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HomeMy WebLinkAbout2009/07/14 Item 15CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISfA July 14, 2009, Item No.: ~J~ ITEM TITLE: PUBLIC HEARING: PCZ-08-04 Consideration of an application filed by SKK Realty, LLC-requesting a rezone from MHP-Exclusive Mobilehome Pazk to R3 Apartment Residential Zone, with a Precise Plan Modifying District. RESOLUTION: of the City Council of the City of Chula Vista finding that the applicant has complied with required provisions of LUT Section 7.17 of the Chula Vista General Plan regazding an application to rezone property currently designated MHP (Exclusive Mobilehome Pazk) Zone. ORDINANCE: of City of Chula Vista amending the Zoning Map established by Section 19.18.010 to rezone one 4.35 acre parcel located at 701 D Street from MHP (Exclusive Mobilehome Pazk) Zone to R-3-P (Apartment Residential, Precise Plan) Zone. SUBMITTED BY: Director of Develo ment Services/Deputy City Manag~ REVIEWED BY: City Manage 4/Sths Vote :Yes X No BACKGROUND The vacant 4.35 acre project site was the former location of Jade Bay Mobile Lodge, a 76 space mobilehome park established in 1960 under Conditional Use Permit (C-59-1). At the time the park was established, the zoning for the property was R-3 (Apartment Residential). On November 28, 1978, the City Council established the MHP (Exclusive Mobilehome Pazk) Zone. On June 11, 1980, the zoning for the project site was changed from R-3 to MHP in recognition of the existing Jade Bay Mobile Lodge. The mobilehome park remained until 2006. Following the conclusion of bankruptcy proceedings which began in eazly 2006, the site was vacated. The applicant, SKK Reality LLC ("Applicant"), now wishes to rezone the property to the original R- 3 zoning designation for the property. This would allow for future development of a high density multi-family project. In addition, the applicant is requesting a "P" Precise Plan Modifying District also be added to the site (see Attachment 3). 15-1 Meeting Date: 07/08/09 Page 2 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-Ol. Thus, no further environmental review or documentation is necessary. RECOMMENDATION That the City Council adopt the attached Draft City Council Ordinance and Resolution, based on the findings contained therein. BOARDS/COMMISSION RECOMMENDATION This item was heazd by the Planning Commission on June 24, 2009. Issues raised by the public and the commissioners included the relocation of former tenants of the Jade Bay Mobilehome Pazk and that the requested rezone was not accompanied by a development proposal for the site. The Planning Commission voted (4-1-0-2) to recommend City Council approval of the project. (see Attachment 8). DISCUSSION Project Site Chazacteristics: The 4.35 acre site is located within the urbanized area of Western Chula Vista. The site is located at the northwest corner of D Street and Woodlawn Avenue. The western portion of the site is located in proximity to Interstate 5 Freeway. Primary access to the site is currently provided directly from D Street. The existing site is relatively flat, and was previously occupied by a mobilehome park. The existing surrounding land uses include apartments to the north, single- and multi-family residential to the east and a mobilehome pazk to the south. To the west is the Interstate 5 Freeway. The following is a summary of existing uses and General Plan and Zoning designations. 15-2 Meeting Date: 07/08/09 Page 3 Existing Zoning and Land Uses General Plan CV Municipal Code Zoning Existing Land Use Site RH-High Density MHP (Exclusive Vacant Residenrial (18-27 Mobilehome Park) du/ac) North RMH Medium-High R-3 (Apartment Residential) Existing Apartrnents Residential (I1-18 du/ac) South RH-High Density MHP (Exclusive Existing Mobilehome Park Residential (18-27 Mobilehome Pazk) du/ac) East RMH-Residential- R-3 (Apartment Residential) Existing Single and Multi-Family Medium-High (11-18 Residential du/acre) West Open Space Unzoned San Diego Trolley/Interstate 5 Project Description: The project consists of rezoning a vacant 4.35 acre site formerly utilized fora 76 space mobile home park. No development project is proposed on the site at this time. The purpose of the rezone is to make the zoning consistent with the General Plan and to allow the site to be developed under the R-3 zoning designation ANALYSIS: Rezone The proposed rezoning of the property to R-3 is consistent with the 2005 General Plan land use designation of High Density Residential (18-27 du/ac). The zoning designation would in essence, revert back to the R-3 zoning designation that originally applied to the project site prior to MHP rezoning in 1980. Now that the site is vacant, the R-3 designation would be the most appropriate zoning to apply to the site since it is consistent with the existing General Plan designation. Since the original development of the mobilehome pazk, more housing types at a variety of income levels have been developed within Chula Vista and under the proposed R-3 zoning designation more such housing would be permitted to be developed. Land Use General Plan Consistency The site and surrounding neighborhood consists of a mixture of apartments to the north, single and multi-family residential to the east and an existing mobilehome pazk to the south. The General Plan land use designations are for Medium High density to the north and east (11-18 15-3 Meeting Date: 07/08/09 Page 4 du/ac) and High Density Residential (18-27 du/ac) for both the project site and the area immediately to the south. Objective-LUT 55 encourages redevelopment of E Street between Interstate 5 and Broadway with mixed use, especially near the E Street Trolley Station, and an emphasis on visitor-serving uses, with some office and multi-family residential. The project site is located within the E Street Visitor District Focus Area of the Interstate 5 Corridor District. Policy LUT 55.2 is "to provide for the development of High Density Residential multi-family housing north of visitor uses on E Street, taking advantage of the views to the Bayfront and beyond. Since the site is now vacant, the applicant's request to change the zoning to R-3 would be appropriate since it would be consistent with the General Plan designation for the site. No development is proposed