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HomeMy WebLinkAbout2010-03-03; Planning Commission; ; CT 09-04|CDP 09-15 - LANIKAI LANEThe 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 CT09-04/CDP09-15 March 3, 2010 Page 3 LANIKAI LANE 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. 1 - 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 PageS 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 MelJo 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 watef 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 7 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 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 II, LLC, "Owner and Developer," has filed a 9 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 12 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 of 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 officialJC °J records 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 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 duly4 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 7 and arguments, if any, of persons desiring to be heard, said Commission considered all factors g 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:11 12 A) That the foregoing recitations are true and correct. 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 14 following findings and subject to the following conditions: 15 „ ,.Findings: 16 1. 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 1° Subdivision Map Act, and will not cause serious public health problems, in that the . g 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 25 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. 3. That the proposed project is compatible with the surrounding future land uses since 5 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 9 compatible with the surrounding single family residential development in the area. 10 4. 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 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. 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).20 V 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. 26 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 2° onsite and approval of the subdivision does not include any physical alterations to PC RESO NO. 6666 -3- 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. 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 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. 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 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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 r 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. 7 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.o 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 Yi 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). ,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. 18 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 24 or successor in interest. 25 v •Engineering: 26 11. Developer shall submit to the City Engineer CC&Rs addressing the maintenance, repair, 27 and replacement of shared private improvements within this subdivision, including but not limited to private streets, utilities1 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- 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 n recordation the City's standard form Drainage Hold Harmless Agreement. 10 Non-Mapping Notes 11 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. b. 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. c. 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 2Q 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 OTJ 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: FARRAThS*DOUGLAS, Uhaupfcrson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6666 -7- 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 , 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 8 22. 9 CASE NAME: LANIKAI LANE CASE NO.: CDP 09-15 10 WHEREAS, Ocean Park Estates II, LLC, "Owner and Developer," has filed a 12 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 14 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 , o 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 2/r 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 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 of4 e the Carlsbad Municipal Code; and 6 WHEREAS, the Planning Commission did, on March 3, 2010, hold a duly 7 noticed public hearing as prescribed by law to consider said request; and Q 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 16 RECOMMENDS APPROVAL of LANIKAI LANE - CDP 09-15 based on the following findings and subject to the following conditions: 17 Findings; 18 1. That the proposed development is in conformance with the Certified Local Coastal 1 Q 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 25 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 27 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- 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. " 4. The project is not located between the sea and the first public road parallel to the sea and, 1f1 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 j5 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 *' 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. 