HomeMy WebLinkAbout2010-04-27; City Council; 20193; Lanikai LaneCITY OF CARLSBAD - AGENDA BILL 19
AB# 20.193
MTG. 4/27/10_
DEPT. CED
CT 09-04/CDP 09-15 - LANIKAI LANE
DEPT.
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2010-080 APPROVING Tentative Tract
Map CT 09-04 and Coastal Development Permit CDP 09-15 as recommended for adoption and
approval by the Planning Commission.
ITEM EXPLANATION:
Project Application(s)
Tentative Tract Map
Coastal Development Permit
Administrative
Approvals
Planning
Commission
RA
RA
City
Council
X
X
RA = Recommended Approval
* = Final City decision-making authority
-/ = requires Coastal Commission approval
The project consists of the subdivision of the Lanikai Lane Mobile Home Park located at 6550
Ponto Drive. Lanikai Lane is an existing 146 space rental mobile home park which is proposed
to be converted into an ownership park as allowed by California Government Code Section
66427.5. The project consists of creating a one lot subdivision for airspace condominium
purposes.
All onsite facilities necessary to serve the mobile home park exist and no additional
improvements or changes to the current use are proposed as part of this project. Upon
recordation of the final map, each existing tenant will be given the option to purchase the newly
created airspace condominium lot in which their mobile home is located. Tenants that choose
not to purchase may continue to rent their space. Increases in space rent are also regulated by
California Government Code Section 66427.5. (See attachment 9 of the Planning Commission
staff report) A homeowners association (HOA) will be created and each new airspace
condominium unit will have an equal interest in the HOA.
Consistent with California Government Code Section 66427.5, no improvements or
modifications to the existing mobile home park may be required by the City.
The Planning Commission held a duly noticed public hearing on the item on March 3, 2010.
The Lanikai Lane Mobile Home Park association representative spoke in favor of the
subdivision but also voiced concerns regarding the ultimate cost of purchasing the individual
DEPARTMENT CONTACT: Christer Westman 760-602-4614 christer.westman(a)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
i
nnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
n -V/^7// ou 'aa
Page 2
lots. The applicant's attorney provided the Planning Commission a detailed description
regarding the process of establishing lot costs after the subdivision is approved. The Planning
Commission then discussed the merits of the proposed project and voted 6-0-0 to approve the
request.
FISCAL IMPACT:
The approval of this subdivision in the City will increase the property value and subsequently
contribute additional property tax to the City's General Fund. No public improvements may be
required as a condition of project approval.
ENVIRONMENTAL IMPACT:
The project qualifies as a CEQA Guidelines Section 15301 (Existing Facilities) Class 1
Categorical Exemption. The project is consistent with the General Plan as well as with the
Zoning Ordinance, there is no evidence that the site has value as habitat for endangered, rare,
or threatened species; approval of the project will not result in significant effects relating to
traffic, noise, air quality, or water quality; and the site is already being served by all required
utilities and public services. The project is exempt from further environmental documentation
pursuant to Section 15301 of the State CEQA guidelines. A Notice of Exemption will be filed by
the Planning Director upon final project approval.
EXHIBITS:
1. City Council Resolution No. 2010-080
2. Location Map
3. Planning Commission Resolutions No. 6666 and 6667
4. Planning Commission Staff Report dated March 3, 2010
5. Excerpt of Planning Commission minutes dated March 3, 2010.
1 RESOLUTION NO. 2010-080
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
3 MAP CT 09-04 AND COASTAL DEVELOPMENT PERMIT CDP
09-15 TO SUBDIVIDE AN EXISTING 14.38 ACRE RENTAL
4 MOBILE HOME PARK INTO A ONE LOT SUBDIVISION WITH
146 RESIDENTIAL AIRSPACE LOTS ON PROPERTY LOCATED
5 AT 6550 PONTO DRIVE EAST OF CARLSBAD BOULEVARD
AND SOUTH OF SURFSIDE LANE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 22.
CASE NAME: LANIKAI LANE
7 CASE NO.: CT 09-04/CDP 09-15
8 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
9
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on March 3, 2010, hold a duly noticed public hearing as prescribed by law to
consider Tentative Tract Map CT 09-04 and Coastal Development Permit CDP 09-15; and
WHEREAS, the City Council of the City of Carlsbad, on the 27fcb day of
13 ^
Apri_l , 2010, held a duly noticed public hearing to consider said Tentative Tract
Map and Coastal Development Permit, and at that time received recommendations, objections,
protests, comments of all persons interested in or opposed to CT 09-04 and CDP 09-15.16
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:18
19 1. That the above recitations are true and correct.
20 2. That the recommendation of the Planning Commission for the approval of
a Tentative Tract Map and Coastal Development Permit are adopted and approved, and that the
21 findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 6666 and 6667 on file with the City Clerk and incorporated herein by reference,
22 are the findings and conditions of the City Council.
23 3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
24 Review" shall apply:
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1 "NOTICE TO APPLICANT"
2 The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
3 made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
4 the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
5 decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
6 record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
7 record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
8 record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of April, 2010, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Mayor Lewis
/^
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/CLAUDE A. LE4/y/S, Mayor
Ann J. KulchinHVIayor Pro-Tern
ATTEST
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LORRTttNE IvU^eO'D, QiQ Clerk
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Karen R . Kundtz, Assistant City Clerk
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NOT TO SCALE
SITEMAP
Lanikai Lane
CT 09-04/CDP 09-15
5
PLANNING COMMISSION RESOLUTION NO. 6666
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 09-04 TO
3 SUBDIVIDE AN EXISTING 14.38 ACRE RENTAL MOBILE
HOME PARK INTO A ONE LOT SUBDIVISION WITH 146
4 RESIDENTIAL AIRSPACE LOTS ON PROPERTY LOCATED
5 AT 6550 PONTO DRIVE EAST OF CARLSBAD BOULEVARD
AND SOUTH OF SURFSIDE LANE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 22.
CASE NAME: LANIKAI LANE
7 CASE NO.: CT 09-04
8 WHEREAS, Ocean Park Estates I and II, LLC, "Owner and Developer," has
9
filed a verified application with the City of Carlsbad regarding property described as
10
That portion of Lot 1, Section 29, Township 12 South, Range 4
West, San Bernardino base and meridian, in the City of
i 2 Carlsbad, County of San Diego, State of California, according
to the official plat thereof, lying between the State Highway
13 and the railroad rights of way; and
14 Excepting therefrom the south 10 acres thereof lying between
the State Highway and the railroad rights-of-way with the
north and south boundaries approximately parallel; and
16
Also excepting therefrom any portion taken by the State of
17 California in Parcels 6A & 6B of final decree recorded April
23, 1952 as Document No. 50269 in Book 4444 Page 395 of10' &
Official Records; and
19 The south 10 acres of Lot 1, Section 29, Township 12 South,
20 Range 4 West, San Bernardino Base and meridian in the City
of Carlsbad, County of San Diego, State of California,
21 according to the official plat thereof, lying between the State
Highway and the railroad rights of way with the north and
south boundaries approximately parallel; and
23
Also excepting therefrom any portion taken by the State of
24 California in Parcels 6A &6B of final decree recorded April 23,
1952 as document No. 50269 in Book 4444 Page 395 of official75records
26 ("the Property"); and
27
WHEREAS, said verified application constitutes a request for a Tentative Tract
28
Map as shown on Exhibits "A"-"D" dated March 3, 2010, on file in the Planning Department
(c
1 LANIKAI LANE - CT 09-04, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
2 and
3
WHEREAS, the Planning Commission did, on March 3, 2010, hold a duly
4
r noticed public hearing as prescribed by law to consider said request; and
6 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
8 relating to the Tentative Tract Map.
9
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
10
Commission of the City of Carlsbad as follows:y
i -> I A) That the foregoing recitations are true and correct.12
13 B) That based on the evidence presented at the public hearing, the. Commission
RECOMMENDS APROVAL of LANIKAI LANE - CT 09-04, based on the
following findings and subject to the following conditions:
Findings:
That the proposed map and .the proposed design and improvement of the subdivision as
17 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
. „ existing mobile home park density of 10.15 du/ac is within the density range allowed
by the Residential Medium-High Density Land Use designation of 8-15 du/ac
20 consistent with the Land Use Element; that the conversion of the rental mobile home
park to an ownership mobile home park provides ownership housing opportunities
21 to lower income households consistent with the Housing Element; that the proposal
does not negatively affect existing open space consistent with the Open Space and
Conservation Element; that the project is adequately served by the existing roadway
23 system and will not require the addition of new roads consistent with the
Circulation Element; that California Government Code section 66427.5 preempts
24 the conversion of rental mobile home parks to ownership mobile home parks from
the development standards of local ordinances, and furthermore that the
subdivision does not alter any of the existing conditions regarding the availability of
~, water and sewer nor will approval of the subdivision alter the continuance of
existing safety services to the mobile home park such as police and fire protection.
27
2. The Planning Commission finds that the project is in conformance with the Elements of
28 the City's General Plan based on the facts set forth in the staff report dated March 3,
2010 including, but not limited to the following: that the existing mobile home park
PC RESO NO. 6666 -2-
density of 10.15 du/ac is within the density range allowed by the Residential
2 Medium-High Density Land Use designation of 8-15 du/ac consistent with the Land
Use Element; that the proposal does not negatively affect existing open space
3 consistent with the Open Space and Conservation Element; and, that the project is
adequately served by the existing roadway system and will not require the addition
of new roads consistent with the Circulation Element.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
in that the existing land use provides housing as a rental mobile home park and the
7 approval of the subdivision will allow existing renters to purchase their lease space
as airspace condominium ownership or to continue to rent their lease space.
Ownership of the airspace as a condominium is substantially consistent and
n compatible with the surrounding single family residential development in the area.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
11 proposed, in that the developable area of the site is 14.38 acres with a Growth
Control Point of 11.5 units per acres which equates to a potential 165.37 dwelling
12 units onsite, however, the number of airspace condominium lots is proposed to be
, -, the same as the existing number of lease spaces in the mobile home park which is
146 units (10.15 dwelling units per acre). The density exists as lease space and
14 approval of the condominium airspace lots of the same number and density is
suitable for the property.
15
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
, ~ public at large, for access through or use of property within the proposed subdivision, in
that all of the improvements exist and no new improvements are required which will
18 be affected by any existing easements of record.
19 6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
7. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
22 as they exist and spaced adequately to take advantage of existing coastal influences
and to take advantage of shade or prevailing breezes.
23
8. That the Planning Commission has considered, in connection with the housing proposed
24 by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
r\ r
9. That the design of the subdivision and improvements are not likely to cause substantial
27 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is previously disturbed, no natural habitat or wildlife exists
onsite and approval of the subdivision does not include any physical alterations to
PC RESO NO. 6666 -o-
the existing mobile home park nor does it include an expansion of the property
2 already designated within the park.
3 10. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
4 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 (Existing Facilities)
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
7
11. The Planning Commission has reviewed each of the exactions imposed on the Developer
8 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions;
11
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
12 a final map.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
15 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
jy property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
18 or a successor in interest by the City's approval of this Tentative Tract Map.
1" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
_„ and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
21 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
22
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
24 4. If any condition for construction of any public improvements or facilities, or the payment
25 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
2° 66020. If any such condition is determined to be invalid, this approval shall be invalid
»7 unless the City Council determines that the project without the condition complies with
all requirements of law.
28
PC RESO NO. 6666 -4-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this one lot and 146 airspace
condominium Tentative Tract Map, (b) City's approval or issuance of any permit or
c action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, including an action filed within the time period specified in
6 Government Code Section 66499.37.
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
9 7. This approval is granted subject to the approval of Coastal Development Permit CDP
09-15 and is subject to all conditions contained in Planning Commission Resolution No.
10 6667 for those other approvals incorporated herein by reference.
8. Prior to the recordation of the final tract map, the Developer shall prepare and record a
12 Notice that this property may be subject to noise impacts from the existing Carlsbad
Boulevard and North County Transit District railroad right-of-way Transportation
13 Corridors, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #1 on file in the Planning Department).14
, r 9. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to the Planning
16 Director prior to final map approval. The Developer shall provide the Planning
Department with a recorded copy of the official CC&Rs that have been approved by the
17 Department of Real Estate.
1 R 10. Prior to the recordation of the final map, Developer shall submit to the City a Notice of
19 Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
20 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map by Resolution No. 6666 on the property.
Said Notice of Restriction shall note the property description, location of the file
22 containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
23 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Engineering:
26
11. Developer shall submit to the City Engineer CC&Rs addressing the maintenance, repair,
and replacement of shared private improvements within this subdivision, including but
not limited to private streets, utilities,! sidewalks, landscaping, street lighting, enhanced
paving, water quality treatment measures, and storm drain facilities located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
PC RESO NO. 6666 -5- fO
properties within this subdivision.
2 12. There shall be one Final Map recorded for this project.
3
13. This tentative map shall expire three years from the date on which the City Council
voted to approve this application.
Fees/Agreements
6
14. Developer shall cause property owner to execute and submit to the City Engineer for
7 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
° 15. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
10 Non-Mapping Notes
16. Add the following notes to the final map as non-mapping data:
12 a. The owner of this property on behalf of itself and all of its successors in interest has
13 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
14 subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.15
No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
16 to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
The owner of this property on behalf of itself and all of its successors in interest has
18 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the City approved development
plans; or by the design, construction or maintenance of the drainage system or other
21 improvements identified in the City approved development plans.
22 Utilities
Code Reminders:
24 17. Approval of this request shall not excuse compliance with all applicable City ordinances.
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PC RESO NO. 6666 -6-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 3, 2010, by the following vote,
to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Nygaard, and Schumacher
ABSENT: Commissioner Montgomery
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
&fry\ / IQM
DON NEU
Planning Director
PCRESONO. 6666 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6667
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP
4 09-15 TO SUBDIVIDE AN EXISTING 14.38 ACRE RENTAL
5 MOBILE HOME PARK INTO A ONE LOT SUBDIVISION
WITH 146 RESIDENTIAL AIRSPACE LOTS ON PROPERTY
6 LOCATED AT 6550 PONTO DRIVE EAST OF CARLSBAD
BOULEVARD AND SOUTH OF SURFSIDE LANE WITHIN
7 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM IN LOCAL FACILITIES MANAGEMENT ZONE
22.
9 CASE NAME: LANIKAI LANE
CASE NO.: CDP 09-15
10
WHEREAS, Ocean Park Estates I and II, LLC, "Owner and Developer," has
, 2 filed a verified application with the City of Carlsbad regarding property described as
13 That portion of Lot 1, Section 29, Township 12 South, Range 4
West, San Bernardino base and meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the official plat thereof, lying between the State Highway
and the railroad rights of way; and
16
Excepting therefrom the south 10 acres thereof lying between
17 the State Highway and the railroad rights-of-way with the
north and south boundaries approximately parallel; and18
Also excepting therefrom any portion taken by the State of
California in Parcels 6A & 6B of final decree recorded April
20 23, 1952 as Document No. 50269 in Book 4444 Page 395 of
Official Records; and
21
The south 10 acres of Lot 1, Section 29, Township 12 South,
Range 4 West, San Bernardino Base and meridian in the City
23 of Carlsbad, County of San Diego, State of California,
according to the official plat thereof, lying between the State
24 Highway and the railroad rights of way with the north and
south boundaries approximately parallel; and
Also excepting therefrom any portion taken by the State of
California in Parcels 6A &6B of final decree recorded April 23,
27 1952 as document No. 50269 in Book 4444 Page 395 of official
records
28
("the Property"); and
13
WHEREAS, said verified application constitutes a request for a Coastal
2 Development Permit as shown on Exhibits "A"-"D" dated March 3, 2010, on file in the
3
Planning Department, LANIKAI LANE - CDP 09-15, as provided by Chapter 21.201.040 of
4
r the Carlsbad Municipal Code; and
6 WHEREAS, the Planning Commission did, on March 3, 2010, 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
9
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
10
relating to the CDP.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
1 6 RECOMMENDS APPROVAL of LANIKAI LANE - CDP 09-15 based on the
following findings and subject to the following conditions:
17 Findings:
That the proposed development is in conformance with the Certified Local Coastal
. g Program and all applicable policies in that the subdivision of the existing rental mobile
home park property into a single lot for the purpose of creating 146 airspace
20 condominium lots is consistent with the Residential Mobile Home Park zoning
designation and the Residential Medium High land use designations of the Coastal
21 Program in that the existing mobile home park density of 10.15 du/ac is within the
density range allowed by the Residential Medium-High Density Land Use
designation of 8-15 du/ac consistent with the Local Coastal Program Land Use
23 designation; that the rental rates for residents that choose not to purchase their
lease airspace is regulated by California Government Code Section 66427.5 and
24 , thereby will not displace or remove affordable housing within the Coastal Zone, that
no physical improvements are proposed or conditioned as part of the subdivision
request and thereby will not have any impacts on coastal resources; subdividing the
~s mobile home park will not obstruct views of the coastline as seen from public lands
or the public right-of-way, nor otherwise damage the visual beauty of the coastal
zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on the property. In addition, the existing mobile home park is not
28 located in an area of known geologic instability or flood hazards. Since the site does
not have frontage along the coastline, no public opportunities for coastal shoreline
PC RESO NO. 6667 -2-
27
access are available from the subject site. Furthermore, the residentially-designated
2 site is not suited for water-oriented recreation activities.
