/M, 16-08 - RANCH0 CARLSBAD MOBiLHOME PARK 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 - ZC 96-04/RMHP 96-Ol/Ms 96-08 - RANCH0 CARLSBAD MOB~LEHOME PARR 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 - 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. 39 ZC 96-04/RMHP 96-01/M: s-08 - RANCH0 CARLSBAD MOBl,,HOME PARR DECEMBER 18, 1996 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 EXHIBIT “BB” EXHIBIT “CC” - EXHIBIT “DD” EXHIBIT “DD” EXHIBIT “DD” EXHIBIT “EE” 5s ‘3 ‘E Eii Es cc .- .- K.Ei aa, FE E! $g -- g; $8 bb iz3i ET .- .- EE ‘jb EZ 85 5s zz 88 55 .- .- Rcnz is on wt ix &S z ‘3 fix6 no u)v) CK .- .- KG alal EE l-l- I2 gg -- K al aI Q)Q) iiK2 3b zzi w .- .- EE b‘o E’E ee SE zz St! uu -- 3s SE nn %2 s;'s: Or Yc- FF - Y al B 0 B/ EXHIBIT “EE” K 0 ‘3 8 z .- % Q) E k al 5 8 J s $ b TJ r” .- E P El I 5 Z - - !?!! gi -- EE tiilzi FE 0 0 z-iii FT .- .- is ,oP KC es ss zz K 0 ‘S= tii z .- “0s ‘J ‘L kxi FF .- .- Kc Q)al 33 .- .- l-l- 2! zg -- EE alal %s 2F 0 0 ziz FE .- .- LiE P,o 5’0 YY 5s zz 4s $5 .- .- CYtY ss nn ;5% slz FE FF 5s ‘3 ‘Y= Kii g; .- .- :: aI al 3E; .- .- l-t- 22 z2 00 -- 22 ala K3 ET 00 5-z FE .- .- ig LEE 58 ES zz PP -- 88 Is? SE nn i-G% GZ SE 77 : al E I- - p! 2 3 s 8 E 0 ii z .- E P E I s Z I 0’ Z 0 c 8 2 E n EXHIBIT “EE” 83 p! 3 g z t g !! 0 b E .- E b 2 s s Z - w K .- E 8 ‘E e E Z - - EXHIBIT “EE” - 2) =J % a ii 8 !! 0 izi 0: K .- E 8 z e s Z - 22 : z aI 3 8 b E .- E b ‘E s s Z - 0 ‘K .- t a0 s n 2 3 - 3 (\I - 2 3 8 u 5 Q, iiT b 5 P .- E b ‘E 8 s Z - 0 2 aI ti 4 E n Fi x - 0 G 2 i 75 5 a, g 0 iz m K .- E b ‘E e s Z - ! p! s s n s: x - cv 2 - .g .g 8ii gi .- .- Kc2 Q)a, =z= .- .- l-t- 2E fu 4% H 55 h> -- 2E 0”s Et2 ;g -- L?; $0 6b z-5 c”r” .- .- EE bb LE’E 85 SE zz 0 ‘K pE 30 Ta SE no K4 FA ss SEl ‘E G kKii g; .- .- ix aa, T== .- .- I-!- 22! gg 755 &iii $8 88 bb Fi? .- .- EE bti LE’E es ss zz 00 ‘K ‘K LEE 22 ES no GZ x3 Ls?& EXHIBIT “EE” - 0’ ‘S ki :: K .- : a, z I- - o’s z ‘E fii8 fg .- .- 3% aal == .- .- El- WE K K 22 33 SE nn %3 xx a-- x% - 5Ei ‘E *= Kii s; .- .- %% o)al 3x- .- .- l-t- !?!! 33 8:: -- i?!: 8: bb 5% FE .- .- EE $2 gg I I is zz - EXHIBIT “EE” KC 00 z ‘E gg EE .- .- x Q)P) =z= .- .- +I- s?! 22 00 -- ;; fii bb iz-zi FE .- .- gg EE 8; 55 zz KC 00 Y= *= kKii g; .- .- kw aa, EE B .L- J zf tY c 0 ,z= ki t s s5 -3 ‘J 8: gz .- .- 2: aa =5; .- .- l-i- Et?! 2: 00 -- ;; g$ 6’s zz FZ .- .- EE bb ‘E’E se ES zz E i Ti f 8 2 0 zi 2 ,- E b E e s Z - 5 ‘S ii :: K .- 3 a z k E 2 0 TT 5 $ b tj E .- E b ‘E e 6 Z - i3 .- 5 L s n ‘; x z - ES ‘i; ‘J Iii8 ::iz KC .- .- 33 QQ) == .a .- +I- u)cn .- .- 3: ‘05 no 9% b3 $8 *ua EXHIBIT “EE” EXHIBIT “FF” 5 E 23 “2 ?- a7l td E0 CUE 62 -z A % rn 2 b v) P .a E b E e 5 Z ‘2 Z ‘1. x.. u L= ,’ 0 ‘S 8, 5 V - - 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 EXHlBlT “CC” EXHIBIT “FF” 1 I I i 1 I i i : I : * > ; : : ( i 5 . : I : . I .I , I I I . I i : I - - - EXHIBIT “FF” 4 4 i ’ i . 1 i - d . L . ; I I - I I .: I ; : : i . L I I ’ i 5 I i - I . . ‘I / - I I : I i : : ? : L - To: Fax #: : From: Subject: 1 3 ;;. I cc: 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