91z l 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 22 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 -3- 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 5 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, 12 (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 in 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 22 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: FARRAH U!DOUGLAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6667 -5- TO SCALE SITEMAP Lanikai Lane CT 09-04/CDP 09-15 BACKGROUND DATA SHEET CASE NO: CT 09-04/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/O 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: I I Yes [X] No Coastal Development Permit: [X] Yes I I No Local Coastal Program Amendment: I I Yes IXI 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 Negative Declaration, issued I | Certified Environmental Impact Report, dated D Other, Revised 01/06 _C]ty_of Carlsbad 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 club, 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 a!l 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 LIST Person Corp/Part Title Title Address Address 2, OWNER (Not the owner's agent) Provide the COMPLiTE, 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, Title SEE ATTACHED LIST Corp/Pa it. Title 1635 Faraday Avenue • Carlsbad CA 92008-7314 « {760} 802-4600 « FAX (760) 602-8559 * wwwci.carlsbad.ca. PAGE 02 06/11/2009 14:26 3239332652^ TITAN 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list 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 all the aroqv/5 information is true and correct to the best Signature ofjewner/dajte ___ Signaty^e-pf applicant/da^7^-^^^^- a ^ / "^' Prin! or type name of owner Print or type name of applicant Signature of owner/applicants 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 tstnics, LLC llasmukh Bhakta T.A. Shadian Family Living Trust dnlcd 4/1 0/09 c/o Troy Shadian Savage/Black Living Trusl daled 12/12/97 c/o Alistair Black Chris Tokarski Kcllows Living Trust c/o Boyd hollows Core Carlsbad, LLC c/o Troy Shadian JARS Holdings. LLC c/o Sima Bhakla JARS Holdings. LLC c/o Roshan Bhalka The Kctan Bhakla & Sunita Bhakta Trust c/o Kctan Bhatka Ryan Bcnialh Kushal Bhakla STM Inveslments, LLC c/o Manish Bhatka U.S. Industries LLC c/o Lisa Savone U.S. Induslrics LLC c/o Nick Savone Interest Tenaiil In Common Member Member Member Member Member Manager Member Member Member Member Member Member Member Member Street 17780 Filch, Suite 145 3430 Butler Avenue 17780 Filch, Suite 145 15466 Los Gates Boulevard. Ste. 109 29 Eugene Street PO Box 182 17780 Kitch, Suite 145 1 7780 Fitch. Suilc 145 17780 Fitch. Suite 145 8851 Gallant Drive 1006 N. Beverly Glen Boulevard . 1 1 844 E. Firestone Boulevard 17780 Fitch, Suite 145 86 Tranquility Drive 86 Tranquility Drive Cilv ,rv,,,e Los Angeles irvme Los Gates Mill Valley Ross Irvine Irvine Irvine I luntington Beach Los Angeles Norwalk Irvine Easton Easlon Stale CA CA CA CA CA CA CA CA CA CA CA CA CA CT cr Zip 92614 90066 92614 95032 94941 94957 92614 92614 92614 92646 90077 92614 62614 06612 06612 Ocean Park Estates II, LLC Usher Diversified Holdings, LLC Stephen Usher Owner Information Person Oeenn Park Estates. LLC llasmukh Bhakta T.A. Shadian Family Living Trust dalcd 4/1 0/09 c/o Troy Shadian Savage/Black Living Trust dated 12/12/97 c/o Alistair Black Chris Tokarski Fellows Living Trusl c/o Boyd Fellows Core Carlsbad. LLC c/o Troy Shadian JARS 1 foldings, LLC c/o Siina Bhakta JARS Holdings, LLC c/o Roshan Bhatka The Kclan Bhakla & Sunila Bhakfa Trusl c/o Kclan Bhalka Ryan Bernath Kushal Bhakla STM Inveslments, LLC c/o Manish Bhatka M.S. Industries LLC c/o Lisa Savone U.S. Industries LLC c/o Kick Savone Tcnamln Common Manager Manager Title Interest Tenant In Common Member Member Member Member Member 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 Galos Boulevard. Sle. 109 29 Eugene Street PO Box 182 17780 Fitch, Suite 145 17780 Fitch, Suite 145 17780 Filch. Suilc 145 8851 Gallant Drive 1 006 N. Beverly Glen Boulevard 1 1844 B. Fireslone Boulevard 17780 Filch, Suite 145 86 Tranquitily Drive 86 Tranquility Drive Los Angeles Los Angeles Los Angeles City Irvine Los Angeles Irvine Los Gatos Mill Valley Ross Irvine Irvine irvine 1 luntington Beach Los Angeles Norwalk Irvine Easton Easlon 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 Estates 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 AERIAL PHOTOGRAPHY BY DIGFTAL GLOBE/ GOOGLE EARTH, FEBRUARY 1. 