3 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that subdivision of the property will not have an effect on access
4 to the coast since the property is not located between the shore and the first public
road east of the shore, therefore, the project will not interfere with the public's right
to access the coast and the site is not suited for water-oriented recreational activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
7 Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes or native
vegetation is located on the subject property and the site is not located in an area prone to
8 landslides, or susceptible to accelerated erosion, floods, or liquefaction.
9 4. The project is not located between the sea and the first public road parallel to the sea and,
10 therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
(Chapter 21.204 of the Zoning Ordinance).
11
5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
12 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
6. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
}5 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 (Existing Facilities)
16 of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
1' aPply to this project.
Conditions:
19
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
20 recordation of CT 09-04 as a final map.
<-\ -Iz l 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
~2 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
23 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
24 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
26 or a successor in interest by the City's approval of this Coastal Development Permit.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6667 o-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4
<- 4. 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 Project are
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.
8
9 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
10 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
* 1 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
,- (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
14 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
16
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
17 the Tentative Map reflecting the conditions approved by the final decision-making body.
1 O 7. This approval is granted subject to the approval of CT 09-04 and is subject to all
19 conditions contained in Planning Commission Resolution No. 6666 for those other
approvals incorporated herein by reference.
20
8. Prior to the recordation of CT 09-04 as a final map, Developer shall submit to the City a
21 Notice of Restriction executed by the owner of the real property to be developed. Said
~~ notice is to be filed in the office of the County Recorder, subject to the satisfaction of the
Planning Director, notifying all interested parties and successors in interest that the City
23 of Carlsbad has issued a Coastal Development Permit by Resolution No. 6667 on the
property. Said Notice of Restriction shall note the property description, location of the
24 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
25 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
27
28
PC RESO NO. 6667 -4-
1
2
3
4
5
6
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10
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of-the Planning
Commission of the City of Carlsbad, California, held on March 3, 2010, by the following vote,
to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Nygaard, and Schumacher
ABSENT: Commissioner Montgomery
ABSTAIN:
-—OVA—«J"r> **•
FARRAHtjTDOUGLAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6667 -5-
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: March 3, 2009
Application complete date: October 22, 2009
Project Planner: Christer Westman
Project Engineer: Tecla Levy
SUBJECT: CT 09-04/CDP 09-15 - LANIKAI LANE - Request for a recommendation of
approval of a Tentative Tract Map and Coastal Development Permit to subdivide
an existing 14.38 acre rental mobile home park into a one lot subdivision with 146
airspace lots on property located at 6550 Ponto Drive east of Carlsbad Boulevard
and south of Surfside Lane within the Mello II segment of the Local Coastal
Program and within Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6666 and 6667
RECOMMENDING APPROVAL of a Tentative Tract Map (CT 09-04) and Coastal
Development Permit (CDP 09-15) based on the findings and subject to the conditions contained
therein.
II.INTRODUCTION
The project consists of the subdivision of an existing, 146 space rental mobile home park located
at 6550 Ponto Drive which will convert it to an ownership park as allowed by California
Government Code Section 66427.5. The project consists of creating a one lot subdivision for
airspace condominium purposes.
All onsite facilities necessary to serve the mobile home park exist and no additional
improvements or changes to the current use are proposed as part of this project. Upon
recordation of the final map, each existing tenant will be given the option to purchase the newly
created airspace condominium lot in which their mobile home is located. Tenants that choose
not to purchase may continue to rent their space. Increases in space rent are also regulated by
California Government Code Section 66427.5. (See attachment 9) A homeowners association
(HOA) will be created and each new airspace condominium unit will have an equal interest in
the HOA.
Consistent with California Government Code Section 66427.5 no improvements or modifications
to the existing mobile home park may be conditioned.
III. PROJECT DESCRIPTION AND BACKGROUND
The Lanikai Lane mobile home park is located at 6550 Ponto Drive east of Carlsbad Boulevard,
south of the La Costa Downs small lot single family residential subdivision on Surfside Lane and
Franciscan Road, west of the North County Transit District railroad right-of-way, and north of
the Poinsettia Cove small lot single family residential community on Catamaran Drive and
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page 2
Tradewinds Drive. The mobile home park was built in the early 1970s and has 146 lease spaces.
All access roads, sewer, water, phone, electricity, and gas services exist and are available for the
existing park tenants.
IV. ANALYSIS
The project is subject to the following regulations:
A. California Government Code Section 66427.5
B. Residential Medium High Density (RMH) General Plan Land Use designation;
C. Residential Mobile Home Park (RMHP) Zone (Chapter 21.37 of the Zoning
Ordinance), and Planned Development Ordinance (Chapter 21.45 of the Zoning
Ordinance);
D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Subdivision
Map Act
E. Local Coastal Program: Mello II Segment
F. Growth Management Ordinance
Local regulation of mobile home parks is restricted by the State Mobile Home Parks Act (MPA)
and the Special Occupancy Parks Act (SOP A). The recommendation for approval of this project
was developed by analyzing the project's consistency with the applicable regulations and
policies. The project's compliance with each of the above regulations is discussed in detail in
the sections below.
A. California Government Code Section 66427.5
Conversion of existing rental mobile home parks to unit ownership is governed by California
Government Code Section 66427.5. The analysis is unlike most subdivisions which are subject
to an analysis of consistency with the Subdivision Map Act and Titles 20 and 21 of the Carlsbad
Municipal Code. Typically, the Subdivision Map Act, Title 20, and Title 21 of the Carlsbad
Municipal Code grant the authority to cities to obtain exactions and require public improvements
that will contribute to the buildout of the City's infrastructure through subdivision approvals.
California Government Code Section 66427.5 preempts the City from exactions and
improvement conditions relative to rental mobile home park conversions to ownership parks with
the intention of limiting conversion costs in order to maintain unit purchase prices at affordable
levels. However, the procedural aspects of the Subdivision Map Act, Title 20, and Title 21 of
the Carlsbad Municipal Code still apply.
California Government Code Section 66427.5(a-d) requires that at the time of filing a tentative
map for the conversion of a rental mobile home park to resident ownership, the subdivider shall
avoid the economic displacement of all non-purchasing residents. The subdivider shall offer
each existing tenant an option to either purchase their subdivided unit or continue residency as a
tenant. A report on the impact of the conversion on the existing residents (Tenant Impact
Report) shall be prepared and filed with each existing tenant and provided to each existing
tenant. In addition, a survey of support shall be distributed to the existing residents and the
survey shall be submitted to the local agency as part of the subdivision application. However, a
lack of support for the conversion by the tenants will not preclude the conversion. A Tenant
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page 3
Impact Report was prepared and distributed to the existing tenants of the park. Also, a survey of
support was conducted and the findings submitted to the City (See attachments 7 and 8).
California Government Code Section 66427.5(e) further states that the scope of the public
hearing on a mobile home park conversion shall be limited to the issue of compliance with this
section, (i.e. avoidance of the economic displacement of all non-purchasing residents).
Regulations regarding permitted rent increases for non-purchasing residents are included in
California Government Code Section 66427.5(f) and included below. Compliance with these
rental regulations ensures compliance with California Government Code section 66427.5(e).
The space rent for non-purchasing residents who are not lower income households, as defined in
Section 50079.5 of the Health and Safety Code may be increased from the pre-conversion rate 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.
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 pre-conversion amenities, may increase from the pre-conversion 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.
B.General Plan
The project site has a General Plan Land Use designation of RMH (Residential Medium-High
Density). The RMH Land Use designation allows residential development at a density range of
8-15 dwelling units per acre with a Growth Management Control Point (GMCP) of 11.5 dwelling
units per acre. At the RMH GMCP, 165.37 dwelling units would be permitted on this 14.38-acre
(net developable) property. The existing 146 unit mobile home park has a density of 10.15
dwelling units per acre and the project is consistent with the RMH General Plan Land Use
designation.
The project complies with the Elements of the General Plan as outlined in Table A below:
TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM PROJECT COMPLIANCE
Land Use
The General Plan Land Use
designation for the site is
Residential Medium-High
Density (RMH; 8-15 du/ac;
GMCP of 11.5 du/ac).
The project has a density of
10.15 du/ac which is within
the RMH density range of
8-15 du/ac.
Yes
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page 4
TABLE A - GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM PROJECT COMPLIANCE
Housing Objective 3.5 (Lower Income)
Provide a range of new housing
opportunities for lower-income
households, in all areas of the
City.
Mobile home park
conversions are exempted
from local ordinances
including inclusionary
housing requirements per
California Government
Code Section 66427.5.
Yes
Open Space
&
Conservation
Goal A.I - An open space
system of aesthetic value that
maintains community identity,
achieves a sense of natural
spaciousness, and provides
visual relief in the cityscape
while minimizing the
environmental impacts to
sensitive resources within the
City.
The project does not
impact any sensitive
resources as the site is
graded and devoid of
vegetation.
Yes
Public Safety Reduce fire hazards to an
acceptable level.
The mobile homes are
located in a developed area
(i.e. no fire buffer required)
and meet the applicable
fire code regulations.
Yes
C. Residential Mobile Home Park (RMHP) Zone (Chapter 21.37 of the Zoning
Ordinance), and Planned Development Ordinance (Chapter 21.45 of the Zoning
Ordinance)
The conversion of a rental mobile home park to an ownership mobile home park is strictly
regulated by the State of California. The California State Court of Appeals in the 1st and 6th
Districts have issued decisions interpreting how the Mobile Home Parks Act (MHPA), found in
the Health and Safety Code Section 18200, et seq., relates to local regulation of mobile home
parks, including the conversion of parks from rental to ownership. In addition, an information
bulletin was issued by the California Department of Housing and Community Development
which clarifies that local regulation of mobile home parks beyond the provisions set in
Government Code section 66427.5 is preempted.
Because of this preemption, the development standards of both the Residential Mobile Home
Park and Planned Development Chapters of the zoning ordinance do not apply.
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page 5
D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Subdivision Map
Act
The project is subject to the procedural requirements of the City's Subdivision Ordinance and the
Subdivision Map Act. Consistent with these regulations, the appropriate fees have been paid, the
proper notice of a public hearing has been given, and review by both the Planning Commission
and the City Council will be provided consistent with the procedures established for subdivision
projects that are greater than 50 lots or units.
Improvements that are typically required with major subdivisions will not be required as this
requirement has been preempted by Government Code section 66427.5.
E. Local Coastal Program: Mello II Segment
The project site is located within the Mello II Segment of the Local Coastal Program (LCP). The
site is also located within and subject to the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203). The project's compliance with each of these programs and ordinances is
discussed below:
a. Mello II Segment of the Local Coastal Program
The project site has a Local Coastal Program (LCP) Land Use designation of RMH (Residential
Medium-High Density). The project's consistency with the RMH Land Use designation is
analyzed in Section A above.
The project is the conversion of a rental mobile home park to an ownership mobile home park.
No improvements or construction are proposed nor will construction of improvements be a
condition of approval. Subdividing the mobile home park will not obstruct views of the coastline
as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of
the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on the property. In addition, the existing mobile home park is not located in an
area of known geologic instability or flood hazards. Since the site does not have frontage along
the coastline, no public opportunities for coastal shoreline access are available from the subject
site. Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
b. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that no development is proposed in areas of
steep slopes (> 25% gradient) and no native vegetation is located on the subject property. In
addition, the site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods or liquefaction.
c. Coastal Agricultural Overlay Zone
The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the
Land Use Plan, certified September 1990 and, therefore, is not subject to the Coastal Agricultural
Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page 6
F. Growth Management Ordinance
The proposed project is located within Local Facilities Management Zone 22 in the southwest
quadrant of the City. The mobile home park currently exists. No improvements will be required
as conditions of approval. The following table is for information only and illustrates what
projected infrastructure and improvements would be necessary to support the project if it were a
new development. A separate Local Facilities Impact Assessment Form is therefore not included
as an attachment.
TABLE C - GROWTH MANAGEMENT COMPLIANCE
STANDARD
City Administration
Library
Waste Water Treatment
Park
Drainage
Circulation
Open Space
Fire
School Districts (Carlsbad Unified)
Sewer (Carlsbad)
Water (Carlsbad)
IMPACTS/STANDARDS
507.6 sq. ft.
270.72 sq. ft.
146 EDU
1 .02 acre
1 CFS / Drainage Basin "D"
730 ADT
N/A
Station No. 4
Elementary = 18.34
Middle School = 9.23
High School = 7.64
146 EDU
80,300 GPD
COMPLY
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The proposed project is 19.37 units below the Growth Management Control Point density for this
RMH-designated property.
Since this is an existing project no "new excess" units will be added to the Excess Dwelling Unit
Bank.
V.ENVIRONMENTAL REVIEW
The project qualifies as a CEQA Guidelines Section 15301 (Existing Facilities) Class 1
Categorical Exemption. The project is consistent with the General Plan as well as with the
Zoning Ordinance, there is no evidence that the site has value as habitat for endangered, rare, or
threatened species; approval of the project will not result in significant effects relating to traffic,
noise, air quality, or water quality; and the site is already being served by all required utilities
and public services. The project is exempt from further environmental documentation pursuant
to Section 15301 of the State CEQA guidelines. A Notice of Exemption will be filed by the
Planning Director upon final project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 6666 (CT)
2. Planning Commission Resolution No. 6667 (CDP)
3. Location Map
CT 09-04/CDP 09-15 - LANIKAI LANE
March 3, 2010
Page?
4. Background Data Sheet
5. Disclosure Statement
6. Reduced Exhibits
7. Tenant Impact Report Dated September 2009
8. Mobile Home Park Survey Results dated October 12, 2009
9. California Government Code Section 66427.5
10. Full Size Exhibits "A" - "D" dated March 3, 2010
BACKGROUND DATA SHEET
CASE NO: CT Q9-04/CDP 09-15
CASE NAME: LANIKAI LANE
APPLICANT: Ocean Park Estates. LLC and Ocean Park Estates II. LLC
REQUEST AND LOCATION: To subdivide an existing 14.38 acre rental mobile home park
into a one lot subdivision with 146 residential airspace lots on property located at 6550 Ponto
Drive east of Carlsbad Boulevard and south of Surfside lane in Local Facilities Management
Zone 22.
LEGAL DESCRIPTION: That portion of Lot 1. Section 29, Township 12 South. Range 4
West, San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of
California, according to the official plat thereof, lying between the State Highway and the
railroad rights of way. Excepting therefrom the south 10 acres thereof lying between the State
Highway and the railroad rights-of-way with the north and south boundaries approximately
parallel. Also excepting therefrom any portion taken by the State of California in Parcels 6A &
6B of final decree recorded April 23. 1952 as Document No. 50269 in Book 4444 Page 395 of
Official Records. The south 10 acres of Lot 1, Section 29, Township 12 South, Range 4 West.
San Bernardino Base and meridian in the City of Carlsbad, County of San Diego, State of
California, according to the official plat thereof, lying between the State Highway and the
railroad rights of way with the north and south boundaries approximately parallel. Also
excepting therefrom any portion taken by the State of California in Parcels 6A &6B of final
decree recorded April 23, 1952 as document No. 50269 in Book 4444 Page 395 of official
records.
