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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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED i nnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES n -V/^7// ou 'aa Page 2 lots.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: 25 /// 26 /// 27 /// 28 /// 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." 9 10 11 12 13 14 15 16 '" 17 '" 18 '" 19 '" 20 '" 21 '" 22 "> 23 '" 24 '" 25 '" 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 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 /^ , /-v^^^V/ju /CLAUDE A. LE4/y/S, Mayor Ann J. KulchinHVIayor Pro-Tern ATTEST ( f ^/ ( , I/ }^ \s&+*£(7 LORRTttNE IvU^eO'D, QiQ Clerk (SEAL) ^ Karen R . Kundtz, Assistant City Clerk ^VSBAO% % •*""+"' ^ '">,t^ 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. 25 26 27 28 PC RESO NO. 6666 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Irvine Los Angeles Irvine Los Gatos Mill Valley Ross Irvine Irvine Irvine Muntington Beach Los Angeles Norwalk Irvine Easton Easton State CA CA CA CA CA CA CA CA CA CA CA CA CA 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 ffiCUMD: yA[ 16, ISil IN 80* 11W PAH » t AN EAXUCNI FOR fHE PURPOSE 9UW SELOt AND A DOCUHEM atnUD 'CAftf TEUHSkM BUX 9UJNGAOtfEUtNT. AND CRAHT DSQIUf WHO tf&Wft 17. I*WDSOJilO BT DMtfLS CAEUUSCN. Ht, A DOEHLtfE 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 FIXPO*.- pueuc unuKS, WCKSS mo EGRESS MCOUAf): H BOOK JM PAS JOI W CiBSiffiCTS THE fiOIII MKtOT «J£CI5 A FCRIKW IN SA1J OvOJUC^I A A _ ^^_ _— — ~g^ 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. 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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&gt 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 c c c c c c c c w c c c r~ c c 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 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,<•• •- >" 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 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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 CURRENT RESIDENT PO BOX 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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 Easy Peel Labels Use Avery® TEMPLATE 5160® ! A j^Feed Paper See Instruction Sheet j for Easy Peel Feature^ 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 LEUCADIA WASTE WATER DIST 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 I.P.U.A. 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AMY C HSU 33 MELROSE ST 3 ARLINGTON, MA 02474-8503 SANCHEZ MCCORD PSC 103 BOX 186 APO, AE 09603-0002 WANG 21 HAWKS NEST RD STONY BROOK, NY 11790-1103 GOMEZ ROBLES 95 S MEADOWMIST CIR THE WOODLANDS, TX 77381-6238 MICHAEL N POLI 2999 N 44TH ST 500 PHOENIX, AZ 85018-7252 DONALD F & MARY CASTRO 7721 N TATUM BLVD PARADISE VALL, AZ 85253-2925 DAVID G & KATHRYN FISS 6037 E SUNNYSIDE DR SCOTTSDALE, AZ 85254-4977 GRANT A & LANIE GOMEZ 5011 E PERSHING AVE SCOTTSDALE, AZ 85254-3621 MICHAEL G & SHERRI TOMASZEWSI 7457 E 'JOURNEY LN SCOTTSDALE, AZ 85255-4608 MELINDA M BAILEY 14830 N 113TH PL SCOTTSDALE, AZ 85255-1867 BRUCE & JANE ASH 6570 E SANTA AURELIA TUCSON, AZ 85715-3126 GLOBE LAND INC 6450 SPRING MOUNTAIN RD 12 LAS VEGAS, NV 89146-8836 NELSON 1914 GATES AVE B REDONDO BEACH, CA 90278-1903 JIMENEZ FAMILY 9954 RAVENNA WAY CYPRESS, CA 90630-3539 RICHARD STEENKEN 3215 BARNES CIR GLENDALE, CA 91208-1703 MARVIN & ANITA QUINTO 2688 KING WAY CLAREMONT, CA 91711-1721 NICHOLAS G & DAVID METCHKOFF 15105 LA SUBIDA DR HACIENDA HEIG, CA 91745-5100 MICHAEL J & BARBARA HARKINS 9048 HUNTER PASS ALPINE, CA 91901-2620 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 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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