at this time. Rezoning the property to R3 would support the construction of new, multi-family development at the densities anticipated under the General Plan. This should benefit the neighborhood since future high density development will provide an appropriate transition between the San Diego Troiley/Interstate 5 freeway to the west and medium-high density development to the east. Precise Plan Modifying District In order to allow future design flexibility and to enable the City to require enhanced design elements on the property a Precise Plan Modifying District would be established. The precise plan would address the unique chazacteristics of the property in relationship to its surrounding area. Since no specific development is being proposed at this time, the current request is to only add the "P" modifier to the zoning designation. At the time an actual development project is submitted, precise plan standazds would be proposed and adopted prior to approval of any development project entitlements. The "P" Precise Plan Modifying District ("P-modifier") Section 19.56.040 states that the purpose of the P-modifier is "to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specifc conditions of approval .... " It is further provided in section 19.56.040 that "[wJithin the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. " Section 19.56.041 sets forth the circumstances under which the "P" modifier may be established for a pazcel. Specifically, Section 19.56.041 describes four circumstances, at least one of which must be present, in order to consider the approval of a P-modifier. Three of these circumstances aze substantiated below: (a) The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, confguration, traffic circulation or some social or historical situation. requiring special handling of the development on a precise plan basis. The proposed P-modifier will provide necessary safeguards so that at the time of future development of the site, consideration will be made of the unique chazacteristics of the site as well as its location and surroundings. Currently, the 15-4 Meeting Date: 07/08/09 Page 5 subject property is only accessible from two sides of the subject property, from Woodlawn Avenue and D Street. Due to proximity to the San Diego Trolley line/Interstate 5 freeway to the west, and existing development to the north, it would not be feasible to construct either public or private streets along these boundaries. Such limited access may pose some unique and significant challenges as far as routine ingress and egress, emergency access and general traffic circulation. Additionally, this could result in the bulk of housing having to be located within the eastern and southern portions of the site. The P modifier would allow flexibility in the future to make modifications to development standazds such as building setbacks in order to accommodate future on-site development proposals. Because no actual development is planned in conjunction with this rezone request, no actual precise plan guidelines aze being requested at this time. (b) The property or area in which the modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The proposed P-modifier will allow future development of the site to achieve greater compatibility with the existing surrounding land uses. Directly north of the project site, the land which is zoned R-3 ("Apartment Residential Zone") is developed primarily with apartments and other multi-family structures. To the east, although also designated R-3, contains a mixture of both single and multi family development. To the south of the project site, the land which is zoned MHP (Exclusive Mobilehome Pazk) is fully developed as an 85 unit mobilehome park. To the west of the project site, the land contains certain road improvements serving Interstate 5 and the right of way for the San Diego Trolley line. In light of the diversity of existing land uses surrounding the project site, staff believes that the application of the P-modifier to the project site will allow greater design control over the eventual development of the project site to insure compatiblity with the existing uses surrounding the project site. Due to the proximity of Interstate 5 to the west of the project site and associated noise and air quality concerns, it may be beneficial to design a future project in such away that it is primarily oriented away from the freeway. (c) The basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or jlexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone. The existing development standards under the R-3 ("Apartment Residential Zone") may be insufficient with respect to providing the City with the "appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. " Application of the P-modifier can provide flexibility in setback requirements. This would allow for 15-5 Meeting Date: 07/08/09 Page 6 a development to achieve a greater sepazation from the Interstate 5 freeway to the west without reducing the overall amount of density which may be achieved. In this regazd, it would help achieve the Chula Vista General Plan goal of providing higher density residential development in proximity to existing transit facilities. Specifically, policy LUT 1.8 is to pursue higher density residential categories that aze not being met within the City. In addition, it would allow for additional design restrictions which will result in a better site design and layout. A rezone request typically accompanies a request for a particulaz development proposal for the property. In this particulaz case, however, no development project is being proposed. Thus, although a P-modifier is being requested for the zone, no accompanying precise plan guidelines or standards are being requested for approval at this time. Establishment of the P-modifier will provide future flexibility to establish development standazds if necessary to accommodate the preferred site design. Compliance with Mobile Home Park Closure Requirements and Overlay District Typically, a site containing a MHP zoning designation would contain an existing mobilehome park at the time of a request for change in land use or rezone. As a result, a request to rezone a property currently zoned MHP with an existing mobilehome pazk would be accompanied by documentation outlining compliance