APN: 214-150-09&10 Acres: 14.38 Proposed No. of Lots/Units: 146 airspace condominiums
GENERAL PLAN AND ZONING
Existing Land Use,Designation: Residential Medium High (RMH)
Proposed Land Use Designation: N/A
Density Allowed: 8.0- 11.5 Density Proposed: 10.15
Existing Zone: RMHP Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
General Plan Current Land Use
Site RMHP RMH Mobile Home Park
North R-l RMH SFR
South RD-M RMH SFR
East RD-M/RD-M-Q RM/RMH/0 Mixed Use
West OS OS Camp Ground
Revised 01/06
LOCAL COASTAL PROGRAM
Coastal Zone: [x] Yes I I No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: | | Yes [Xl No Coastal Development Permit: 1X1 Yes | | No
Local Coastal Program Amendment: I I Yes 1X1 No
Existing LCP Land Use Designation: RMH Proposed LCP Land Use Designation: N/A
Existing LCP Zone: RMHP Proposed LCP Zone: N/A
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 146
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, 15301 Existing Facilities
I | Negative Declaration, issued
I | Certified Environmental Impact Report, dated
D Other,
Revised 01/06
City of Carlsbad—, ,—_—^j. ^H^l^^_^^^^^»_^.»|lll|__^^__^^^^^_^^^-|__
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social c!ub, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
SEE ATTACHED LISTPerson ; Corp/Part
Title Title
Address Address
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal ownership
(i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership
includes a corporation or partnership, include the names, title, addresses of all individuals
owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF
THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a
publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person SEE ATTACHED LIST Corp/part
Title Title
1635 Faraday Avenue • Cartsbad CA 92008-7314 - {7605 602-4600 * FAX (760) 602-8559 • wwwci.carlsbad ca.us
08/11/2009 14:26 32393326527 TITAN PAGE 02
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, iisl
the names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust SEE ATTACHED LISTNon Profit/Trust
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes \/\ No If yes, please indicate person(s)._
NOTE: Attach additional sheets if necessary.
I certify that ail the aroqvi! information is true and correct to the best
Sig nature ot/>wner/d
Print or type name of owner
nowledge
3 A,c(.c-
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
2 of 2
City of Carlsbad Planning Department Disclosure Statement
Applicant Information
Title
Person
Ocean Park Estates, LLC
Hasmukh Bhakla
T.A. Shadian Family Living Trust
dated 4/1 0/09 c/o Troy Shadian
Savage/Black Living Trust dated
12/12/97 c/o Alistair Black
Chris Tokarski
Fellows Living Trust c/o Boyd
Fellows
Core Carlsbad, LLC c/o Troy Shadian
JARS Holdings, LLC c/o Sima Bhakta
JARS Holdings, LLC c/o Roshan
Bhatka
The Kelan Bhakta & Sunita Bhakta
Trust c/o Kctan Bhatka
Ryan Bemath
Kushal Bhakta
STM Investments, LLC c/o Manish
Bhatka
H.S. Industries LLC c/o Lisa Savone
U.S. Industries LLC c/o Nick Savone
Interest
Tenant In Common
Member
Member
Member
Member
Member
Manager
Member
Member
Member
Member
Member
Member
Member
Member
Street
17780 Fitch, Suite 145
3430 Butler Avenue
17780 Fitch, Suite 145
15466 Los Gatos Boulevard, Ste. 109
29 Eugene Street
PO Box 182
177 80 Fitch, Suite 145
177 80 Fitch, Suite 145
1 7780 Kitch, Suite 145
8851 Gallant Drive
1 006 N. Beverly Glen Boulevard
. 1 1 844 E. Firestone Boulevard
17780 Filch, Suite 145
86 Tranquility Drive
86Tranquility Drive
Citv
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Irvine
Easton
Easton
State
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
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CT
CT
Zip
92614
90066
92614
95032
94941
94957
92614
92614
92614
92646
90077
92614
62614
06612
06612
Ocean Park Estates II, LLC
Usher Diversified Moldings, LLC
Stephen Usher
Owner Information
Person
Ocean Park Estates, LLC
Hasmukh Bhakta
T.A. Shadian Family Living Trust
dated 4/10/09 c/o Troy Shadian
Savage/Black Living Trust dated
12/12/97 c/o Alistair Black
Chris Tokarski
Fellows Living Trust c/o Boyd
Fellows
Core Carlsbad, LLC c/o Troy Shadian
JARS Holdings, LLC c/o Sima Bhakta
JARS Moldings, LLC c/o Roslian
Bhatka
The Kclan Bhakta & Sunita Bhakta
Trust c/o Keian Bhatka
Ryan Bemalh
Kushal Bhakta
STM Investments, LLC c/o Manish
Bhatka
M.S. Industries LLC c/o Lisa Savone
U.S. Industries LLC c/o Nick Savone
Tenant In Common
Manager
Manager
Title
Interest
Tenant In Common
Member
Member
Member
Member
M=mber
Manager
Member
Member
Member
Member
Member
Member
Member
Member
2050 Laurel Canyon Road
2050 Laurel Canyon Road
2050 Laurel Canyon Road
Street
17780 Fitch, Suite 145
3430 Butler Avenue
17780 Fitch, Suite 145
15466 Los Gatos Boulevard, Ste. 109
29 Eugene Street
PO Box 182
17780 Fitch, Suite 145
17780 Fitch, Suite 145
17780 Fitch, Suite 145
8851 Gallant Drive
1006 N. Beverly Glen Boulevard
1 1844 E. Firestone Boulevard
17780 Fitch, Suite 145
86 Tranquil ity Drive
86 Tranquility Drive
Los Angeles
Los Angeles
Los Angeles
City
Irvine
Los Angeles
Irvine
Los Gatos
Mill Valley
Ross
Irvine
Irvine
Irvine
Muntington Beach
Los Angeles
Konvalk
Irvine
£aston
Eastoii
CA
CA
CA
Stale
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CT
CT
90046
90046
90046
Zip
92614
90066
92614
95032
94941
94957
92614
92614
92614
92646
90077
92614
92614
06612
06612
Ocean Park tstaics 11, LLC
Usher Diversified Moldings, LLC
Stephen Usher
Tenant In Common
Manager
Manager
2050 Laurel Canyon Road
2050 Laurel Canyon Road
2050 Laurel Canyon Road
Los Angeles
Los Angeles
Los Angeles
CA
CA
CA
90046
90046
90046 BEST
COPY
VESTING TENTATIVE TRACT HAP No. CT 09-04
GENERAL INFORMATION
LANIKAI LANE MOBILE HOME PARK
VESTING
TENTATIVE TRACT MAPNo. CT 09-04for Condominium Purposes
OWNER S CERTIFICATE
LEGEND
CARLSBAD BOULEVARD
EASEMENT INFORMATION
HiCffSift JJ!£ 13. 1S1I B BO* 50S PACE 31 OF DOESIffECIi US IXACT [OCAfiQH AtO D.TLNI OF WStt3£WJ*F 6 nul QSaOStD (T fi£CC«)
HIS iMCBJiltlAl MHIO
WfEO TO; SAB OEM CC
CRWTED Ift SAN DiECO CAS UC E1KWC CO*Wl
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CORPdwnON AND SOUTH 3W55 DEW1GPUENT CCKKNincN.aBfci 10 MI M itsus, mnacns nti caanoiS
1SS5-028JMS OF CfTIQAL KOTOS.
MOBILE HOME PARK
VESTING
TENTATIVE TRACT MAPNo. CT 09-04for Condominium Purposes
BONG A PROPOSED OMSON Of THAI PORTION Cf LOT I. SECTION 29, TOWNSHIP I! SOUTH.
RANGE 4 WEST. SAN 6ERWROMJ BASE AMI UEftOUN. W THE CTTT Of CARLSBAD, COUNTY Cf
SAN DSGO. SUTE Cf CAUFORNH. ACCOWG TO ME OFFlCW. PUT THEREOF. LUNG 6ETWEN
THE StAlE MCHMT AMI THE RAILROAD RIGHTS Of WT AND THE SOUTH ID ACRES OF LOT I.SECTION 29, TO»NSH*> Ij SOUTH, RANCE 4 *EST, SAN BESWKWO BASE AW UIRDWN IN
THE Cm OF CARLSBAD, COUNTT OF SAN JKGO. STATE OF CAUFOfiW. ACCORDING TO THE
OmCW. PLAT THEREOF. UWG BETKEN THE STATE MGtflUr AW THE RAILROAD RIGHTS Ofmr «m THE woflfH wo SOUTH BOUNDARIES APPWMIWTRV PARAOEL
Hi EASOENI FOR DC PJJrasE Stow EQ.OI UID
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IN SA1J OvOJUC^I
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1L
~~ SITE PLAN —
JS— VfSSS^"-fff^f/-'' LANIKAI LANE MOBILE HOME PARK
VESTING
TENTATIVE TRACT MAPNo. CT 09-04for Condominium Purposes
CARLSBAD BOULEVARD CARLSBAD BOULEVARD BBtK A manStD OMSKJN Of THW PORTION Of (01 1, SECTION 29, TOWSHP II SOUTH,
RVi« 4 HIST. SAN BEftruftOWO SUE AND UtMDIM. IN TW OTT Of CWISOU. COUNTY OFM4 MGO, STATE ff OUfOWW, XCOUNNG TO THE CfTXWL PUT 1HD*£Of, ITVtt EC7W££N
M STATE WMUr AND D€ AV1ROU R1CWS Of »r *ND M SOUTH !0 ACRtS Of LOT I.
SECTION 29, TOtNSW 12 SOU1K MK£ 4 WHI, SV4 SEWMRDnU fl*££ AW KKMH IHM cur of owsaio. cowrr or SAN DIEGO, sr^iE or auroaw, Accoramc 10 WE
OFFICIAL PLAT THEREOF. ITWC BtTWt£H THE STATE WOflMf MD THE RAUKHD fiBHTS Of
Mr IMTH THE NOHTH AND SOUTH BOUNOWlES APPHOXIIMiaY P«*li£L
LEGEMD
CB - CAIC* BASH
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!OEP1K(£
T1MCW
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SW WCO W5 4 EUCIac CO <7) - nlll H£KfiT Idn f
1 • MCcUTHOlE SPACE NUUBIP
VHP BOOWCWW
xuawfc raoPcBfr eowvowr
, INDICATES THE W.TIWTE FERWEKBBOUMURT Of THE SWCIE tOl
SUbQiVSKN fOS DluCH TrtS UAP
S PR£PA*ED.S/o OOLDST/EN - CIVIL ENGINEER. INC.
1; (SOS) esa-!32fi rw: (SQS) 6SS-6S
G/MFHJC SCA1E
LEGEND
SPUE HMO
P>K«tG SPAC£
UW BOtMWfr
AOJOUiiNC PfiuPER
SITE MAP
GENERAL NOTES
ENGINEER HAS flEUED UPON INTOAtunON SUPPLIED IN IHE CH£ACO HTlf COMPANY POUCr No.iXaitl7a-U50. OAIED 24 JUN 03 JO BISCLOSi AECQRO EASEUENTS TOT KJTOfH OR 8UJE/HTHS PSOPERTr.
HO uoNuuENMnm VMS FOUND OR SET Ar iw PKPEXTT QXNUG uwfss NOTED
THS IW B INTENDfD 10 SHOW THE tXHfKM. FEATURES AND IS NOT A SLW.FTID OE
THERE £ NO EVDEMCE V SOU) WASTE CUUP. SUUP OR SAWIAffr LAW FILi USE.
KOADKtlS AND PARKING WTHW THE LANKtl LANE UOSHE HOME PARK ARE EXISTING A>
WCED »TH ASPHAL7 PAVEMENT.
EMSTM; TREES AW VEGETATION TO REKAW H PLACE AND UNBSWSSOI.
LANIKAI LANE MOBILE HOME PARK
VESTING
TENTATIVE TRACT MAPNo. CT 09-04for Condominium Purposes
BEiHC A PROPOSED OMSJON Of THAT POHWH Of LOT I. SECTION 29. TO*«SHP If SOUTHHANCE 4 «S7. WN SEKNAfiHNO B«e WD U£ftC6*N. M IW£ CITY Of CASLSatf. CODWTV OfSAN DCGO, SUTE Of CALJFORW. -ttCQRWW TO THE OFDCM PUT m£*EOf. LHNC aEFHEINTHE SIAtt HGHM fHO THE fWtKW RKWS Of HUT AND THE SOUTH 10 ACRES Of tOT I,SfCWN 29. IGWCHP tl SOUTH ftVJGE 4 BEST. SAN BERHIMWtt BUE WQ WERJOW* Mrut cirr of cMLsau. cowflr or SAN OECO. SUTE or CAUOWW. ACCORDING 10 THEomew. pmr mENEOf, iiwc BETWEEN THE STATE womw AND THE wutwi S^HIS or*Air MIX THE NWTH AND SOUTH BOUMMMS AWMWMiar PAfiAlifl-
TENANT IMPACT REPORT
LANIKAI LANE MOBILEHOME PARK
September 2009
1. Purpose of Tenant Impact Report. This Tenant Impact Report ("TIR" or "Tenant
Impact Report") is being prepared pursuant to California Government Code § 66427.5. The
purpose of this TIR is to explain the protections afforded to those Resident Households' that
elect not to purchase a condominium interest in Lanikai Lane Mobilehome Park ("Park"),
located at 6550 Ponto Drive, Carlsbad, State of California, 92009. All Resident Households will
be afforded the opportunity to either (i) buy the space on which'their mobilehome is situated or
(ii) continue to rent the space on which their mobilehomev^ft^ated. For purposes of this TIR,
the term "mobilehome" shall have the same meaninj; d^ggmeS]|p.der California Civil Code §
798.3, which, among other things, includes a "manptilierured home';:4s( defined under California
Health & Safety Code § 18007. ,f?'" t'
1.1 Change of Ownership Rather Thkn Change of Use. Whenever a mobilehome
park is to be converted from a rental-only park to one ^here,Splices/lots may be owned by the
residents, the Subdivision Map Act, found in the Califor)iia^GDvernment Code § 66427.5,
requires the entity which is converting*lke mobilehome park to file a report on the impact that the
conversion to another use will have orTfhe residents and occupants of the mobilehome park. The
Park will remain a manufactured housing-community, with the existing Resident Households
having the right to either buy their Condominium Unit2 or.to remain and rent their lot. The Park
is not being closed and the Residents are not vacating the property, but rather, the Resident
Households have available to them additional options that were not available to them before the
conversion occurs. After conversion, the Resident Households will be able to either purchase
their individual spaces and a share in the common area and facilities from the Park owner ("Park
Owner"), and participate in ffie,pperation of the Park through a homeowners' association
("Homeowners' Association"), or continue to rent their individual spaces; provided, however,
the first Isale of spaces and a share itfthe common area and facilities in the Park will not occur
until that "certain ground lease, encumbering the Park between Park Owner and the Lanikai Lane
Homeowners'Association has terminated.'The Park will not have a change of use, but rather
only a change in the method of ownership.
"Resident Household" or "Resident Households" means any person(s), entity, or group of person(s) who has a
tenancy in the Park under a Rental Agreement or Lease (as defined under Section 2) on the date of the issuance and
delivery of the Final Public Report (as defined under Section 4.2(c)). Please note that this definition does not mean
the same as Resident or Residents as defined in Section 1.2 herein.
"Condominium Unit" means the airspace unit which is defined as 1 foot below grade and 40 feet above grade,
with the lateral and horizontal planes demarcated by the lot lines established on the ground (in other words, the
space the Resident is currently occupying), plus 1/146"1 fee simple ownership of the common area and facilities and
one membership in the Homeowners' Association to be formed as part of the entitlement process. For those who
elect to remain renters, this means that those households will continue to rent the same space they were renting prior
to the conversion of the Park.
[DMM:az/l 91165_ 2.DOO 11) 1409/4786.001 j
The State of California recognizes the substantial difference between a change of
use, which results in the closure of a mobilehome park from a change in the method of
ownership by the implementation of different State of California statutes applicable to each. For
all purposes hereunder, California Government Code § 66427.5 controls for purposes of
determining what rights the non-purchasing Resident Households will have after the conversion
is completed. As detailed below, the conversion of the Park will result in neither actual nor
economic displacement of its Residents.
1.2 Definition of Resident(s).
(a) Categories of Resident Households witttin the Park. California
Government Code § 66427.5 divides the Residents of the P,ar]prito two (2) income categories for
the Resident Households: (1) non-lower income and (2^^je;^^pome households. Lower
income households are defined in Health & Safety Cp'dt^*5007^^^s "those persons and
families whose income does not exceed the quali&^g*limits for lo^tocome families as
established and amended from time to time pu£sjfant'1to Section 8 of lllt|Jnited States Housing
Act of 1937." The greatest protections are givefifo the lower-income households. The income
limits are based on the county median income arieOhe household size as prepared and distributed
.7f\i /*'* * £* !Lunder the United States Housing Act. To qualify as'Slower ^income household,, the following
income limits were established for calendar year 2009^^ '*"
Household Size # of Persons *
Income Must be at or Below.
."1 ~% , '-„
$46,250 '
2
$52,900 ;,-
3
-$59,500
4
$66,100
The foregoing lower-income household income limits for "calendar year 2009 are provided only
as an example of applicable income limits. On the Conversion Date (as defined in Section 4.3
hereof), such lower-income household limits are likely to be different, probably higher. For a
Resident Household to qualify as a lower-income household for purposes of California
Government Code- § 66427.5* the Residem/Household would need to qualify with respect to the
lower-income household jequireni|nts applicable ,as of the date the Final Public Report is issued
by the BRE and delivered'fo each Resident Household and the City of Carlsbad. If, for example,
the date of tHe issuance and delivery ofthe Final Public Report is four (4) years from the date the
final map for the conversion records, then aHesident Household in order to qualify as a lower-
income household would need to qualify under the income limits then applicable.