2QOfi VESTING TENTATIVE TRACT MAP No. CT 09-04 EASEMENT INFORMATION SEE SHEET 2 LEGAL DESCRIPTION per CHICAGO TITLE COMPANY POLICY No. 930015178-U50, DATED a JUL 09) AN EAsaen FOR THE PURPOSE SHOHN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY Of SAN BEGO PURPOSE: PUBLIC HIGHWAY RECORDED: JUNE 13, 1911 IN BOOK 505 PACE 31 OF DEEDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAD EASEMENT 15 NOT DISCLOSED OF RECORD AN EASEMENT FOR THE PURPOSE SHOW BELOI AND RIGHTS INCDEIITAL THERETO AS SET FCflTH W A DOCUUENT GRANTED Tft SAN UECO CONSCUDATED GAS * ELECTRIC COMPANY PURPOSE PUBUC UTILITIES, INGRESS AND EGRESS RECORDED: IN BOOK 739 PAGE 301 OF DEEDS AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUUENT AN EASEMENT FOR THE PURPOSE SHOW) BELO* AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED Tft SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE PUBUC UTILITIES, WGRESS AND EGRESS RECORDED: MAY 18, 1951 IN BOOK «01 PAGE 39 OF OFF10AL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS UORE FULLY DESCRIBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOW BELOB AND V§ RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED Tft SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE PUBLIC UTUTIES RECORDED: OCTOBER 3. 1951 IN BOOK «53 PAGE 101 OF OFFICIAL RECORDS AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAD LAND AND IS MORE FULLY DESCHBED H SAD DOCUUENT AN EASEMENT FOR THE PURPOSE SHOW BELOW AND RIGHTS KODENTAL THERETO AS SET FORTH H A DOCUUENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE PUBUC UTUTIES, INGRESS AND EGRESS RECORDED: APRIL 1. 1963 AS INSTRUMENT NO. 54911 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MOFI FULLY DESCRIBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOW BELOW AND RIGHTS WODENTAL THERETO AS SET FORTH M A DOCUUENT GRANTED Tft SAN DIGO GAS AND ELECTRIC COMPANY PURPOSE PUBUC UTILITIES, INGRESS AND EGRESS RECORDED: APRIL 10, 1963 AS MSTRUUENT NO. 61421 OFFICIAL RECORDS AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS UORE FULLY DESCRIBED IN SAD DOCUUENT A DOCUMENT ENTITLED "CABLE TELEVlSm BULK BILLING AGREEMENT AND GRANT EASEMENT", DATED FEBRUARY 17, 1995 EXECUTED BY DANIELS CABLEVflON, INC.. A DELEWARE CORPORATION AND SOUTH SHORES DEVELOPMENT CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECOROEOJULY 6, 1995 AS FILE NO. 1995-0287208 OF OFFICIAL RECORDS. # EASEMENT NOT PLOTTED DUE TO LACK OF DESCRIPTION per CHICAGO TITLE COMPANY POLICY No. 930015178-U50, DATED 24 JUN 09) 'pARCa 1: (APN 214-150-09) 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 EOUNDARIES 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. 'PARCa 2: (APN 214-150-10) 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 t 6fl OF FINAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 OF OFFICIAL RECORDS. GENERAL NOTES FLOOD ZONE INFORMATION BASED ON THE FLOOD INSURANCE RATE UAPS PROVIDED Bf THE FEDOW. EMERGENCY MANAGEMENT ACENCT (FEMA) QATED JUNE !9, 1997, THE PROPERTY SHOWN ON THIS TENTATIVE UAP IS ENTIRELY WITHIN ROOD ZONE X WHICH DESIGNATES AREAS DETERMINED TO BE OUTSIDE THE 500-YEAR ROODPLAJN (UAP No. 06073C1027 F). FINAL MAP NOTE THE FINAL MAP TO! BE A "ONE LOT" TRACT SHOfflNG ONLY THE BOUNDARY AND EASEMENTS. NO INTERIOR IMPROVEMENTS/UNfTS W/LL BE SHOWN ON THE FINAL WAP. BOUNDARY INFORMATION THE BOUNDARY INFORHATION PROVIDED HEREON IS PER THE A.LTA SURVEY COMPILED BY MELCHIOR LAND SURVEYING INC., DATED JUNE 10, 2004 APPLICATION for DEVELOPMENT PERMIT/ DEVELOPMENT PROJECT for SUBDIVISION of LANIKAI LANE MOBILE HOME PARK "Application tor Development Permit/Development Project for Subdivision of LANIKAI LANE Mobile Home Pork. The terms "development," "project," and "development project" ere used os definedunder the Permit Streamlining Act (PSA) (Govt. Code 65920 et seq,), specifically sections 65927, 65928. and 65931. The term "subdivision" as used here refers to the definition of the term contained in section 66424 of the Subdivision Map Act (SMA). All applicable time limitations pertaining to development permits and/or projects and subdivision mops under the PSA ond SMA Code sections 65943 and 66452 et seq." RASfS OF BEARINGS BASIS OF BEARINGS IS A CALCULATED NAD 83, ZONE 6 GRID BEARING BETWEEN 1ST ORDER GPS CONTROL POINTS 134 WCC S2. AND CA HPGN 11-07 PER ROS 16810 ID N Z06'33" E OUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. 1. THIS TENTATIVE MAP (ONE LOT SUBDIVISION) IS SUBMITTED PURSUANT TO SECTION 66427.5 OF THE STATE SUBDIVISION MAP ACT. 2. ENGINEER HAS RELIED UPON INFORMATION SUPPLIED IN THE CHICAGO TITLE COMPANY POLICY No. 930015178-U50, DATED 24 JUN 09 TO DISCLOSE RECORD EASEMENTS THAT BURDEN OR BENEFIT THIS PROPERTY. 3. NO MONUMENTATION WAS FOUND OR SET AT THE PROPERTY CORNERS UNLESS NOTED OTHERWISE. 4. THIS IMP IS INTENDED TO SHOW THE GENERAL FEATURES AND IS NOT A SURVEYED DEPICTION. 5. THIS PLAN AND/OR DATA FILES INCLUDING ALL CONTENTS HERBN ARE FOR THE SOLE USES AND PARTIES INDICATED HEREON INCLUDING THEIR SUCCESSORS AND ASSIGNS. ANY DEVIATION OR MISUSES OF THIS PLAN AND/OR DATA FILES WITHOUT PRIOR WRITTEN AGREEMENTS BY SID GOLDSTIEN CIVIL ENGINEER, INC. IS PROHIBITED AND IS THE RESPONSIBILITY OF THE PARTIES USINS S«ID DRAWING AND/OR DATA FILES, UPON THE REUSE OF THIS PLAN AND/OR DATA FILES SID GOLDSTIEN CIVIL ENGINEER, INC. RELINQUISHES ALL RESPONSIBIUT1ES OF THE ACCURACY AND GENERAL CONTENT OF SAID PLAN AND/OR DATA FILES CONTAINED HERBN. 