(b) Definition of Resident(s). As used in this Tenant Impact Report, a
"Resident" or "Residents" is a homeowner or other person who lawfully occupies a mobilehome
in the Park.
2009 State Income Limits for San Diego County.
[DMM:az/191165 _2. DOC/I 01409/4786.001]
35
1.3 Description of the Property. The Park was constructed in approximately 1964
and is a one-hundred and forty-six (146)-space "Family" Park (no age restriction applies),
situated on approximately fourteen (14) acres. The Park has wide asphalt streets; utilities are
underground. The common area contains a clubhouse with an office, full kitchen, bathrooms,
game rooms, craft rooms, billiards room, fitness center. There is a pool, spa, shuffleboard, and
laundry facilities. There are 40 guest parking spaces.
2. Residents' Current Position/Rights.
2.1 Current Occupancy. Currently, almost every Resident resides in the Park under
an occupancy agreement (hereinafter collectively referred to as "Leases"). Only one Resident
and the household of such Resident resides in the Park under'aThonth-to-month written rental
agreement ("Rental Agreement"). - -,, ^
2.2 Residents' Rights, hi addition to the* terms of the*'feases and the Rental
Agreement, the tenancy rights of Residents residSFg-tn the Park are gowned by California Civil
Code § 798 et seq. ("Mobilehome Residency "Law"), and other applicable California statutory
and case law. „ •- _
v • • .-
3. Park Owner's Rights Upoir.Conversion. ' ,•*_,:
3.1 Right to Change Use. -Generally the Park Owner, pursuant to the California
Government Code and Mobilehome Residency Law, has the right to terminate all existing
tenancies and require the Residents to vacate the property and go out of business or change the
use of the property, providing all applicable laws are followed. The Park Owner, however,
through this TIR, agrees to waive the right to terminate any tenancies and existing Leases or
require that the Residents vacate the property. Under this scenario, non-purchasing Resident
Households will NOT be required to-vacate their'space and, as described in more detail in
Section 4 below, will have occupancy rights subject to any Lease or Rental Agreement,
Mobilehpme Residency?Law, and'California law,,-as applicable. Therefore, there will be no
actual eviction or displacement due to the conversion and Resident-purchase of the Park.
4. No Actual or Economic Displacement.
4.1 Impact of Conversion. Under the California Government Code and the
Mobilehome Residency Law, the subdivider is required, as a condition of conversion, to prepare
a TIR to set forth the impact of the conversion. Further, the rental increase amount, which may
be charged by the owner of the space subsequent to the conversion, is specified and is mandatory
in California Government Code § 66427.5. As a result of the conversion, there will be no
physical change of use. The property was before and will be after the conversion, operated as a
mobilehome park. The difference is that instead of an investor/operator owner, a Homeowners'
Association will operate the property.
4.2 Rental Rate Increases: No Economic Displacement. To the extent there is any
economic displacement of Resident Households who elect to not purchase the space on which
their mobilehome is situated, it is mitigated by allowing such non-purchasing Resident
Households to continue their tenancy in the Park under the California Subdivision Map Act
rental increases restrictions pursuant to California Government Code § 66427.5 (f) (1 &2)("Map
[DMM:az/l 91165_2. DOC/101409/4786.001]
Act Rents"). The Map Act Rents are based upon two (2) formulas: one formula for non-lower
income permanent Residents and one formula for lower income permanent Resident Households,
as defined in California Health and Safety Code § 50079.5.
(a) Non-Lower Income Resident Households. For the non-lower income
Residents, the base rent may be increased in equal annual increases over a four (4)-year period to
market rent. Base rent is defined as that rent which is in effect prior to the Conversion Date (as
defined in Section 4.3). Market Rent is established by an appraisal "conducted in accordance
with nationally recognized professional appraisal standards." This protection provides time for
those non-lower income households to plan for the rental adjustment to market.
(b) Lower Income Residents. The State" of California has emphasized its
goal of protecting housing for the lower income populatio^iofjCalifornia under California
Government Code § 66427.5. The lower income househ'dlds reVe/i^e a guarantee of reduced
rental increases beyond that which any local junsdiltifjpn can enacHmder the current rent control
cases and laws of California. Lower income is.defjbaSd in California Government Code § 66427.5V % >-iy v ^ °
by referencing California Health and Safety Code § 50079.5, which in turr^defmes lower income
persons as persons and families whose income does-riot exceed the qualifying,Umits for lower
income families as established and amended from time to tirn'e'p'ursuant to Sec'fkm 8 of the
United States Housing Act of 1937. Lower income Residents "are protected for the entire term of
their tenancy.
(1) Rent Increase Formula. The base rental increase is the average
increase for the previous four"(4) years immediately preceding the'conversion, but shall not
exceed the Consumer Price Index ("CPI") average monthly percentage increase for the most
recently reported period.
(2) Application Process. The Residents must provide the same
information and confirmation oftKe Resident's income as though that Resident were applying
for a State of California, Mobilehome Park Ownership Program ("MPROP") loan each year. In
the event jthat program is'AOjlonger.iii existence, the last application documents will become the
permanent documents, and the qualifying income levels will be those established by either the
State of California Housing and Community Development Department ("HCD") or the United
States Housing and Community Development Department, at the election of the owner of the
space.
(c) Effective Date of Map Act Rents. The effective date of the Map Act
Rents shall be the Conversion Date (as defined in Section 4.3 herein). As part of the distribution
of the final public report ("Final Public Report") issued by the California Department o Real
Estate ("DRE"), the Leases and qualifying information shall be simultaneously distributed.
4.3 "Conversion Date". Conversion Date is defined as the date of the first sale of a
space/lot.
4.4 No Actual Displacement. Each Resident Household will be given the choice to
buy the lot on which their mobilehome is situated or to continue their tenancy in the Park under
this Tenant Impact Report. To receive the protections provided herein and under the California
[DMM:az/l 91165 _2. DOC/101409/4786.001]
Subdivision Map Act, the Resident must be a Resident, as defined in Section 1.2(b). Further, the
Park Owner has specifically waived its right to terminate tenancies (See Section 3). Therefore,
there will be no actual eviction of any Resident or relocation of their mobilehome by reason of
the Park conversion to Resident ownership.
4.5 Conclusion: No Actual Nor Economic Evictions. The legislative intent behind
relocation mitigation assistance as contained in Government Code § 66427.4 is to ensure that
Residents who would be evicted due to the conversion of a mobilehome park to another use are
protected, and that a plan is submitted and approved to ensure that protection. The purpose for
the impact report is to explain how and when the Residents have to vacate the property, and what
financial assistance the Residents would be receiving to assist in the costs of removing their
mobilehome and other personal effects. However, under the present conversion, which will not
result in another use and vacation of the property, the purppse of this Tenant Impact Report is to
explain the options of the Residents and Resident Hpjis^Sblds regarding their choice to purchase
or to rent their space. The Park Owner has agreedpbyfthis TIR, to*^|p||e its right to terminate
existing tenancies and Leases upon the conversions (See Section 3 abo%)^and any Resident who
chooses not to purchase a PUD/CondominiuniThte.rest (defined below) m'ajf reside in the Park as
set forth in Section 3 and Section 4.2 above. Thus, there will b,e no economieMisplacement
based on the Map Act Rents nor actual eviction of anylResideJjt'Household because of the
conversion and, therefore, no relocation' mitigation is inquired.
5. PUD/Condominium Interest: Ninety (9.0) Day Right of First Refusal to Purchase.-*.
5.1 PUD/Condominium Interest. The conversion provides the Resident Households
with the opportunity to'aequire'an ownership interest in the Park. As stated above, the form of
ownership will be a PUD/Condominium Interest. "PUD/Condominium Interest" means a real
property ownership interest that (i) will be transferred by a grant deed, (ii) will be insured by a
policy of title insurance, (iii) contains front and back lot line boundaries properly marked by a
licensed land surveyor and specific legal descriptions set forth on a "Condominium Plan", (iv)
will be a matter of public record when recorded, and (v) comprises the airspace directly over the
current rental spaces, a one-in-one hundred forty sixth (1/146th) interest in the Park's common
areas, and'iy|146th interest in the common area lot, as tenants in common. All
PUD/Condominium Interests are held pursuant to the description of general rights and associated
factors as set forth in the articles" and bylaws of the Homeowners' Association, certain conditions,
covenants and restrictions, and California law pertaining to such ownership.
5.2 Right of First Refusal. As required by California Government Code § 66459,
each Resident Household Shall be informed that they have a ninety (90)-day right of first refusal
period. The right of first refusal period commences upon the issuance by the DRE and delivery
of the Final Public Report. During the ninety (90) day period each Resident Household shall
have the exclusive right to decide whether or not to purchase a PUD/Condominium Interest or
continue to rent his or her space.
6. Legal Notices. The Resident Households have received the Notice of Intent to File a
Map with the City of Carlsbad and will also receive all additional required legal notices in the
manner and within the time frame required by the state and local laws and ordinances. All
prospective tenants have and will receive the Notice to Prospective Tenant(s).
7. Purchase Impact. Pursuant to the Park's governing documents, after conversion to
Resident ownership, in the event a Resident or Resident Household wishes to sell his or her
mobilehome, the purchaser of the mobilehome will be required to buy the lot as well. After
conversion, however, the purchaser will have financing options that were unavailable prior to the
conversion. Financing options include conventional real estate secured home loans secured by
both the lot and the mobilehome, as opposed to personal property loans secured only by the
mobilehome before conversion. The advantages of conventional real estate secured home loans
as opposed to personal property secured loans are described in Section 9 below, and certain
specific financing options available to certain purchasers are described in Sections 8 and 9
below.
All Resident Households electing to purchase their lots will benefit from the advantages
of home ownership over renting, including building equity,,'benefiting from the appreciation of
the value of real property, acquiring deeded land to leaVe'to heirs;%id participating as a voting
member in the Homeowners' Association that goj£§jfis the Park iriwMch they live.
/~H- ~~l -
8. Financing Options for Lower Incomfe'Households. MPROP is,a State of California
funded program operated through the HCD. MPROP was established to finance the preservation
of affordable homes by conversion to resident ownership as described under'California Health &
Safety Code §§ 50780-50786.5. MPROP, is available to-Resident Households wh'b elect to
purchase their unit and who qualify a|*%,r0wer-income household as defined by the lower income
limits provided by the HCD each year. ^Income limits for lower income households established
for calendar year 2009 for San Diego County are described under-Section 1.2(a) above.
The MPROP program offers long-term .(30-year) loans at 3% simple annual interest, to
lower-income residents of a mobilehome park that has been converted, to ensure housing
affordability for residents who purchase a unit in the mobilehome park. An MPROP loan does
not usually cover the entire purchase price; it is often paired with a conventional loan and other
sources of financing, and provides^o'n a sliding scale, an amount sufficient to secure a monthly
payment so-that total monthly costs-should riot exceed 30% of the resident's monthly income,
which is consistent with affordable housing guidelines.
>• * T ' ~ **" -^
MPROP currently offers'$2,000,000 in loan financing per park per year. If additional
funding is needed in order to fund all qualified lower income residents who wish to purchase, re-
applications can be made in subsequent years. MPROP exists solely to provide lower-income
residents the opportunity to own an interest in the mobilehome park in which they live and to
secure and maintain affordable housing through the conversion of existing rental mobilehome
parks to resident owned mobilehome parks.
9. Financing Options for Non-Lower Income Households. After conversion to Resident
ownership, non-lower income Resident Households that have elected to purchase their lot will
have various options available to them to finance their purchase. Lending institutions consider
mobilehomes on leased land to be personal property or "chattel". Chattel financing is shorter
term with higher interest rates. Once a mobilehome park is subdivided in connection with
conversion, the mobilehome and the subdivided real property can be financed with a
conventional real estate secured home loan. Real estate secured loan rates are historically lower
lDMM:az/191165_2.DOC,' 101409/4786.001 ]
than chattel financing and lending institutions offer many decades to make payments because of
the value and security of the land.
Low-interest funding is also available through the Cal Vets program. Many cities also
make partial funding/loans available through programs such as First Time Home Buyer, Cal
Loan, AHIF, Redevelopment Agency Fund, etc.
10. Tax Advantages. Property taxes will be based on the sales price of the lot. However, if
more than 50% of the lots are purchased within the first year following the Conversion Date, a
purchaser's property taxes will be based on the seller's property tax base under applicable
California law. This would mean a significant savings if Resident Households choose to act on
this right. A Resident Household that elects to buy insteadjaffent is also able to deduct
mortgage interest on their tax return, affording additional, savings
11. Assurance of Operating and MaintenaneeJBimds for Common Area Facilities and
Services. To assure the availability and source.aijIfKds to defray thePfl> of common area
facilities and services (collectively, "Common^rea Costs") during theiparly period of Resident
ownership and operation of the Park by the Homeowners' Association, the Pajk Owner is
required by the DRE, pursuant to California Business and Professions Code §'1^018.5 and 10
California Code of Regulations § 2792.9, to furnish fur&s,Vsurety bond or other security
convertible to cash to an escrow depository;before the sale *pf any spaces to assure the Park
Owner's fulfillment of the Park Owner?S obligations as an owner of spaces to pay assessments in
order to cover such Common Area Costs. The aforementioned security requirement is ordinarily
in an amount equal to six (6) months' regular assessments for eacrfspace covered by the Final
Public Report and is subject to terms assuring that the Park Owner pays all assessments levied by
the Homeowners' Association against spaces owned by the Park Owner (i.e., unsold spaces) until
80% of the spaces covered by the Final Public Report have been sold. Such security
requirements are DRE requirements that must be complied with by the Park Owner before the
DRE issues the Final Public Report permitting the sale of spaces in the Park.
12. Homeowners' Association Reserve Account Requirements. With respect to the Park's
major components which the Homeowners' Association is obligated to repair, replace, restore or
maintain pursuant to California Civil Code § 1365.5(e) ("Major Components"), the Park Owner
is required by the DRE to deposit funds into escrow equal to an amount designated by the DRE
("DRE Required Reserve Deposit Amount"), which is a portion of certain reserve component
amounts determined in accordance with a study of reserve account requirements ("Reserve
Account Requirements Study") prepared by the Park Owner and accepted by the DRE. The
DRE Required Reserve Deposit Amount will be based upon the cost amount attributable to the
already used portion of the useful life estimated for the Major Components in accordance with
the Reserve Account Requirements Study. Among other things, the Reserve Account
Requirements Study is required to (i) identify the Major Components that have a useful life of
less than 30 years, (ii) determine the remaining useful life of the Major Components, (iii)
estimate the cost of repair, replacement, restoration, or maintenance of the Major Components,
(iv) estimate the total annual contribution necessary to defray such costs during and at the end of
the useful life of the Major Components, and (v) provide a reserve funding plan describing how
the Homeowners' Association plans to fund the amounts described in clause (iv) above to meet
the Homeowners' Association's obligation to repair and replace all Major Components with an
[DMM:az/191l65_2.DOC'101409/4786.001]
expected remaining life of 30 years or less. Before any spaces are permitted to be sold, the DRE
will require that the escrow release the DRE Required Reserve Deposit Amount to the
Homeowners' Association to help defray certain of the costs to repair, replace, restore, or
maintain Major Components in accordance with the Reserve Account Requirements Study as
accepted by the DRE.
13. Benefits of Conversion. The purpose of the conversion of the Park from a rental park to
a Resident-owned park is to provide the Resident Households with a choice. The Resident
Households may either choose to purchase an ownership interest in the Park, which would take
the form of a PUD/Condominium Interest (as defined in Section 5.1), or continue to rent a space
in the Park, thereby allowing the Residents to control their economic future. The conversion
provides the Residents the opportunity to operate and controrthe Park. Since the new owners of
the Park will not be motivated to make a profit, but ratheE are-mqtivated to ensure the best
possible living conditions at the most affordable rates, payable tfixiDugh the Homeowners'
Association dues, directly or through rent, both bufeWand renters'benefit from the conversion.. i*1' *• -*t
,/ rf>
14. Conclusion. ~ **'•
11. * A v
14.1 The above described purchase rights "and protections will be offered only if the
Park is converted to a Resident-owned mobilehome patk>55ttcn programs becorri&'effective on
the Conversion Date. - •
14.2 Upon conversion of the Park to Resident ownership, the current owner of the
Park, as well as subsequent ow,ners of PUD/Condominium Interests.in the Park, shall abide by all
terms and conditions set forth" in this TIR. This TIR is a covenant that encumbers each
individual unit.
14.3 All Resident Households choosing to continue to rent will have occupancy rights
exactly as they have now, and all existing Leases and/or Rental Agreements will be honored,
subject to California Government Code § 66427.5, Mobilehome Residency Law, and other
California law, as applicable.
14.4 . The conversiorrof the Park from a rental park to a Resident-owned park provides
the Residents with an opportunity of choice. Resident Households may choose to purchase a
PUD/Condominium .Interest or continue to rent. The conversion also provides the potential for
Residents to enjoy the security of living in a Resident-owned, controlled, and managed Park,
whose motivation is not profit, but rather, achieving the best living environment at the most
affordable rate.
[DMM:az/191165 _2.DOC'101409/4786.001]
HOFFMAN, STERMER & ASSOCIATES, INC
AN ACCOUNTANCY CORPORATION
16321 Pacific Coast Highway, Suite C, Pacific Palisades, California 90272
T: 310-203-4145 F: 310-230-1098
mmia@hof&mnste£mer.com
October 12,2009
Susy Forbath
Giichrist & Rutter
1299 Ocean Avenue, Suite 900
Santa Monica, C A 90401
Re: Mobile Home Park Survey Results - Lanikai Mobilehome Park
Deai- Susy:
In accordance with the executed Mobile Home Park Survey Agreement between
Hoffman, Stermer & Associates, Inc. and your firm, Giichrist &, Rutter, this letter
constitutes the written evaluation of our agreed upon procedures.
Summary of Procedures
1. Collection - Hoffman, Stermer & Associates, Inc. collected resident surveys mailed to
our address in connection with your survey. We agreed to have the ballots mailed
directly to our office address. Only ballots postmarked by October 1, 2009 were included
in our tabulation. There was only 1 ballot postmarked on October 8,2009 that was not
included and remains unopened.
2. Verified Eligibility - We verified the eligibility of the ballot by matching the
information provided on the outside of the ballot envelope or by matching the name of
the resident on the ballot with the master list of eligible addresses and the names of
corresponding residents provided by your firm. Total ballots received was 72, including
one ballot not counted as it was postmarked after the cut-off date of October 7,2009.
4. Tabulate Results - Following the agreed upon cut off date of October 7, 2009, we
tabulated the survey and prepared a report which summarizes the procedures followed
and the results of the survey.
Tabulation of Results
[Total number of ballots received: 72)
Total number of ballots with a "SUPPORT - YES" vote:
frotal number of ballots with a "DO NOT SUPPORT" vote: 2
[Total number of ballots with an unmarked vote
Total number of ballots with "DECLINE TO STATE" vote:
JTotaTrmniber of ballots received after cut-off date:
Maintenance of Records
Hoffman, Stermer & Associates, Inc. will retain the original ballots for a period of one
year from the date of this report. We will not disclose the results to any residents or third
parties.
Very truly yours,
Maria Serafica-Stermer, C.PA,
Vice-President
AGREEMENT TO
CONDUCT A RESIDENT SURVEY OF SUPPORT
(LANIKAI LANE MHP)
This Agreement to Conduct a Resident Survey of Support ("Agreement") is entered into
by and between the Lanikai Lane Homeowners Association, Inc., a California non-profit mutual
benefit corporation ("Association"), on the one hand, and Ocean Park Estates, LLC, a California
limited liability company, and Ocean Park Estates II, LLC, a California limited liability company
(collectively, "Ocean Park"), on the other. The Association and Ocean Park are sometimes
referred to in this Agreement individually as a "Parry" and collectively as the "Parties."
RECITALS
A. Ocean Park wishes to make application to the City of Carlsbad ("City") for a subdivision
tentative parcel map pursuant to Government Code section 66427.5 ("Application").
B. Applicable law requires that Ocean Park submit as part of the Application a survey of
support of residents, which survey of support must be conducted in accordance with an
agreement between the subdivider and a resident homeowners' association, as required
by Government Code Section 66427.5(d)(l).
C. The purpose of this Agreement is to set forth a process for conducting a survey of the
residents within the Park pursuant to Government Code Section 66427.5(d)(l) to
determine the level of the resident support for the Application.
D. The Association has raised objection to Ocean Park's right to proceed with a subdivision
of the Park at this time, in particular in light of the Association's rights under the Ground
Leases but, notwithstanding the same, and with a full reservation of rights, the
Association does not wish to prevent Ocean Park from conducting their survey of
support.
NOW, THEREFORE, in view of the goals and objections of the Parties, and to comply
with the requirements of Government Code Section 66427.5(d)(l), the Parties agree as follows:
1 • Recitals. The recitals set forth above are intended only to provide context to this
Agreement, and are not intended to constitute representations or warranties by any
Party.
2. Form of Survey of Support. The Parties agree that the form attached hereto as
Exhibit A and incorporated herein by this reference shall be used to conduct the
survey of support.
3. Distribution, Conducting and Filing of Survey of Support. The Parties agree
that the survey of support shall be distributed, conducted and Filed with the City
as set forth in this Paragraph 3.
3.1 Crcgtionjjj^Suryey_FgTms. Within five (5) calendar days of the signing
of this Agreement by both Parties, Ocean Park shall distribute one copy of A
' XiX
(DMM.azS)91 B73v3JDOCS2_ - <imt\ Sur/ey Agreement (TWC dr (2) DOO090209/4786.001)
(A) the survey form; (B) the cover letter attached hereto as Exhibit B and
incorporated herein by this reference; and (C) the envelopes described in
Section 3.4 below,
3.2 Association Meeting to Discuss Survey and the Application. Within
ten (10) calendar days of its distribution of the survey and cover letter to
each homeowner in the Park, the Association shall call and hold a meeting
to discuss the survey and the Application. At the meeting, Ocean Park
shall present its views of the survey and the Application. The Association
shall then present its views of the survey only. The Association shall not
present its views of the Application, given the Association's limited or no
knowledge of the Application. Ocean Park shall thereafter answer any
questions the residents may have regarding the survey or the Application
and the Association shall answer any questions the residents may have
regarding the survey. The meeting will be moderated by a neutral third
party agreed to by both the Association and Ocean Park.
3.3 Written Ballot and Vote. The Parties agree that the survey form
constitutes a written ballot as described in Government Code Section
66427. 5(d)(3). Each space shall have one vote on the survey.
3.4 Filing of Written Ballots with HSA. On or before the Association
meeting described in Paragraph 3,2 of this Agreement, Ocean Park shall
distribute to each occupied mobilehome space pre-addressed, stamped
envelopes that the residents shall use to file their ballots with Hoffman,
Stermer & Associates, Inc., Certified Public Accountants ("HSA").
Neither the Association nor Ocean Park shall be responsible for filing the
written ballots with Hoffman Accountants nor tallying the results, which
such tallying shall be performed by a certified public accountant at HSA.
3.5 Time Period to File Written Ballots with HSA. Each resident entitled to
file a written ballot shall file the written ballot within twenty (20) calendar
days after the completion of the Association meeting described in
Paragraph 3.2 of this Agreement. The written ballot shall be deemed filed
as long as the written ballot is post-marked within twenty (20) calendar
days after the completion of the Association meeting described in
Paragraph 3.2 of this Agreement. In no event, and whether or not the
parties have complied with Sections 3.2 through 3.4 herein, will the
residents have longer than forty (40) days in which to file their written
ballots.
3.6 Other Matters Concerning Ballots. Counsel to the Association and
Counsel to Ocean Park shall be provided copies of the ballots and a
summary of the results after they have been tabulated. Originals of the
ballots shall be provided directly to the City of Carlsbad, Planning
Department. Ocean Park shall be responsible for all costs and expenses of
HSA in connection with the ballot process.
|DMM-az/# 1 91878v3_IDOCS2_-tlran Survey Agtecmcni{T\VCd;(2).DOC;090209/4786 0011
4. Miscellaneous Provisions.
4,1 Notice/Delivery of Documents. Notices or delivery of documents called
for in this Agreement shall be made as follows:
To Association:
With a Copy to:
To Ocean Park:
Lanikai Lane Homeowners Association, Inc.
Attn: Austin Lynas, President
6550 Ponto Drive, Space 140
Carlsbad, CA 92011
The Loftin Firm LLP
Attn: L. Sue Loftin, Esq.
5760 Fleet Street, Suite 110
Carlsbad, CA 92008
Ocean Park Estates, LLC and Ocean Park
Estates II, LLC
c/o Gilchrist & Rutter Professional Corporation
Attn: Richard H. Close, Esq.
1299 Ocean Avenue, Suite 900
Santa Monica, CA 90401
With a Copy to:Gilchrist & Rutter
Attn; Richard H. Close, Esq.
1299 Ocean Avenue, Suite 900
Santa Monica, CA 90401
4.2 Right to Purchase. Pursuant to Government Code Section 66427.5(a),
each existing tenant of the Park shall be provided an option to either
purchase his or her condominium or subdivided unit, or to continue
residency as a tenant.
4.3 Association's Objection to Ocean Park's Claim of Right to Subdivide,
Nothing herein shall constitute a consent or acknowledgement of Ocean
Park's claim of their right to proceed with a subdivision or process any
form of land use entitlement before the City, it being agreed and
understood by the Parties that the Association has and hereby does object
to Ocean Park's apparent attempt to proceed with a subdivision of the Park
notwithstanding that the Association is the holder under the Ground Lease.
By entering into this Agreement, the Association does not waive any
rights or objections it may have to Ocean Park proceeding with
subdivision of the Park.
(DMM 02/'«l91878v3jrjOCS2_-draft Survey Agreement (T\VCdr(2).DOC/090209/17S6.00l)
4.4 Counterpart Originals. This Agreement may be executed in multiple
counterpart originals, all of which together shall constitute a single
agreement.
ASSOCIAT
APPROVED AS TO FORM
RlCHA^ftf H, CLOSI
OCEAN P/
SEL FOR
LANIKAI
ASSOCIATI
a California non-profit mutual benefit
corporation
OCEAN PARK ESTATES, LLC,
a California limited liability company
JDMM 02/«191878v3_IDOCS2_ - draA Survey Agreement (TWC Or (2) DOC/090209/-17S6 001)
EXHIBIT A
FORM OF SURVEY OF SUPPORT
LANIKAI MOBILEHOME PARK
Gov't Code § 66427.5(d)(l)
SURVEY Of RESIDENTS
This Survey requests information concerning support for the Change of Method of Ownership. Each
household should complete one (!) Survey and mail the completed survey to Hoffman, Stermer &
Associates, Inc., Certified Public Accountants, using the enclosed pre-addressed and self-stamped
envelope. No one in the Park will see the individual Surveys; however, it is possible that local
government agencies will receive copies of the Surveys. The information that will be provided to resident
households is a summary of the data gathered.
SECTION I.
SURVEY
The effect of a change of the method of ownership from a rental park to a resident owned condominium
park, as proposed, provides a choice to the resident households. Resident households may purchase their
condominium interest or may continue to rent the condominium unit/lot [space] on which their
mobilehome is located. You can support the change of ownership to a resident owned condominium park
without a personal desire to purchase your lot [condominium interest). Pursuant to Gov't Code Section
66427.5, please check one box below:
[ ] I support the change of ownership of the park to a resident owned condominium park, if
the purchase price of my condominium interest [lot + percentage ownership of common
areas & facilities] is affordable to me,
[ ] I decline to respond at this time.
[ ] 1 do not support the change of ownership of the park to a resident owned condominium
park.
THANK YOU FOR YOUR TIME TO RESPOND TO THIS SURVEY!
Date:
Signature:
Print Name:_
Address:
Day Te!e:_
Date:
Signature:
Print Name:_
Address:
Day Tele: _
[DMM azffl!9l 87Sv3 JDOCS2_ - draft Survey Agreement (TWC dr (2) DOC/090209M786.CO 11 A-1
LANIKAIMOBILEHOME PARK
CA Gov't Code § 66427.5(d)(l) SURVEY OF RESIDENTS
This Survey requests information concerning support for the Change of Method of
Ownership. Each household should complete one (1) Survey and mail the completed Survey to
Hoffman, Stermer & Associates, Inc. in the enclosed self-addressed, stamped envelope. No one in
the Park will see the individual Surveys; however, it is possible that local government agencies
will receive copies of the Surveys. The only information that will be provided to resident
households is a summary of the data gathered.
Survey
The effect of a change of the method of ownership from a rental park to a resident owned
condominium park, as proposed, provides a choice to the resident households. Residents may
purchase their condominium interest or may continue to rent the lot [space] on which their
mobHehome is located. You can support the change of ownership to a resident owned
condominium park without a personal desire to purchase your lot [condominium interest].
Pursuant to California Gov't Code section 66427.5(d)(I), please check one box below:
1. [ ] I support the change of ownership of the park to a resident owned condominium
park, if the purchase price of my condominium interest [lot + percentage ownership of common
areas & facilities] is affordable to me.
2. [ ] I decline to respond at this time.
3. [ ] I do not support the change of ownership of the park to a resident owned
condominium park.
THANK YOU FOR YOUR TIME TO RESPOND TO THIS SURVEY!
Date: Address:
Signature:
Print Name: , Day Tele:.
BY PROVIDING THE INFORMATION REQUESTED IN THIS SURVEY, YOU ARE NOT COMMITTING YOURSELF
TO ANY DECISION WITH RESPECTTOTHE CHANGE IN OWNERSHIP, INCLUDING, WITHOUT LIMITATION,
WHETHER YOU WANT TO RENT OR TO PURCHASE iFTHERE IS A CHANGE IN THE FORM OK OWNERSHIP OF
LANIKAI MOBILEHOME HARK. U\
|18-I541_2.DOC/09Q209M786.00I| \ \\t\\
Page 1 of 1 Vff
CK?
EXHIBIT B
FORM OF LETTER TO RESIDENTS
[OMM-oiTO1878v3_!DOCS2_ - draft Survey Agreement (TV/C clr (2) DOC/Q90209M786.00!)
\ .S
,50
LAW OFFICES
GILCHRIST & RUTTER
I'UOKBHSIONAL CORPORATION
W1LSHIRE PALISADES BUILOINO
1269 OCEAN AVENUG. SUITE flOO
SANTA MONICA. CALIFORNIA 00401,1000
TELEPHONE (310) 383-40QQ
FACSIMILE (310) 394-4700
E-MAIL rcIo«a<9alicJirUln/tler con
September 3,2009
VIA U.S. MAIL ONLY
To All Residents of Lanikai Lane Mobilehome Park
Re: Conversion to Resident Ownership
Resident Survey
Dear Resident:
As you know, we are in the process of converting Lanikai Lane Mobilehome Park to a
resident owned park. Enclosed is a "Resident Survey" which is one step in this process of
conversion. Through this process all residents will have the opportunity to own their lots.
You may decide to continue to rent your space, IF you ultimately choose to continue to
rent, please remember that if you are a lower-income* resident, your rent cannot ever increase
more than the increase in the Consumer Price Index (CPI). There is a cap on the CP! which is
the average of rent increases for the previous four (4) years of rent increases. For all other
residents, rent will be increased to market over a four (4) year period.
If you think you may want to purchase your lot, loans will be available through several
sources and we will assist in this process. Either way, the choice of whether to buy or continue
to rent will be yours.
We understand that you do not currently have enough information to make a final
decision. The survey results will merely provide a preliminary indicator of interest. By
providing the information requested in this Survey, you are not committing yourself to any
decision with respect to the change in ownership, including, without limitation, whether you
want to rent or to purchase if there is a change in the form of ownership of the Park.
In order for your survey responses to be included in the final survey results, responses
must be postmarked by September **, 2009. A self-addressed stamped envelope has been
provided.
*2009 Lower Income for San Diego County: 1 person household = 546,250; 2 person household = 352,900;
3 person household =559,500; 4 person household = 566,100.
\i\
LAW QFFtCES
(ill,('UUIST<fc KUTTKR
To Ail Residents of Lanikai Lane Mobilehome Park
September 3,2009
Page 2
The form of this survey has been approved by the Board of Directors of your
Homeowners Association.
Very truly yours,
GILCHRIST & RUTTER
Professional Corporation
RHC/DMM:az
191043 2. DOC/090209
4786 001
cc: Mr. Troy Shadian
Mr. Roshan Bhakta
Richard H. Close
Of the Firm
approval of such conversion.
This section shall not diminish, limit or expand, other than as provided
herein, the authority of any city, county, or city and county to approve or
disapprove condominium projects.
[Amended, Chapter 1192, Statutes of 1979]
66427,4. Conversion of Mobilehome Park; Filing Report of
Impact of Conversion Upon Displaced Residents with
Maps; Mitigation of Adverse Impact
(a) At the time of filing a tentative or parcel map for a subdivision to be
created from the conversion of a mobilehome park to another use, the subdivider
shall also file a report on the impact of the conversion upon the displaced
residents of the mobilehome park to be converted. In determining the impact of
the conversion on displaced mobilehome park residents, the report shall address
the'availability of adequate replacement space in mobilehome parks.