6. THERE IS NO EVIDENCE OF SOLID WASTE DUMP, SUMP OR SANITARY LAND FILL USE. 7. THIS PLAN IS NOT FOR CONSTRUCTION PURPOSES AND NO CHANGES TO EXISTING BUILDINGS OR ADDITION OF NEW BUILDINGS ARE PROPOSED AS PART OF THIS TENTATIVE MAP. 8. THIS MAP IS FOR PURPOSES OF CREATING A SINGLE LOT SUBDIVISION WITH 146 RESIDENTIAL MOBILEHOME CONDOMINIUM UNITS. IT IS NOT THE INTENT OF THIS MAP TO CREATE IN3MDUAL SUBDIVIDED LOTS. 9. ALL ROADWAYS AND PARKING WITHIN THE LANIKAI LANE MOBILE HOME PARK ARE EXISTING AND SURFACED WITH ASPHALT PAVEMENT. OWNER'S CERTIFICATE I/WE HEREBY APPLY FOR APPROVAL OF THE DIVISION OF REAL PROPERTY SHOWN ON THIS PLAT AND CERTIFY THAT I/W AM/ARE THE LEGAL OWNER(S) OR THE AUTHORIZED AGENT OF THE LEGAL OWNER(S) OF SAID PROPERTY AND THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY/OUR KNOWLEDGE AND BELJEF. WE CERTIFY THAT ALL APPLICABLE REQUIREMENTS OF SECTION 66427.1 OF THE CALIFORNIA GOVERNMENT CODE SHALL BE COMPLIED WITH. r ~l C^B*: \"* \ *''1 ^^I ' VICINITY MAP TT5 GENERAL INFORMATION ENGINEER/AGENT A.P.N. PARCEL SIZE ZONING GENERAL PLAN BUILDING SETBACKS: FRONT SIDE INTERIOR STREET REAR UTILITIES: WATER SEWER GAS ELECTRIC CABLE TELEVISION TELEPHONE ROADS PARKING COUNT GUEST SPACES TOTAL SCHOOLS: ELEMENTARY: MIDDLE SCHOOL HIGH SCHOOL TROY SHADIAN c/o OCEAN PARK ESTATES, UC.17780 FITCH. SUITE 145 IRVINE. CALIFORNIA 92614 (949) 797-9133 ext.104 6550 PONTO DRIVECARLSBAD, CA 92009 RICHARD CLOSE c/o GILCHRIST * RUTTER1299 OCEAN AVE., SUITE 900 SANTA MONICA, CA 90401 TEL (310J 393-4000 FAX: (310) 394-4700 SID GOLDSTIEN CIVIL ENGINEER, INC. 650 ALAMO PINTADO RD, SUITE 302SOLVANG, CA 93463 TEL (805) 688-1526 FAX: (805) 688-6582 2U-150-09 & 10 ±14.137 AC. RMHP - RESIDENTIAL MOBILE HOME PARK RMH - MEDIUM-HIGH DENSITY 5' 3' 5' 3' CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS flc ELECTRIC TIME WARNER AT&T PRIVATE 39 292331 CARLSBAD UNIFIED SCHOOL DISTRICT PACIFIC RIM AVIARA OAKS CARLSBAD HIGH SCHOOL — TITLE SHEET — LANIKAI LANE MOBILE HOME PARK VESTING TENTATIVE TRACT MAP No. CT 09-04 for Condominium Purposes BBNG A PROPOSED DIVISION OF 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 THE SOUTH 10 ACRES OF LOT I. 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 CITY OF CARLSBAD AUGUST 10, 2009 REVISED 17 SEPTEMBER, 2009 STEVE ( OCEAN PARK ESTATES B. LLC PREPARED BY:SID GOLDSTIEN - CIVIL ENGINEER. INC. 650 ALAMO PINTADO AVENUE, SUITE 302 SOLVANG, CA 93463 PH: (805) 688-1526 FAX: (805) 688-6582E-MAIL: sidOsjgce.com SHEET 1 OF 4 09-06-100a Cv<ibod\nU.dw, S*> ZJ, 2009 - ft 51am GRAPHIC SCALE t" - 60' VNE COR ~- LOT 1 LEGEND ROS 12828 MHP BOUNDARY ADJOINING PROPERTY BOUNDARY INDICATES THE ULTIUATF. PERIMETER BOUNDARY OF THE SINGLE LOT SUBDIVISION FOR WHICH THIS MAP IS PREPARED. fflY LINE LOT 1 ATCHISON TOPEKA AND SANTA FE RAILROAD t MOBILE HOME PARK AREA: 615439.34 SO. FT. 14.129 ACRES LOT 1 FRAC. SEC 29 ROS 882 [N 20^52" * 1673.4V] I FD LEAD t DISC (" *"?&. * !^'ff ] 'STAMPED RCE 22606 N 2^55^J^J,_j\ =>| CARLSBAD TRACT CT 99-02 POINSETTIA COVE FOR OF THE E 1/2 OF THE NE 1/4 SEC 29 T 12 S R 4 W SBM [N 1BD5'14' W 1240.761] N laWIS" W 1240.76' 41 18'45'50" W 11718ft N 18D3'15' W 1174.36' / ' PONTO DRIVE (N tg'SO'OO' W 362447 PER STATE ROW MAP X1-SD-2B) X1-SD-2B 5 [N 18TJ5'14' W 2598.09'! CARLSBAD BOULEVARD „ i '« s~® * _l 3 •3 ' o" r\_nfl'ji"> " R«19846.00'<^ R=1 9846.00' ^> I/•/' tf ri [(N 19T)9'02' W 1652.32')] / N 19DTor W 1652.32' i^-"—/^- '• ('• f^'i4fiSi£a&tm!i*'ttMi££&r- •' • •&>*> t~*aw-**is-- — - • pyifftp-'Y'pT^/^g'a STAMPED LS 5059 R=19 PER ROS 13326 L-13 g ^ 22'36" f/DaCKm'Se'N"] 146.00' R=19846.00' I.4/ L\L-130.4r U ^ () - [ ] = < > = «)) = NDICATES RECOR INDICATES RECOf NDICATES RECORD INDICATES RECOR N 18D3'15' W 2598.09'(OLD HIGHWAY 1U1) (X1-SD-2B)D=Of03'48TD=OnX5'48"l/D=On)4'10' R=19926.001 R=19926.00' R=19926.00' L=369.80' LL=369.82' J\L=371.92' CARLSBAD BOULEVARD EASEMENT INFORMATION per CHICAGO TITLE COMPANY POLICY No. 930015178-U50, DATED 23 JUL 09) (1J AN EASEMENT FOR THE PURPOSE SHOW BELOW AND RIGHTS WdDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY Of SAN DIEGO PURPOSE PUBLIC HIGHWAY RECORDED: JUNE 13, 1911 IN BOOK 505 PACE 31 OF DEEDS AFFECTS: THE EXACT LOCATION AND EXTENT Of SAID EASEMENT IS NOT DISCLOSED OF RECORD <D AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO CONSOUDATED GAS i ELECTRIC COMPANY PURPOSE: PUBUC UTIUTIES, INGRESS AND EGRESS RECORDED: W BOOK 739 PAGE 301 OF DEEDS AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOWN BELO* AND RIGHTS WODENTAL THERETO AS SO FORTH IN A DOCUMENT GRANTED Tft SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBUC UTIUTIES, INGRESS AND EGRESS RECORDED: MAY 16, 1951 IN BOOK 4101 PAGE 39 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCSBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOW BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH M A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTBC COMPANY PURPOSE: PUBUC UTIUTIES RECORDED: OCTOBER 3, 1351 « BOOK 4253 PAGE 101 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAD LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH M A DOCUMENT GRANTED Tft SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBUC UTUT1ES, INGRESS AND EGRESS RECORDED: APRIL t. 1963 AS WSTRUMENT NO. 54911 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INODEHTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED Tft SAN DIEGO GAS AND ELECTRIC COMPANY PURPOSE: PUBUC UTIUTIES, INGRESS AND EGRESS RECORDED: APRIL 10, 1963 AS INSTRUMENT NO. 61421 OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAB LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT A DOCUMENT ENTITLED 'CABLE TELEVISION BULK BILLING AGREEMENT AMD GRANT EASEMENT", DATED FEBRUARY 17, 1995 EXECUTED BY OANELS CABLEVISION, INC, A DELEWARE CORPORATION AND SOUTH SHORES DEVELOPMENT CORPORATION. SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THERDN CONTAINED, RECORDEDJULY 6. 1995 AS FILE NO. 1995-0287208 OF OFFICIAL RECORDS. LUVHMJ L4M ¥05/L^ HOME PARK VESTING TENTATIVE TRACT MAP No. CT 09-04for Condominium Purposes BEING A PROPOSED DIVISION OF THAT PORTION OF LOT I, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFOA1. PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RICHTS OF WAY AND THE SOUTH 10 ACRES OF LOT I, 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. CITY OF CARLSB.AUGUST 10, 2009 REVISED 17 SEPTEMBER, 2009 * EASEMENT NOT PLOTTED DUE TO LACK OF DESCRIPTION PREPARED BY:S7J CtUJSmW - CIVIL ENGINEER. INC. 650 ALAMO PINTADO AVENUE. SUITE 302SOLVANG, CA 93463 PH: (805) 688-1526 FAX: (805) 688-6582E-MAIL: 3idOsJ9ce.com SHEET 2 OF 4 \\Swvafclce\gcIldltlln\DRAWMG5\0S-Oe-10 S*f> 2% 2000 - &53on GRAPHIC SCALE I" = X'DENSE TRE 0' JO' 60' 90' GENERAL NOTES 1. ENGINEER HAS RELIED UPON INFORMATIONSUPPUED iW THE CHICAGO TIKI COMPANY POLICY No. 9300I5178-U50, DATED 24 JUN 09 TO DISCLOSE RECORD EASEMENTS THAT BURDEN OR BENEFIT THIS PROPERTY. 2. NO MONUMENT/TON WAS FOUND OR SET AT THE PROPERTY CORNERS UNLESS NOTED OTHERWISE. 3. THIS MAP IS INTENDED TO SHOW THE GENERAL FEATURES AND IS NOT A SURVEYED DEPICTION. 4. THERE IS NO EVIDENCE OF SOLID WASTE DUMP, SUMP OR SANITARY LAND FILL USE. 5. THIS PLAN IS NOT FOR CONSTRUCTION PURPOSESAND NO CHANGES TO EXISTING BUILDINGS OR ADDITION OF NEW BUILDINGS ARE PROPOSED ASPART OF THIS TENTATIVE MAP. 6. THIS MAP IS FOR PURPOSES OF CREATING A SINGLE LOT SUBDIVISION WITH 146 RESIDENTIAL MOBILEHOME CONDOMINIUM UNITS. IT IS NOT THE INTENT OF THIS MAP TO CREATE INDIVIDUAL SUBDIVIDED LOTS. 7. ALL ROADWAYS AND PARKING WITHIN THE LANIKA) LANE MOBILE HOME PARK ARE EXISTING ANDSURFACED WITH ASPHALT PAVEMENT. 8. ALL EXISTING TREES AND VEGETATION TO REMAIN 'H IN PUCE AND UNDISTURBED.FRANCISCAN RD. ~~ SITE PLAN ~~ LANE MOBILE HOME PARK VESTING TENTATIVE TRACT MAP No. CT 09-04for Condominium Purposes CARLSBAD BOULEVARD CARLSBAD BOULEVARD CONG LEGEND AC = ASPHALT BFP = BACK FLOW PREVENTER C.I. = CURB INLET C8 = CATCH BASIN CONC = CONCRETE t - CENTERUNE ELE = ELECTRIC FF = FINISH FLOOR FH - FIRE H1DRANT G - GAS IRG o IRRIGATION IRGV - IRRIGATION VALVE LT - UGHT MH = MAN HOLE PB = PULL BOX PEO = PEDASTAL I =. PROPERTY UNE PP » POWER POLE SCO = SEVlER OEANOUT SDG4E = SAN DIEGO GAS 4 ELECTRIC CO SD = STORM DRAIN S - SEWER TRAN = TRANSFORMER TELE = TELEPHONE (TIP) = TYPICAL UG = UNDERGROUND POWER/GAS W = WATER «U - WATER METER WV = WATER VALVE fj) = TITLE REPORT ITEM f 1 = MOHLEHOME SPACE NUMBER (j) - GUEST PARKING SPACE MHP BOUNDARY ADJOINING PROPERTY BOUNDARY T777~?f77?? INDICATES THE ULTIMATE PERIMETERBOUNDARY OF THE SINGLE LOT SUBDIVISION FOR WHICH THIS MAP IS PREPARED. SITE MAP SCALE.' I" = 30' BEING A PROPOSED DIVISION OF THAT PORTION OF LOT I, 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 OFFKIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY AND THE SOUTH 10 ACRES OF LOT I. 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 CITY OF CARLSBAD AUGUST 10, 2009 REVISED 17 SEPTEMBER, 2009 SID OOLDSTIEN - CIVIL ENGINEER. INC. 650 ALAMO PINTADO AVENUE. SUITE 302SOLVANG. CA 93463 PH: (805) 688-1526 FAX: (805) 688-65S2E-MAIL; sidOsjgce.com SHEET 3 OF 4 \\s«r«rsjB«\<)o(dltl«l\D(w*HCS\09-08-10 > Zi 2 ^' t^iv-t—^—.0 GRAPHIC SCALE 1" = 30' I I I CONC | f CONC ' ! CONC '.j< \ LEGEND AC = ASPHALT BFP « BACK aO» PREVENTER C.I. = CURB INLET CB = CATCH BASIN CONC = CONCRETE i = CENTERUNE ELE = ELECTRIC FF = FINISH aOOR FH » FRE HYDRANT G = GAS IRG - IRRIGATION IRGV = RBCATION VALVE LT =. UGHT MM = MAN HOLE PB = PULL BOX PED = PEDASTAL t = PROPERTY LINE PP = POUER POLE SCO = SEWtR CLEANOUT SO - STORM DRAIN S = SEWER TRAN = TRANSFORMER TELE = TELEPHONE (TYP) = TYPICAL UG = UNDERGROUND POKER/GAS W = WATER WM = WATER METER WV - WATER VALVE 1 - UOBILEHOUE SPACE NUMBER © « GUEST PARKING SPACE MHP BOUNDARY ADJOINING PROPERTY BOUNDARY -777--77?7— INDICATES THE ULTIMATE PERIMETER BOUNDARY OF THE SINGLE LOT SUBDIVISION FOR WHICH THIS MAP IS PREPARED. SITE MAP SCALE: T = JO' GENERAL NOTES 1. ENGINEER HAS RELIED UPON INFORMATION SUPPUED IN THE CHICAGO TITLE COMPANY POLICY No. 930015178-U50, DATED 24 JUN 09 TO DISCLOSE RECORD EASEMENTS THAT BURDEN OR BENEFIT THE PROPERTY. 2. NO MONUMENTATION WAS FOUND OR SET AT THE PROPERTY CORNERS UNLESS NOTED OTHERWISE. 3. THIS MAP IS INTENDED TO SHOW THE GENERAL FEATURES AND IS NOT A SURVEYED DEPICTION. 4. THERE IS NO EVIDENCE OF SOLID WASTE DUMP, SUMP OR SANITARY LAND FILL USE. 5. THIS PLAN IS NOT FOR CONSTRUCTION PURPOSES AND NO CHANGES TO EXISTING BUILDINGS OR ADDITION OF NEW BUILDINGS ABE PROPOSED AS PART OF THIS TENTATIVE MAP. 6. THIS MAP IS FOR PURPOSES OF CREATING A SINGLE LOT SUBDIVISION WITH 146 RESIDENTIAL MOBILEHOME CONDOMINIUM UNITS. IT IS NOT THE INTENT OF IMS MAP TO CREATE INDIVIDUAL SUBDIVIDED LOTS. 7. ALL ROADWAYS AND PARKING WITHIN THE LANIKAI LANE MOBILE HOME PARK ARE EXISTING AND SURFACED WITH ASPHALT PAVEMENT. 