(b) The subdivider shall make a copy of the report available to each resident
of the mobilehome park at least 15 days prior to the hearing on the map by the
advisory agency or, if there is no advisory agency, by the legislative body.
(c) The legislative body, or an advisory agency which is authorize^ by
local ordinance to approve, conditionally approve, or disapprove the map, may
require the subdivider to take steps to mitigate any adverse impact of the
conversion on the ability of displaced mobilehome park residents to find
adequate space in a mobilehome park.
(d) This section establishes a minimum standard for local regulation of
conversions of mobilehome parks into other uses and shall not prevent a local
agency from enacting more stringent measures.
(e) This section shall not be applicable to a subdivision which is created
from the conversion of a rental mobilehome park to resident ownership.
[Amended, Chapter 256, Statutes of 1995]
66427.5. Subdivision Created with Mobilehome Park
Purchase Fund Money; Avoidance of Economic
Displacement of Nonpurchasing Residents
At the time of filing a tentative or parcel map for a subdivision to be created
from the conversion of a rental mobilehome park to resident ownership, the
subdivider shall avoid the economic displacement of all nonpurchasing
residents in the following manner:
(a) The subdivider shall offer each existing tenant an option to either
purchase his or her condominium or subdivided unit, which is to be created by
the conversion of the park to resident ownership, or to continue residency as
a tenant.
(b) The subdivider shall file a report on the impact of the conversion upon
residents of the mobilehome park to be converted to resident owned subdivided
interest.
8 (c) The subdivider shall make a copy of the report available to each resident
18
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o
0
of the mobilehome park at least 15 days prior to the hearing on the map by the
advisory agency or, if there is no advisory agency, by the legislative body.
(d) (1) The subdivider shall obtain a survey of support of residents of the
mobilehome park for the proposed conversion.
(2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners' association, if
any, that is independent of the subdivider or mobilehome park owner.
(3) The survey shall be obtained pursuant to a written ballot.
(4) The survey shall be conducted so that each occupied mobilehom.e
space has one vote.
.(5) The results of the survey shall be submitted to the local agency upon
the filing of the tentative or parcel map, to be considered as part of the subdivision
map hearing prescribed by subdivision (e).
(e) The subdivider shall be subject to a hearing by a legislative body or
advisory agency, which is authorized by local ordinance to approve,
conditionally approve, or disapprove the map. The scope of the hearing shall.
be limited to the issue of compliance with this section.
(f) The subdivider shall be required to avoid the economic displacement
of all nonpurchasing residents in accordance with the following:
(1) As to nonpurchasing residents who are not 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 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.
(2) As to nonpurchasing 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 trie 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.
[Amended, Chapter 1143, Statutes of 2002]
66428. Tentative and Parcel Maps; Waiver by Local
Ordinance; Exceptions; Options
(a) Local ordinances may require a tentative map where a parcel map is
required by this chapter. A parcel map shall be required for subdivisions as to
which a final or parcel map is not otherwise required by this chapter, unless the
preparation of the parcel map is waived by local ordinance as provided in this
section. Aparcel map shall not be required for either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a railroad
corporation, as defined by Section 230 of the Public Utilities Code, that are
created by short-term leases (terminable by either party on not more than 30
19
5
Planning Commission Minutes March 3,2010 Page 10
CALL TO ORDER
Chairperson Douglas called the meeting to order at 7:33 and stated that Commissioner Montgomery had
left the dais due to a prior commitment.
Chairperson Douglas asked Mr. Neu to introduce the next item.
3. CT 09-04/CDP 09-15 - LANIKAI LANE - Request for a recommendation of approval of a
Tentative Tract Map and Coastal Development Permit to subdivide an existing 14.38 acre
rental mobile home park into a one lot subdivision with 146 airspace lots on property
located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane
within the Mello II segment of the Local Coastal Program and within Local Facilities
Management Zone 22.
Mr. Neu introduced Agenda Item 3 and stated Senior Planner Christer Westman would make the staff
presentation.
Chairperson Douglas opened the public hearing on Agenda Item 3.
Mr. Westman gave a brief presentation and stated he would be available to answer any questions.
Chairperson Douglas asked if there were any questions of Staff. Seeing none, she asked if the applicant
wished to make a presentation.
Richard Close and Susie Forbath, from the law firm of Gilchrist and Rutter, representing the applicant,
gave detailed presentations and stated they would be available to answer any questions.
Chairperson Douglas asked if there were any questions of the applicant.
Commissioner L'Heureux asked if the right to buy the land is in perpetuity. Ms. Forbath stated that any
incoming buyers must buy the land. The ultimate goal of the park is to become 100% resident owned.
The applicant's representatives and the Commission discussed at length issues regarding the conversion
of the mobile home, sales of lots and homes, and various available funding options.
Chairperson Douglas opened public testimony on the item.
Austin Lynas, 6550 Ponto Drive #140, Carlsbad, president of the Lanikai Lane Home Owners
Association, read a letter into the record stating concerns surrounding the conversion of the mobile home
park but stated that the home owner's are in support of the conversion.
Commissioner L'Heureux asked if Mr. Lynas was simply bringing the issues to the Commission's attention
or if he is looking to the Commission to provide assistance. Mr. Lynas stated the home owner's would like
to see the item approved, but felt it was appropriate to state their concerns at this point.
Commissioner Schumacher asked Ms. Mobaldi if the Commission was to get involved in the issues. Ms.
Mobaldi stated the government code does not allow the City to condition the conversion and the City is
limited to very strict guidelines under the government code.
John Rodrigue, 807 Valserano Drive, Encinitas, an attorney representing the home owner's association,
gave a brief presentation and stated he would be available to answer any questions.
Commissioner Dominguez asked Mr. Rodrigue if the issue regarding possible displacement of residents
can be resolved. Mr. Rodrigue stated that is one of their top objectives.
54
Planning Commission Minutes March 3,2010 Page 11
Commissioner Nygaard inquired about the blended financing options. Mr. Rodrigue gave an explanation
regarding the available financing options.
Chairperson Douglas asked what the current population of the park is. Mr. Rodrigue stated he was not
sure.
Chairperson Douglas closed the public testimony on the item.
DISCUSSION
Commissioner Schumacher stated he supports the project.
Commissioner Baker commented that while she is not opposed to the project, once this converts to
individual owners there will almost no future opportunity for the property to redevelop into another use in
the future.
Commissioner Dominguez agreed with Commissioner Schumacher.
Commissioner Nygaard also agreed with her fellow Commissioners.
Commissioner L'Heureux stated his concurrence with his fellow Commissioners and feels this will be a
real benefit to the City.
Chairperson Douglas stated her support of the project.
MOTION
ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6666 and 6667
recommending approval of a Tentative Tract Map (CT 09-04) and Coastal
Development Permit (CDP 09-15) based on the findings and subject to the
conditions contained therein including correcting the owner's name on Resolutions
No. 6666 and 6667.
VOTE: 6-0-1
AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez,
Commissioner L'Heureux, Commissioner Nygaard and Commissioner Schumacher
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
Chairperson Douglas closed the public hearing on the item and thanked Staff for their presentations.
COMMISSION COMMENTS
None.
PLANNING DIRECTOR COMMENTS
None.
CITY ATTORNEY COMMENTS
None.
LAW OFFICES
GILCHRIST & RUTTER
PROFESSIONAL CORPORATION
All Receive-Agenda Item #_1 )
For the Information of the:
CITY COUNCILAsst.
WILSHIRE PALISADES BUILDING
1289 OCEAN AVENUS. SUITE 90O
SANTA MONICA. CALIFORNIA 804O1-1OOO
FACSIMILE (310) 394-47OO
E-MAIL: rolose@Qilchristrulter.com
April 9,2010
APR 1 2 2010
CITY OF CARLSBAD
JCITYCLERK'S OFFICE
VIA E-MAIL AND U.S. MAIL
Mayor Claude A. "Bud" Lewis
Mayor Pro Tem Ann J. Kulchin
Councilman Matt Hall
Councilman Mark Packard
Councilman Keith Blackburn
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Re: Lanikai Lane Mobilehome Park
Tentative Tract Map Application for Subdivision
City Council HearhiR
Dear Mayor Lewis, Mayor Pro Tem Kulchin, Councilmen Hall, Packard and Blackburn:
On April 7,2010 we were first notified that the City of Carlsbad had on calendar a City
Council Hearing to consider the approval of the conversion/subdivision of Lanikai Lane for
resident ownership on April 13,2010.
Due to a previously scheduled appearance in another city, I am not able to be present
April 13, 2010 to represent the applicant. I respectfully request a continuance of the Hearing to
the April 27,2010 City Council Meeting.
I have spoken with the Planning Department who has indicated that April 27, 2010 would
be agreeable with the City's calendar.
Thank you for your consideration of this request.
Very truly yours,
:ST & RUTTER
oration
UJ
cc:
rd H. Clo
Of the Firm
Lisa Hildabrand, City Manager (Via e-mail and U.S. mail)
Christer Westman, City Planner (Via e-mail and U.S. mail)
Sid Goldstien (Via e-mail and U.S. mail)
209472 1.DOC 4786.001
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(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
Proof of Publication of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
April 03rd, 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
This 05th day of April 2010
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC HEARING
| NOTICE IS HEREBY GIVEN to you, because your interest may be
' affected, that the City Council 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 Tuesday, April 13, 2010 to consider ap-
proval of a Tentative Tract Map and Coastal Development Permit to subdivide
an existing 14.38 acre rental mobile home park into a one lot subdivision with
146 airspace lots on property generally located at 6550 Ponto Drive east of
Carlsbad Boulevard and south of Surfside Lane within the Mello II segment of
the Local Coastal Program and within Local Facilities Management Zone 22
and more particularly described as:
That portion of Lot 1, Section 29, Township 12 South, Range 4 West, San
Bernardino base and meridian, in the City of Carlsbad, County of San Diego,State of California, according to the official plat thereof, lying between the State
Highway and the railroad rights of way; and
Excepting therefrom the south 10 acres thereof lying between the State High-
way and the railroad rights-of-way with the north and south boundaries
approximately parallel; and
Also excepting therefrom any portion taken by the State of California in Parcels
6A & 6B of final decree recorded April 23, 1952 as Document No. 50269 in
Book 4444 Page 395 of Official Records; and
The south 10 acres of Lot 1, Section 29, Township 12 South, Range 4 West,
San Bernardino Base and meridian in the City of Carlsbad, County of San Di-
ego, State of California, according to the official plat thereof, lying between the
State Highway and the railroad rights of way with the north and south bound-
aries approximately parallel; and
Also excepting therefrom any portion taken by the State of California in Parcels6A &6B of final decree recorded April 23,1952 as document No. 50269 in Book
4444 Page 395 of official records
Whereas, on March 3, 2010, the City of Carlsbad Planning Commission voted
6-0-0 to recommend approval of a Tentative Tract Map and Coastal Develop-
ment Permit to subdivide an existing 14.38 acre rental mobile home park into a
one lot subdivision with 146 airspace lots on property located at 6550 Ponto
Drive east of Carlsbad Boulevard and south of Surtside Lane within the Mello
II segment of the Local Coastal Program and within Local Facilities Manage-
ment Zone 22.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Copies of the agenda bill will be available on and after April
9, 2010. If you have any questions, please contact Christer Westman in the
Planning Department at (760) 602-4614 or christer.westman@carlsbadca.gov.
The time within which you may judicially challenge this Tentative Tract Map
and/or Coastal Development Permit, if approved, is established by state law
and/or city ordinance, and is very short. If you challenge the Tentative Tract
Map and/or Coastal Development Permit 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.
Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at
or prior to the public hearing.
CASE FILE:CT 09-04/CDP 09-15 CASE NAME:LANIKAI LANE
PUBLISH: April 3, 2010CITY OF CARLSBAD CITY COUNCIL NCT 2254008 • 04/03/2010
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the
City Council 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 Tuesday, April 13,
2010 to consider approval of a Tentative Tract Map and Coastal Development Permit to
subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with
146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad
Boulevard and south of Surfside Lane within the Mello II segment of the Local Coastal
Program and within Local Facilities Management Zone 22 and more particularly
described as:
That portion of Lot 1, Section 29, Township 12 South, Range 4 West, San
Bernardino base and meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof, lying
between the State Highway and the railroad rights of way; and
Excepting therefrom the south 10 acres thereof lying between the State
Highway and the railroad rights-of-way with the north and south boundaries
approximately parallel; and
Also excepting therefrom any portion taken by the State of California in
Parcels 6A & 6B of final decree recorded April 23, 1952 as Document No.
50269 in Book 4444 Page 395 of Official Records; and
The south 10 acres of Lot 1, Section 29, Township 12 South, Range 4 West,
San Bernardino Base and meridian in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof, lying
between the State Highway and the railroad rights of way with the north and
south boundaries approximately parallel; and
Also excepting therefrom any portion taken by the State of California in
Parcels 6A &6B of final decree recorded April 23, 1952 as document No.
50269 in Book 4444 Page 395 of official records
Whereas, on March 3, 2010, the City of Carlsbad Planning Commission voted 6-0-0 to
recommend approval of a Tentative Tract Map and Coastal Development Permit to
subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with
146 airspace lots on property located at 6550 Ponto Drive east of Carlsbad Boulevard
and south of Surfside Lane within the Mello II segment of the Local Coastal Program
and within Local Facilities Management Zone 22.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the agenda bill will be available on and after April 9, 2010. If
you have any questions, please contact Christer Westman in the Planning Department
at (760) 602-4614 or christer.westman@carlsbadca.gov.