8. AU EXISTING TREES AND VEGETATION TO REMAIN IN PLACE AND UNDISTURBED. ~~ SITE PLAN LANIKAI LANE MOBILE HOME PARK VESTING TENTATIVE TRACT MAPNo. CT 09-04for Condominium Purposes BONG A PROPOSED DIVISION OF THAT PORTION OF LOT I, 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 BETWEENTHE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY AND THE SOUTH 10 ACRES OF LOT 1. SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE ANO MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY ANO THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. CITY OF CARLSBAD AUGUST 10, 2009 REVISED 17 SEPTEMBER, 2009 SDGiE * SAN DIEGO GAS 4 ELECTRIC CO <7> = TITLE REPORT ITEM / PREPARED BT: SW GOLDSTIEN - CIVIL ENGINEER. INC. "650 ALAMO PINTADO AVENUE. SUITE 302SOLVANG, CA 93463 PH: (805) 688-1526 FAX: (805) 688-6582 E-MAIL: sidesjgce.com \\S«-«ri)gc«\gddjtlao\DfJAWHGS\Q9-Oe-100 CvtatHM\TTM.dwg 5«p 13, 2 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 Households1 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 mobilehome; [s sittiated. For purposes of this TIR, the term "mobilehome" shall have the same meaning as.dfefmed'under California Civil Code § 798.3, which, among other things, includes a "manufactured home" as defined under California Health & Safety Code § 18007. v' r -' </:•- 1.1 Change of Ownership Rather Than Change of Use. Whenever a mobilehome park is to be converted from a rental-only park to one,where;sp1iees/lots may bekswned by the residents, the Subdivision Map Actyfound in the California'Government Code § 66427.5, requires the entity which is converting the mobilehome paffc.to file a report on the impact that the conversion to another use will have on the residents and occupants of the mobilehome park. The Park will remain a manufactured housing-community, ^vith the existing Resident Households having the right to either buytheir Condominium Unit2 OK 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 M the common area and facilities from the Park owner ("Park Owner"), and participate in the ^operation of the Park'through a homeowners' association ("Homeowners' Association"),'br continue"to rent their individual spaces; provided, however, the first sale of spaces and a share in the 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 ofdwnership. "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 l/146th 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.DOC/!01409/4786.001] 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 Residents). (a) Categories of Resident Households within the Park. California Government Code § 66427.5 divides the Residents of the Park into two (2) income categories for the Resident Households: (1) non-lower income and (2) lojv.et income households. Lower income households are defined in Health & Safety Coddi§* 5007^.5 as "those persons and families whose income does not exceed the qualifyinfg limits for lb^ income families as established and amended from time to time pursuant to Section 8 of ttfelUnited States Housing Act of 1937." The greatest protections are given-To the lower-income Kous'eholds. The income limits are based on the county median income and the household size as prepared and distributed under the United States Housing Act. To qualify as~*a lQwer,-income household, the following income limits were established for calendar year 2009:3 /^ . * Household Size # of Persons Income Must be at or Below: X '.% * $46,250' l" 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 arejikely 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'Resident-Hpusehold would need to qualify with respect to the lower-income household requirements applicable" as of the date the Final Public Report is issued by the'DRE^and delivered to each Resident Houselold and the City of Carlsbad. If, for example, the date of trie, issuance and delivery of*the Final Public Report is four (4) years from the date the final map for the conversion records, then af Resident Household in order to qualify as a lower- income household \vould need 16 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/101409/4786.001J 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 a month-to-month written rental agreement ("Rental Agreement"). 2.2 Residents' Rights. In addition to jthetterms of the'-i.eases and the Rental Agreement, the tenancy rights of Residents residing in the Park are governed by California Civil Code § 798 et seq. ("Mobilehome Residency Law"), and other applicable California statutory and case law. ,l it ** t f*" ' 3. Park Owner's Rights Upon Conversion. <i 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 vthe property and go o'ut 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, Mobilehome 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. VC"° 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 populationfepf California under California Government Code § 66427.5. The lower income households receive a guarantee of reduced rental increases beyond that which any local jurisdiction can enact under the current rent control cases and laws of California. Lower income is defined in California Government Code § 66427.5 by referencing California Health and Safety Code ,§ 50079.5, which in rurntdefines lower income persons as persons and families whose income does-not exceed the qualifyinglimits for lower income families as established and amended from rime.ro time-pursuant to Sectitm 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 of.'the 'Resident's income as though that Resident were applying for a State of'CaliforniafMobileheme Park "Ownership Program ("MPROP") loan each year. In the event-that program is" no longer-in1 existence, the last application documents will become the permanent'documents, and ttte^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 lDMM: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 purpjpse of this Tenant Impact Report is to explain the options of the Residents and Resident Households regarding their choice to purchase or to rent their space. The Park Owner has agreed^^this TIR, to "waive its right to terminate existing tenancies and Leases upon the conversion, {See Section 3 above), and any Resident who chooses not to purchase a PUD/Condominium Interest (defined below) may reside in the Park as set forth in Section 3 and Section 4.2 above. Thus; there will be no economic displacement based on the Map Act Rents nor actual eviction of any Resident Household becatise of the conversion and, therefore, no relocation mitigation is required. * 5. PUD/Condominium Interest:;Ninetv. (90) Day Right of First Refusal to Purchase. -*»., 5.1 PUD/Condominium Interest. The conversion provides the Resident Households with the opportunity to acquire 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-Jot 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 oner'in-oneirapdred forty sixth (l/146th) interest in the Park's common areas, andl/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 Inairbe 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). [DMM:ax/l 9! 165_2. DOC/101409/4786.001 J 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 )eave*to heirs/and participating as a voting member in the Homeowners' Association that go vents' the Park in which they live. * Vs -e-*'.,' \ »-. 8. Financing Options for Lower Income 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. MPR0P is available"io'ReSJdent Households wKo elect to purchase their unit and who qualify as'aiewer-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. v- '" \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 provide?, on a-sliding scale, "an amount sufficient to secure a monthly paymenfso that total monthly costs should not exceed 30% of the resident's monthly income, which is-consistent with affordable housing guidelines.* * *'' ° \- ^ v ' - MPROP, currently offers'-$2,000,'000 in loan financing per park per year. If additional funding is needed in order to fund1 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 [DMM: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 instead of rent is also able to deduct mortgage interest on their tax return, affording additional shavings. ** '/ ** v 11. Assurance of Operating and Main ten anee-JFunds for Common Area Facilities and Services. To assure the availability and source of^fufTds to defray tKe cost of common area facilities and services (collectively, "Common_Area Costs") during the early period of Resident ownership and operation of the Park by the Homet>jvners' Association, the Park Owner is required by the DRE, pursuant to California Business and Profefssions Code § HO 18.5 and 10 California Code of Regulations § 2792.9, to furnish funds, 'a^surety bond or other,security convertible to cash to an escrow depository, before the sale of 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 each space 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 C6de,§ 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/I9H65_2.DOC/101409/4786.00I] 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 control the Park. Since the new owners of the Park will not be motivated to make a profit, but rathe»afe motivated to ensure the best possible living conditions at the most affordable rates,' payable through the Homeowners' Association dues, directly or through rent, both buyert-and renters-benefit from the conversion. 1lJ* \14. Conclusion. ~ *• "\ ••14.1 The above described purchase rights\and protections will be offered only if the Park is converted to a Resident-owned mobilehome park.'Sucri programs become effective on the Conversion Date. -•• * • , •> • "- "* s *14.2 Upon conversion of the Park to Resident ownership, the current owner of the Park, as well as subsequent "owners 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, a; • < * \ ' ,* 14.4* , The conversion of the Park from a rental park to a Resident-owned park provides the Residents withjan 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/19ll65_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 October 12,2009 Susy Forbath Gilchrist & Rutter 1299 Ocean Avenue, Suite 900 Santa Monica, CA 90401 Re: Mobile Home Park Survey Results - Lanikai Mobilehome