The time within which you may judicially challenge this Tentative Tract Map and/or
Coastal Development Permit, if approved, is established by state law and/or city
ordinance, and is very short. If you challenge the Tentative Tract Map and/or Coastal
Development Permit 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. Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CT 09-04/CDP 09-15
CASE NAME: LANIKAI LANE
PUBLISH: Aprils, 2010
CITY OF CARLSBAD
CITY COUNCIL
e
NOT TO SCALE
SITE MAP
Lanikai Lane
CT 09-04/CDP 09-15
CURRENT RESIDENT
33 MELROSE ST 3
ARLINGTON, MA 02474-8503
CURRENT RESIDENT
95 S MEADOWMIST CIR
THE WOODLANDS, TX 77381-6238
CURRENT RESIDENT
7721 N TATUM BLVD
PARADISE VALL, AZ 85253-2925
CURRENT RESIDENT
6037 E SUNNYSIDE DR
SCOTTSDALE, AZ 85254-4977
CURRENT RESIDENT
5011 E PERSHING AVE
SCOTTSDALE, AZ 85254-3621
CURRENT RESIDENT
7457 E JOURNEY LN
SCOTTSDALE, AZ 85255-4608
CURRENT RESIDENT
6570 E SANTA AURELIA
TUCSON, AZ 85715-3126
CURRENT RESIDENT
6450 SPRING MOUNTAIN RD 12
LAS VEGAS, NV 89146-8836
CURRENT RESIDENT
1914 GATES AVE B
REDONDO BEACH, CA 90278-1903
CURRENT RESIDENT
9954 RAVENNA WAY
CYPRESS, CA 90630-3539
CURRENT RESIDENT
2688 KING WAY
CLAREMONT, CA 91711-1721
CURRENT RESIDENT
15105 LA SUBIDA DR
HACIENDA HEIG, CA 91745-5100
CURRENT RESIDENT
9048 HUNTER PASS
ALPINE, CA 91901-2620
CURRENT RESIDENT
6939 TRADEWINDS DFR
CARLSBAD, CA 92009-3226
CURRENT RESIDENT
6944 TRADEWINDS DR
CARLSBAD, CA 92009-3226
CURRENT RESIDENT
6953 CATAMARAN DR
CARLSBAD, CA 92009-3219
CURRENT RESIDENT
2550 TOWN GARDEN RD
CARLSBAD, CA 92009-3059
CURRENT RESIDENT
7217 DAFFODIL PL
CARLSBAD, CA 92011-4812
CURRENT RESIDENT
6503 SURFSIDE LN
CARLSBAD, CA 92011-3210
CURRENT RESIDENT
6507 FRANCISCAN RD
CARLSBAD, CA 92011-3214
CURRENT RESIDENT
6512 SURFSIDE LN
CARLSBAD, CA 92011-3209
CURRENT RESIDENT
6510 FRANCISCAN RD
CARLSBAD, CA 92011-3213
CURRENT RESIDENT
7512 MAGELLAN ST
CARLSBAD, CA 92011-5426
CURRENT RESIDENT
2131 LAS PALMAS DR A
CARLSBAD, CA 92011-1524
CURRENT RESIDENT
120 BREAKWATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
124 BREAKWATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
128 BREAKWATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
136 BREAK-WATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
140 BREAKWATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
144 BREAKWATER RD
CARLSBAD, CA 92011-3217
'„' ' '' JKJII lU.iM.1 'tin ,<•• •- >"
II', , » I'tf jJUl II' i( (i'lK)'1 ',
CURRENT RESIDENT
148 BREAKWATER RD
CARLSBAD, CA 92011-3217
CURRENT RESIDENT
6927 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6923 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6919 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6911 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6907 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6895 TRADEWINDS DR
CARLSBAD, CA 92011-3224
CURRENT RESIDENT
6891 TRADEWINDS DR
CARLSBAD, CA 92011-3224
CURRENT RESIDENT
6865 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6873 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6877 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6886 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
6890 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
6902 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6910 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6914 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6951 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6943 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6939 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6931 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6881 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6885 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6889 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6893 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6897 CATAMARAN DR
CARLSBAD, CA 92011-3218
CURRENT RESIDENT
6901 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6909 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6913 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6929 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6933 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6937 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6941 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6928 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6932 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6944 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6948 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
143 CHANNEL RD
CARLSBAD, CA 92011-3222
CURRENT RESIDENT
135 CHANNEL RD
CARLSBAD, CA 92011-3222
CURRENT RESIDENT
131 CHANNEL RD
CARLSBAD, CA 92011-3222
CURRENT RESIDENT
6963 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6959 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6945 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6953 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6957 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6965 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6969 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
6981 CATAMARAN DR
CARLSBAD, CA 92011-3219
CURRENT RESIDENT
636 SAND SHELL AVE
CARLSBAD, CA 92011-3259
CURRENT RESIDENT
6929 WATERS END DR
CARLSBAD, CA 92011-3253
CURRENT RESIDENT
130 CHANNEL RD
CARLSBAD, CA 92011-3220
CURRENT RESIDENT
6964 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6968 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6976 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
6980 TRADEWINDS DR
CARLSBAD, CA 92011-3225
CURRENT RESIDENT
123 CHANNEL RD
CARLSBAD, CA 92011-3221
CURRENT RESIDENT
119 CHANNEL RD
CARLSBAD, CA 92011-3221
CURRENT RESIDENT
111 CHANNEL RD
CARLSBAD, CA 92011-3221
CURRENT RESIDENT
6987 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6983 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6979 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6975 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6971 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CURRENT RESIDENT
6879 TRADEWINDS DR
CARLSBAD, CA 92011-3224
CURRENT RESIDENT
6867 TRADEWINDS DR
CARLSBAD, CA 92011-3224
CURRENT RESIDENT
6863 TRADEWINDS DR
CARLSBAD, CA 92011-3224
CURRENT RESIDENT
6866 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
6870 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
6874 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
6878 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CURRENT RESIDENT
604 SALTGRASS AVE
CARLSBAD, CA 92011-3254
CURRENT RESIDENT
607 STRAND ST
CARLSBAD, CA 92011-3271
CURRENT RESIDENT
603 STRAND ST
CARLSBAD, CA 92011-3271
CURRENT RESIDENT
602 STRAND ST
CARLSBAD, CA 92011-3270
CURRENT RESIDENT
603 SANDSIDE CT
CARLSBAD, CA 92011-3255
CURRENT RESIDENT
604 SANDSIDE CT
CARLSBAD, CA 92011-3255
CURRENT RESIDENT
602 SEAWARD AVE
CARLSBAD, CA 92011-3256
CURRENT RESIDENT
1048 SAGEBRUSH RD
CARLSBAD, CA 92011-3974
CURRENT RESIDENT
1959 PALOMAR OAKS WAY 320
CARLSBAD, CA 92011-1313
CURRENT RESIDENT
7040 AVENIDA ENCINAS 104
CARLSBAD, CA 92011-4653
CURRENT RESIDENT
PO BOX 131271
CARLSBAD, CA 92013-1271
CURRENT RESIDENT
PO BOX 443
DEL MAR, CA 92014-0443
CURRENT RESIDENT
371 OCEAN VIEW CT
ENCINITAS, CA 92024-2665
CURRENT RESIDENT
2856 CALLE RANCHO VIS
ENCINITAS, CA 92024-6661
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PO BOX 3292
LA JOLLA, CA 92038-3292
CURRENT RESIDENT
PO BOX 1513
RAMONA, CA 92065-0890
CURRENT RESIDENT
PO BOX 1316
RANCHO SANTA , CA 92067-1316
CURRENT RESIDENT
PO BOX 2807
RANCHO SANTA , CA 92067-2807
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PO BOX 725
SOLANA BEACH, CA 92075-0725
CURRENT RESIDENT
807 PHOENIX WAY
SAN MARCOS, CA 92078-5031
CURRENT RESIDENT
807 PHOENIX WAY
SAN MARCOS, CA 92078-5031
,dl**r,3
CURRENT RESIDENT
1708 ELEVADO RD
VISTA, CA 92084-2803
CURRENT RESIDENT
9665 CHESAPEAKE DR 300
SAN DIEGO, CA 92123-1364
CURRENT RESIDENT
3955 VIA CANGREJO
SAN DIEGO, CA 92130-2642
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PO BOX 503166
SAN DIEGO, CA 92150-3166
CURRENT RESIDENT
PO BOX 26453
SAN DIEGO, CA 92196-0453
CURRENT RESIDENT
42623 MEADOWLARK RDG
MURRIETA, CA 92562-6273
CURRENT RESIDENT
41609 EAGLE POINT WAY
TEMECULA, CA 92591-7950
CURRENT RESIDENT
19 CHARITY
IRVINE, CA 92612-3266
CURRENT RESIDENT
17780 FITCH 145
IRVINE, CA 92614-6051
CURRENT RESIDENT
17780 FITCH 145
IRVINE, CA 92614-6051
CURRENT RESIDENT
26232 GOLADA
MISSION VIEJO, CA 92692-3251
CURRENT RESIDENT
2020 E 1ST ST 500
SANTA ANA, CA 92705-4033
CURRENT RESIDENT
2020 E 1ST ST 500
SANTA ANA, CA 92705-4033
CURRENT RESIDENT
18202 CHARTER RD
VILLA PARK, CA 92861-2610
CURRENT RESIDENT
444 MONTESSORI AVE
PLACENTIA, CA 92870-1827
CURRENT RESIDENT
13551 MAGNOLIA AVE
CORONA, CA 92879-2034
CURRENT RESIDENT
4073 GALAPAGOS WAY
OXNARD, CA 93035-1432
CURRENT RESIDENT
3879 MODESTO ST
CASTRO VALLEY, CA 94546-4438
*** 139 Printed ***
CURRENT RESIDENT
4700 SILVER RANCH PL
SAN JOSE, CA 95138-2762
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AVE
SAN MARCOS CA 92069
IAVERY®5160®
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
701 ENCINITAS BLVD
ENCINITAS CA 92024
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TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CMC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
600 EUCALYPTUS AVE
VISTA CA 92084
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
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SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AV
SAN DIEGO CA 92123
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9174 SKY PARK CT
SAN DIEGO CA 92123-4340
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5201 RUFFIN RD
SAN DIEGO CA 92123
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1600 PACIFIC HWY
SAN DIEGO CA 92101
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SAN DIEGO CA 92131
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SAN DIEGO CA 92101
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CARLSBAD CA 92011
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7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
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5934 PRIESTLEY DR
CARLSBAD CA 92008
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PHOENIX, AZ 85018-7252
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2688 KING WAY
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15105 LA SUBIDA DR
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CHRISTIAN JULLIAY
5400 LOS ROBLES DR
CARLSBAD, CA 92008-4422
DOUGLAS C BIERWAGEN
5900 PASTEUR CT 200
CARLSBAD, CA 92008-3212
PETER J & LAURA JERSZYNSKI
5900 PASTEUR CT 200
CARLSBAD, CA 92008-7336
LINDA K GEITNER
2401 BUENA VISTA CIR
CARLSBAD, CA 92008-1606
MAGAR
6939 TRADEWINDS DFR
CARLSBAD, CA 92009-3226
FARMER
6944 TRADEWINDS DR
CARLSBAD, CA 92009-3226
KIKER *M*
2550 TOWN GARDEN RD
CARLSBAD, CA 92009-3059
PHILIP R & PHYLLIS ZIRING
2386 LAPIS RD
CARLSBAD, CA 92009-1722
KENNETH L & M VALLONE
7668 EL CAMINO REAL 104-1
CARLSBAD, CA 92009-7932
GERALD & ADELHEID WILLIAMS
7217 DAFFODIL PL
CARLSBAD, CA 92011-4812
GUY & LISA OLIVER
6467 SURFSIDE LN
CARLSBAD, CA 92011-3208
DONAHUE
6458 SURFSIDE LN
CARLSBAD, CA 92011-3207
I If
09 t
09 v
WISENER
6497 SURFSIDE LN
CARLSBAD, CA 92011-3208
W 0 HISEY
6503 SURFSIDE LN
CARLSBAD, CA 92011-3210
ROBERT H & MARGARET BARELMANI
6510 FRANCISCAN RD
CARLSBAD, CA 92011-3213
SEELEY FAMILY *M*
6491 SURFSIDE LN
CARLSBAD, CA 92011-3208
DONAHUE
6458 SURFSII
CARLSBAJV^CA 92011-3207
ROGER C & JULIE BERRY
6494 SURFSIDE LN
CARLSBAD, CA 92011-3207
JOHNSON K LAI *M*
6483 FRANCISCAN RD
CARLSBAD, CA 92011-3212
ALEX G & KAREN HALL
6501 FRANCISCAN RD
CARLSBAD, CA 92011-3214
TOMMY B WHITE
6453 FRANCISCAN RD
CARLSBAD, CA 92011-3212
ERIC & LAURIE HALL
6459 FRANCISCAN RD
CARLSBAD, CA 92011-3212
KALLE & MICHELLE VARAV
6476 SURFSIDE LN
CARLSBAD, CA 92011-3207
MCCABE
6489 FRANCISCAN RD
CARLSBAD, CA 92011-3212
SHORES
6495 FRANCISCAN RD
CARLSBAD, CA 92011-3212
KATHLEEN J FIFIELD
6494 SURFSIDE LN
CARLSBAD, CA 92011-3207
ROBERT J & LESLEY BENTON
6507 FRANCISCAN RD
CARLSBAD, CA 92011-3214
THOMAS W CAMPBELL
6512 SURFSIDE LN
CARLSBAD, CA 92011-3209
ROSS & SUSAN CUTSHAW
6474 FRANCISCAN RD
CARLSBAD, CA 92011-3211
SCOTT & EILEEN CROWDER
6486 FRANCISCAN RD
CARLSBAD, CA 92011-3211
RALPH P & MOLLIE ROWAN
6492 FRANCISCAN RD
CARLSBAD, CA 92011-3211
"M* PATRICIA SANCHEZ
6498 FRANCISCAN RD
CARLSBAD, CA 92011-3211
ROBERT H & MARGARET BARELMANI
6510 FRANCISCAN RD
CARLSBAD, CA 92011-3213
CATHERINE MCNAMARA
6480 FRANCISCAN RD
CARLSBAD, CA 92011-3211
TOMMY B WHITE
6453 FRANCISCAN RD
CARLSBAD, CA 92011-3212
JEFFREY S & BARBARA TURPIN
6456 FRANCISCAN RD
CARLSBAD, CA 92011-3211
WHEELIHAN
1250 MARIPOSA RD
CARLSBAD, CA 92011-4206
ARCIDIACONO RESIDUAL
1072 LIGHTHOUSE RD
CARLSBAD, CA 92011-3410
CARLTON D & SANDRA LUND
1320 CORVIDAE ST
CARLSBAD, CA 92011-4851
ROBERT L & ANDREA NIEHAUS
7512 MAGELLAN ST
CARLSBAD, CA 92011-5426
WATERS END HOMEOWNERS ASSN
2131 LAS PALMAS DR A
CARLSBAD, CA 92011-1524
DARYL J BROOKS
120 BREAKWATER RD
CARLSBAD, CA 92011-3217
, A
' HH'I I ! f
09 UlrCS U ;3|«i|p!d«Jio nuns 13 M MUM gg jttiu §iij
«!/<» ,3 X „. j
BRADLEY HENSLEY
124 BREAKWATER RD
CARLSBAD, CA 92011-3217
STEVEN E & NORA GINTOWT
128 BREAKWATER RD
CARLSBAD, CA 92011-3217
JOHN A STEPHENSON
136 BREAKWATER RD
CARLSBAD, CA 92011-3217
JOHN M WEAKLEY
140 BREAKWATER RD
CARLSBAD, CA 92011-3217
ROBERT & WENDI RICHARDS
144 BREAKWATER RD
CARLSBAD, CA 92011-3217
YELLAND
148 BREAKWATER RD
CARLSBAD, CA 92011-3217
WILLIAM R & MONICA MAJEK
6927 TRADEWINDS DR
CARLSBAD, CA 92011-3226
DANIEL T & ANNE LINEHAN
6923 TRADEWINDS DR
CARLSBAD, CA 92011-3226
STEVEN C AMSTER
6919 TRADEWINDS DR
CARLSBAD, CA 92011-3226
SAMUEL A & GLENNA SPADARO
6911 TRADEWINDS DR
CARLSBAD, CA 92011-3226
JOSE E & ANNA CALABRIA '
6907 TRADEWINDS DR
CARLSBAD, CA 92011-3226
B* FRANK W & ELLEN TURNBULL
6895 TRADEWINDS DR
CARLSBAD, CA 92011-3224
PAUL MARSTELLER
6891 TRADEWINDS DR
CARLSBAD, CA 92011-3224
EDWARD C & ANNA JOHNSON
6865 CATAMARAN DR
CARLSBAD, CA 92011-3218
SIMON C LEE
6873 CATAMARAN DR
CARLSBAD, CA 92011-3218
WILLIAM M LASSLEBEN
6877 CATAMARAN DR
CARLSBAD, CA 92011-3218
JILL H BRINTON
6886 TRADEWINDS DR
CARLSBAD, CA 92011-3223
R & K BAUCUM
6890 TRADEWINDS DR
CARLSBAD, CA 92011-3223
PLANTS G & M J
6902 TRADEWINDS DR
CARLSBAD, CA 92011-3225
MICHELLIE Y JONES
6910 TRADEWINDS DR
CARLSBAD, CA 92011-3225
JOHN A & IRENE HAPNER
6914 TRADEWINDS DR
CARLSBAD, CA 92011-3225
ZABIHULLAH & HOMA ABDULLAH
6951 TRADEWINDS DR
CARLSBAD, CA 92011-3226
MICHAEL POMA
6943 TRADEWINDS DR
CARLSBAD, CA 92011-3226
A MAGAR
6939 TRADEWINDS DR
CARLSBAD, CA 92011-3226
HARRIS M & RUTH PLOTKIN
6931 TRADEWINDS DR
CARLSBAD, CA 92011-3226
MARTIN BOULIANE
6881 CATAMARAN DR
CARLSBAD, CA 92011-3218
MANUAL F DELACERRA
6885 CATAMARAN DR
CARLSBAD, CA 92011-3218
ROMEO M & SHUANGYING CARANDAI
6889 CATAMARAN DR
CARLSBAD, CA 92011-3218
KEVIN F FOLEY
6893 CATAMARAN DR
CARLSBAD, CA 92011-3218
HOLTZ FAMILY
6897 CATAMARAN DR
CARLSBAD, CA 92011-3218
09 1 '5- • '*J" '••» jinn 52
BRIANNE GILCHRIST
6901 CATAMARAN DR
CARLSBAD, CA 92011-3219
SHIH
6909 CATAMARAN DR
CARLSBAD, CA 92011-3219
RANDY STONE
6913 CATAMARAN DR
CARLSBAD, CA 92011-3219
KELLER
6929 CATAMARAN DR
CARLSBAD, CA 92011-3219
KURT J HUPPERT
6933 CATAMARAN DR
CARLSBAD, CA 92011-3219
DINGLE
6937 CATAMARAN DR
CARLSBAD, CA 92011-3219
GARG
6941 CATAMARAN DR
CARLSBAD, CA 92011-3219
JOHN & CANDACE BARANOWSKI
6928 TRADEWINDS DR
CARLSBAD, CA 92011-3225
GERALD W & KARIN TABER
6932 TRADEWINDS DR
CARLSBAD, CA 92011-3225
LARRY G FARMER
6944 TRADEWINDS DR
CARLSBAD, CA 92011-3225
HAI & LAN PHO
6948 TRADEWINDS DR
CARLSBAD, CA 92011-3225
ROBERT M & SANDRA PELS
143 CHANNEL RD
CARLSBAD, CA 92011-3222
BARRY J & SUSAN STONE
135 CHANNEL RD
CARLSBAD, CA 92011-3222
SUE F BLECMAN
131 CHANNEL RD
CARLSBAD, CA 92011-3222
CHRISTOPHER MOERSCH
6963 TRADEWINDS DR
CARLSBAD, CA 92011-3226
WILLIS G ROLFE
6959 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CAROLE K MCCONNELL
6945 CATAMARAN DR
CARLSBAD, CA 92011-3219
GLENN A & MILLIE SPEIRS
6953 CATAMARAN DR
CARLSBAD, CA 92011-3219
MCCALEB
6957 CATAMARAN DR
CARLSBAD, CA 92011-3219
VIRGINIA D VANMETER *M*
6965 CATAMARAN DR
CARLSBAD, CA 92011-3219
STANLEY LIN
6969 CATAMARAN DR
CARLSBAD, CA 92011-3219
GREGORY L & MARI MARRE
6981 CATAMARAN DR
CARLSBAD, CA 92011-3219
WENDY PIERCE
636 SAND SHELL AVE
CARLSBAD, CA 92011-3259
HENG-I LU
6929 WATERS END DR
CARLSBAD, CA 92011-3253
MICHAEL C & JULIEANNE CALL
130 CHANNEL RD
CARLSBAD, CA 92011-3220
GENE A RAY
6964 TRADEWINDS DR
CARLSBAD, CA 92011-3225
FEDERAL INA
6968 TRADEWINDS DR
CARLSBAD, CA 92011-3225
JACK A & JANE MEYER
6976 TRADEWINDS DR
CARLSBAD, CA 92011-3225
JAMES L GOSNELL
6980 TRADEWINDS DR
CARLSBAD, CA 92011-3225
MICHAEL D & RONDA DIVERDE
123 CHANNEL RD
CARLSBAD, CA 92011-3221
NAZIRU HI RANI
119 CHANNEL RD
CARLSBAD, CA 92011-3221
CUNNINGHAM
111 CHANNEL RD
CARLSBAD, CA 92011-3221
RUBEN W & JOANNE ESPINOSA
6987 TRADEWINDS DR
CARLSBAD, CA 92011-3226
JOHN C & RHONDA OERTLE
6983 TRADEWINDS DR
CARLSBAD, CA 92011-3226
7TH HEAVEN
6979 TRADEWINDS DR
CARLSBAD, CA 92011-3226
CYNTHIA L MUNOZ
6975 TRADEWINDS DR
CARLSBAD, CA 92011-3226
SHIPLEY
6971 TRADEWINDS DR
CARLSBAD, CA 92011-3226
MARY J HERTAN
6879 TRADEWINDS DR
CARLSBAD, CA 92011-3224
ISSA
6867 TRADEWINDS DR
CARLSBAD, CA 92011-3224
STEELE FAMILY
6863 TRADEWINDS DR
CARLSBAD, CA 92011-3224
DONNAGER FAMILY
6866 TRADEWINDS DR
CARLSBAD, CA 92011-3223
THERESA C BUELTEL
6870 TRADEWINDS DR
CARLSBAD, CA 92011-3223
CHARLES M & ROBYN DYER
6874 TRADEWINDS DR
CARLSBAD, CA 92011-3223
ERNEST T & BETH OZAKI
6878 TRADEWINDS DR
CARLSBAD, CA 92011-3223
BLACK FAMILY
605 SALTGRASS AVE
CARLSBAD, CA 92011-3258
SUSAN R MILANO
604 SALTGRASS AVE
CARLSBAD, CA 92011-3254
DAVID & HAU NOVOSEDLIAK
608 SALTGRASS AVE
CARLSBAD, CA 92011-3254
JOEL A & DIANA TARQUIN '
616 SALTGRASS AVE
CARLSBAD, CA 92011-3254
M*
BRENDA S ZIMMERMAN
620 SALTGRASS AVE
CARLSBAD, CA 92011-3254
ANNE-MARIE STEPHENSON
660 SEAWARD AVE
CARLSBAD, CA 92011-3256
BENJAMIN W GUSTIN
623 STRAND ST
CARLSBAD, CA 92011-3271
PATRICK M & MARI TERRY
619 STRAND ST
CARLSBAD, CA 92011-3271
NICHOLAS G & KATHY NUTTER
615 STRAND ST
CARLSBAD, CA 92011-3271
WILLIAM W & GRACE SPORE
611 STRAND ST
CARLSBAD, CA 92011-3271
MANCUSO
607 STRAND ST
CARLSBAD, CA 92011-3271
DAVID J & MARTINE MILLER
603 STRAND ST
CARLSBAD, CA 92011-3271
TIMOTHY J BATES
602 STRAND ST
CARLSBAD, CA 92011-3270
GEORGE & STACIE WEIGLE
606 STRAND ST
CARLSBAD, CA 92011-3270
SCHNEIDER
610 STRAND ST
CARLSBAD, CA 92011-3270
STEPHANIE A PRITCHETT
618 STRAND ST
CARLSBAD, CA 92011-3270
STEVEN P & JOANNE MANZI
6919 CLEARWATER ST
CARLSBAD, CA 92011-3273
SERGIO & MARIA CORREA
637 SANDSIDE CT
CARLSBAD, CA 92011-3255
PETER HURLEY
625 SANDSIDE CT
CARLSBAD, CA 92011-3255
RONALD J BLACK
621 SANDSIDE CT
CARLSBAD, CA 92011-3255
TATIANA HAHN
607 SANDSIDE CT
CARLSBAD, CA 92011-3255
PATRICK S & ELISA HENRY *M*
603 SANDSIDE CT
CARLSBAD, CA 92011-3255
CAROLINE A AGRIESTI
604 SANDSIDE CT
CARLSBAD, CA 92011-3255
BENJAMIN S & VICTORIA BEARDEI
612 SANDSIDE CT
CARLSBAD, CA 92011-3255
TIMOTHY & MARGARET CARROLL
602 SEAWARD AVE
CARLSBAD, CA 92011-3256
SHAD C & LISA COLBERT
610 SEAWARD AVE
CARLSBAD, CA 92011-3256
MARK H LAVINE
614 SEAWARD AVE
CARLSBAD, CA 92011-3256
TIMOTHY C & SARENA TRAVER
618 SEAWARD AVE
CARLSBAD, CA 92011-3256
MARIANNE BROWNE
622 SEAWARD AVE
CARLSBAD, CA 92011-3256
PHILLIP & MARIA STUBBS
630 SEAWARD AVE
CARLSBAD, CA 92011-3256
JULIE SUTTLES
640 SEAWARD AVE
CARLSBAD, CA 92011-3256
DEBRA S RANGEL
641 SEAWARD AVE
CARLSBAD, CA 92011-3257
LILY L WONG
635 SEAWARD AVE
CARLSBAD, CA 92011-3257
TIMOTHY J & SUZETTE SMITH
631 SEAWARD AVE
CARLSBAD, CA 92011-3257
MICHAEL & ANNETTE MANNING
623 SEAWARD AVE
CARLSBAD, CA 92011-3257
JEFFREY C FOSBURG
620 SANDSIDE CT
CARLSBAD, CA 92011-3255
SEI C & MYUNG OH
624 SANDSIDE CT
CARLSBAD, CA 92011-3255
RAYMOND K & VALERIE SHELINE
1048 SAGEBRUSH RD
CARLSBAD, CA 92011-3974
TORILEX DEFINED BENEFIT PENS!
6619 SITIO CEDRELA
CARLSBAD, CA 92011-3504
ARON S & JULIE CARMAN *M*
6758 CAURINA CT
CARLSBAD, CA 92011-4059
WATERS END HOMEOWNERS ASSOCIJ
1959 PALOMAR OAKS WAY 320
CARLSBAD, CA 92011-1313
SHARP
7040 AVENIDA ENCINAS 104
CARLSBAD, CA 92011-4653
SALMAN TAGHIZADEGAN
PO BOX 131271
CARLSBAD, CA 92013-1271
MELODY J BACHA
PO BOX 443
DEL MAR, CA 92014-0443
INTERVIVOS MCKERNEY
305 HIHILL WAY
EL CAJON, CA 92020-2935
DONALD C & SUSAN DEWOLF
371 OCEAN VIEW CT
ENCINITAS, CA 92024-2665
t/5
-i PHUfl i.y «v<( i , i i , M t. i
) t.^ * i • inn
N S B
149 HILLCREST DR
ENCINITAS, CA 92024
SUSAN PATTEN
1335 RAVEAN CT
ENCINITAS, CA 92024-6204
WENDEL
791 JENSEN CT
ENCINITAS, CA 92024-2398
FORD F & PATRICIA MUDGET
2856 CALLE RANCHO VIS
ENCINITAS, CA 92024-6661
*M* ANNINA E TORRI
PO BOX 3292
LA JOLLA, CA 92038-3292
LUCORE
5955 LAS TUNAS DR
OCEANSIDE, CA 92057-2102
MICHAEL R & KIM HARGETT
PO BOX 1513
RAMONA, CA 92065-0890
GILCHRIST
PO BOX 1316
RANCHO SANTA , CA 92067-1316
RAINER & LAUREL MOEGLING
PO BOX 2807
RANCHO SANTA , CA 92067-2807
RICHARD W & SUSAN SCOTT
PO BOX 725
SOLANA BEACH, CA 92075-0725
WILLIAM E HEAD
807 PHOENIX WAY
SAN MARCOS, CA 92078-5031
W HEAD
807 PHOENI
SAN MAHCtJS,
JAY
CA 92078-5031
MITCHELL M & GHADA WILSON
1708 ELEVADO RD
VISTA, CA 92084-2803
RODNEY NIEBUHR
3940 GRESHAM ST 354
SAN DIEGO, CA 92109-5880
WATERS END HOMEOWNERS ASSOCD
9665 CHESAPEAKE DR 300
SAN DIEGO, CA 92123-1364
DUTTA
7819 VISTA LAZANJA
SAN DIEGO, CA 92127-3624
EASTON
5458 CAMINITO VISTA LUJO
SAN DIEGO, CA 92130-2861
SUSAN PARRAVI
3955 VIA CANGREJO
SAN DIEGO, CA 92130-2642
CHINH V TRAN
PO BOX 503166
SAN DIEGO, CA 92150-3166
ARMAN P & MARY FREEMAN
PO BOX 26453
SAN DIEGO, CA 92196-0453
SAMUEL J & CASSANDRA BAR *M*
78925 STARLIGHT LN
BERMUDA DUNES, CA 92203-1539
GILBERT V & TRINIDAD VEA
2250 W HAMILTON AVE
EL CENTRO, CA 92243-3653
TIEDEN FAMILY
42623 MEADOWLARK RDG
MURRIETA, CA 92562-6273
KATHY A MISNER-LANSFORD
41609 EAGLE POINT WAY
TEMECULA, CA 92591-7950
FOSTER
19 CHARITY
IRVINE, CA 92612-3266
OCEAN PARK ESTATES L L C
17780 FITCH 145
IRVINE, CA 92614-6051
NAHOUL
26232 GOLADA
MISSION VIEJO, CA 92692-3251
WATERS END HOMEOWNERS ASSN
2020 E 1ST ST 500
SANTA ANA, CA 92705-4033
CYNTHIA L & BEN YORKS
18202 CHARTER RD
VILLA PARK, CA 92861-2610
JEFFREY M VANARSDALE
444 MONTESSORI AVE
PLACENTIA, CA 92870-1827
09 1-8/09 S
* ,.,y/q 4 1 ,. 5, .;
PADILLA
13551 MAGNOLIA AVE
CORONA, CA 92879-2034
JOHN G & LORETTE SPEER
4073 GALAPAGOS WAY
OXNARD, CA 93035-1432
CHESTER & JUDY POHLE
15820 ARABELLA AVE
BAKERSFIELD, CA 93314-7808
POINSETTIA HOUSING ASSOCIATED
345 SPEAR ST 700
SAN FRANCISCO, CA 94105-6136
ALFRED & REBECCA WONG
3879 MODESTO ST
CASTRO VALLEY, CA 94546-4438
ANDREWS
16 LAUREL AVE
BELVEDERE, CA 94920-2306
ROBIN TABER
4700 SILVER RANCH PL
SAN JOSE, CA 95138-2762
GIGI PARISI
2701 CALIFORNIA AVE SW
SEATTLE, WA 98116-2405
*** 218 Printed ***
City of Carlsbad
City Council Hearing
April 27, 2010
GILCHRIST & RUTTER
CONVERSION provides
every household a
CHOICE
which they do not
have today.
Buy or Rent?
GILCHRIST & RUTTER
State Rent Control Provides
Resident Protection…
It’s the Law:
The Park Owner shall be required to
avoid the economic displacement of all
non-purchasing residents in accordance
with California Government Code
§66427.5(f)
GILCHRIST & RUTTER
LOWER INCOME
HOUSEHOLD
One
Person
Household
$46,250
Two
Person
Household
$52,900
Four
Person
Household
$66,100
RENTS CAN ONLY INCREASE
BY THE AVERAGE OF THE
PREVIOUS 4 YEARS INCREASE
OR CPI
WHICHEVER IS LESS
NON-LOW INCOME
HOUSEHOLD
Forthose households with
annualincomesabove
lower income
RENTS MAY INCREASE
GRADUALLY OVER A FOUR-
YEAR PERIOD TO MARKET
RATE RENT OF LAND
The State Mobilehome Park Resident
Ownership Program (MPROP)
“To finance the preservation of
affordable homes by conversion to
ownership control by Residents.”*
*California Dept. of Housing
and
Community Development
GILCHRIST & RUTTER
Long-Term Loans for
Lower Income
Residents
The State-Funded MPROP
Program provides:
GILCHRIST & RUTTER
•3%simple annual interest for up to 30
years for long-term financing.
•Monthly loan payments can be deferred or
adjusted if necessary to make the
purchase affordable.Payments are based
on income rather than purchase price
which means that a resident could pay less
to own than to rent.
GILCHRIST & RUTTER
•After subdividing the land,homeowners and residents
will have more options to finance their homes than
before.
•Once subdivided,the home and the subdivided
property can be financed with a traditional real
estate loan.
•Aside from conventional financing,many residents
may qualify for:
First Time Home Buyer loans
Cal Vet loans
Other local programs such as Redevelopment Agency funding
Many park owners offer seller financing.
Financing for
Non-Low Income Residents
GILCHRIST & RUTTER
•The California Dept.of Real Estate (DRE)willreviewthePark’s financial records and mustapprovethecalculationofHOAbudgetandduestoensurecontinuedqualityoperationandmaintenanceofthePark.
•The DRE will require the Park Owner to depositfundsintotheHOA’s reserve account an amountequaltotheusedportionoftheusefullifeoftheParkcommonarea(clubhouse,pool,roads,etc.)The reserve account will ensure the futurereplacementandrepairofcommonareafacilities.
•In this way,deferred maintenance costs will notbepassedontothehomeowners!
Infrastructure –Common Area
GILCHRIST & RUTTER
•Homeowners are responsible ONLY forHOAduesfortheirindividuallot.
•Renters are not responsible for ANY HOAdues.
•Park Owner must pay the dues for alllotswhichhavenotbeensold.
Example:If 100 lots out of 146 in the Parkremainasrentals,the Park Owner isresponsiblefortheHOAduesforthose100lots.
Homeowner Association Dues
GILCHRIST & RUTTER
Benefits of Conversion
•Renters are protected under State
Rent Control
•Purchasers will have:
Control over the Park;
Opportunity to build equity;
Financing options that would
otherwise not be available to
them.
GILCHRIST & RUTTER
GILCHRIST & RUTTER
Lanikai Lane
CT 09-04/CDP 09-15
Christer Westman
April 27, 2010
Lanikai Lane
I-
5
AT &
SF
RR
CARLSBAD BLAVENIDA
ENC
INAS
PONTO DRCARLSBAD STATE
BEACH
DYSHORELINE
DRWATERS END
DRSURFSIDE
LNCATAMARAN DRTRADEWINDS
DR
SEAWARD
A
VEMBARCADERO LN
SANDSID
E
C
T
RAINTREE
D
RSWEETWATER ST
ISLAND
W
Y FRANCISCAN
RDLANAKAI LN
BREAKWATER RD
CAMINITO VERDE
STRAND S
T
I-5
CARLSBAD BL
0 500 1,000250
Feet
CT 09-04 / CDP 09-15
Lanikai Lane
Lanikai Lane
•14.38 acres / 146 lease spaces
•General Plan
–Residential Medium High (RLM : 8-15 du/ac)
•Zoning
–Residential Mobile Home Park
Lanikai Lane