Park Dear Susy: In accordance with the executed Mobile Home Park Survey Agreement between Hoffman, Stermer & Associates, Inc. and your firm, Gilchrist & 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 7, 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: Total number of ballots with a "DO NOT SUPPORT" vote: Total number of ballots with an unmarked vote: Totaliramber of ballots with "JD3ECEINE TO STATED Vote;' Total number 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.P.A. Vice-President Page 2 o/2 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 "Party" 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: ' • 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 Creation of Survey Forms. Within five (5) calendar days of the signing of this Agreement by both Parties, Ocean Park shall distribute one copy of (DMM.az/fl 191878v3JDOCS2_ - draft Sumy Agreement (TWC dr (2) DOC/090209/4786.001) (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 baliot process. (DMM aa'#l9I878v3JDOCS2_ - draft Survey Agreement (TWC dr (2).DOC/090209A!786 001] 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: Lanikai Lane Homeowners Association, Inc. Attn: Austin Lynas, President 6550 Ponto Drive, Space 140 Carlsbad, CA 92011 With a Copy to: The Loftin Firm LLP Attn: L. Sue Lqftin, Esq. 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 To Ocean Park: Ocean Park Estates, LLC and Ocean Park Estates 11, LLC c/o Gilchrist & Rutter Professional Corporation Attn: Richard H. Close, Esq. 1299 Ocean Avenue, Suite 900 Santa Monica, CA 9040} 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 az/»19l878v3 JDOCS2_ - draft Survey Agreement (TWC dr (2).DOC/090209/4786.0G!) 4.4 Counterpart Originals. This Agreement may be executed in multiple counterpart originals, all of which together shall constitute a single agreement. ASSOCIAT APPRVED AS TOFORM: , SUE LOFTIfl, COWSEL FORTHEX^IOCJATION INSEL FOR LANIKAI ASSOClATlON.plC., a California non-profit mutual benefit corporation OCEAN PARK ESTATES, LLC, a California limited liability company [DMM az/»l9l«78v3_IDOCS2_ - dran Survey Agreement (TSVC dr (2) DOC/090209/4786 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 (1) 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 wifl 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 lo 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 mobilehorne 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 osvnership of the park to a resident owned condominium park. THANK YOU FOR YOUR TIME TO RESPOND TO THIS SURVEY! Date: ; Date: Signature: Signature: Print Name: Print Name: Address:_ Address: Day Tele: Day Tele: IDMM a2/#l9l878v3JDOCS2_ - draft Survey Agreement (TWC <ir(2) DQC/t)90209/'!786.!)Qlj A-l LANIKAI MOBILEHOME PARK C4 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 Ihe 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 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 California Gov't Code section 66427.5(d)(.l), 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: _j_...^ Day Tele:. BY PROVIDING THE INFORMATION REQUESTED IN THIS SURVEY, YOU ARE NOT COMMITTING YOURSELFTO 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 LANIKAJ MOBILEHOME PARK. J.DOC/090209/4786.0011 Page! ofl EXHIBIT B FORM OF LETTER TO RESIDENTS H)MM-m/«19l878v3_lDOCS2_ - draft Survey Agreement (TWC tlr (2) DOC/090209/4786.001]B-l LAW OFFICES GILCHRIST & RUTTER KSIONAL COKl'ORATION WILSHIRE PALISADES BUILDING 1299 OCEAN AVENUE. SUITg BOO SANTA MONICA. CALIFORNIA 90-I01-1QOO TELEPHONE (310) 383-4000 FACSIMILE (310) 384-4700 E-MAIL fcloaetgJgjIcHrlBlrutlQr can 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 CPI 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 •• 3 person household =559,500; 4 person household = 566,100. = 546,250; 2 person household =552,900; LAW OFFICES <;II,OIIRIST<& H I'HOKKKKIONAI, rOHI'ON To All 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 & R.UTTER Professional Corporation Richard H. Close Of the Firm RHC/DMM:az 191083 2.DOC/090209 4786001 cc: Mr. Troy Shadian Mr. Roshan Bhakta 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 1 192, Statutes of 1979] 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 advisor)' agency, by the legislative body. (c) The legislative body, or an advisory agency which is authorized 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. (c) The subdivider shall make a copy of the report available to each resident 18 c c c c v-r c W C c c c c c c i r 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 niobiiehome 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 10 approve., conditionally approve, or disapprove the map. The scope of the hearing shall be limited to the issue of compliance with this section. (r) 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 Safely 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 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. [Amended, Chapter 1(43, 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 tins section. A parcel 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, thai are created by short-term leases (terminable by either party on not more than. 30 19 c