with both Chapter 9.40 of the Chula Vista Municipal Code (CVMC) as well as Section 32 of the Land Use and Transportation Element of the Chula Vista General Plan. Chapter 9.40 outlines the specific criteria that must be contained within a required relocation plan for residents of the existing mobilehome park. Such a plan would typically have to be approved prior to consideration of closure of the park and subsequent rezoning of the property. A Mobile Home Pazk Overlay District (MHPOD) described in Section 7.17 of the Land Use and Transportation Element was established in October 2006. The objective of this newly added Section was to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome park developments. The MHPOD further refines and updates the procedural requirements for mobilehome pazk closure and resident relocation contained in Chapter 9.40, raises the required review and approval level for the relocation plan to the City Council and contains additional findings which must be met regarding the closure of the existing mobile home pazk. Thirty two existing mobile home parks were incorporated into the MHPOD, thereby subjecting them to the applicable objectives and policies established therein. More specifically, Policy LUT 34.A.2 states that at the time of any proposed change of use and/or rezoning of any of the 32 properties listed under the mobile home pazk overlay district, the City Council shall review the relocation plan which, shall contain provisions to mitigate any adverse impacts of the conversion of a mobile home park on the affected residents. The adopted policies relied heavily on compliance with Chapter 9.40 of the Municipal Code with its own established sets of procedures to follow. 15-6 Meeting Date: 07/08/09 Page 7 What is unique about this rezone request is that all residents have been relocated and the site is totally vacant. Jade Bay Mobile Home Pazk, filed banla~uptcy in 2006. The Bankruptcy Court exercised its jurisdiction to effect park closure. Thereafter, the City retained special banlmiptcy counsel to attend the bankruptcy proceedings and (to the extent possible) to help ensure that the residents' relocation needs were met. While the City was not involved with the bankruptcy proceedings, it did monitor the situation. On several occasions, staff, Special Bankruptcy Counsel and various City Council Members met with the residents to explain the bankruptcy process to them. The City also retained a relocation specialist to provide staff with assistance in determining the residents' eligibility for City assistance. In addition, the residents were provided with the following information on affordable housing options and available affordable housing assistance: (1) HOME Investment Partnership Program funds to assist very low and low-income residents with rent and security deposits; (2) Affordable rental opportunities throughout the City; (3) First-time homebuyer programs for low and moderate-income residents though the City's inclusionazy housing policy; and (4) Section 8 rental assistance. During the bankruptcy proceedings, Jade Bay submitted a Banlffuptcy Plan that proposed to provide the residents with relocation benefits of approximately 15% of the appraised value of their coaches. The tenants were then offered full appraised value if residents signed legally binding stipulations approved by the Federal banluptcy judge and vacated the premises earlier. (See Attachments 3 and 4). In the stipulations, each resident legally waived his or her rights to demand additional relocation benefits in the future. Since the conclusion of the bankruptcy proceedings, all of the residents of the Park moved out of the Park; thus, leaving the Pazk in its current vacant state. It is important to note that the "Applicant" for the rezone (who is the owner of the subject property), and Jade Bay, former operator of the Pazk aze "legally" two separate entities. The applicant has prepared documentation that was submitted to the City, which describes why it contends that the bankruptcy proceedings superseded local ordinances regarding mobilehome park closures. Since the Pazk is currently vacant and since the former residents executed Federal Court approved stipulations formally accepting the relocation benefits offered to them by Jade Bay as satisfying their relocation claims, the relocation provisions of Chapter 9.40 are not applicable in this particulaz instance (i.e., notification procedures etc). Specific aeeas where the applicant has complied with applicable areas of this Chapter are described below. The mobile home park no longer exists on the project site and there are no residents who will be displaced as a result of the requested rezone action. Nonetheless, as part of the Rezone application, the applicant has provided detailed supplemental information to the City as to why he believes the previous owner complied with Chapter 9.40 and the MHPOD in the context of the Federal Bankruptcy proceedings. This information has been incorporated into the fmdings detailed in the following section. 15-7 Meeting Date: 07/08/09 Page 8 Policy 34.A.2, referenced above, outlines findings which must be made in order to consider the rezoning of a property currently zoned MHP, as specifically stated below: LUT 34.A.,2 At the time of consideration of any change of use and/or rezoning of any of the mobilehome properties noted above, the City Council shall review the plan prepared under Policy 34.A.1 and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.030, shall make the following Endings, as outlined below: That the proposed change in use and/or rezoning will not adversely affect attainment of the City's goal to provide a variety of housing options within the City. The proposed change in use/rezone will not adversely affect the City's housing goals since the project site is currently vacant and, therefore, does not currently contribute any units towazds the housing stock. Since the development of the Jade Bay Mobile Lodge there have been a greater diversity of housing types developed for a variety of income limits within Chula Vista, offering more varied housing options. Rezoning of the property to allow for multi-family development will help achieve the City's goal of achieving a variety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9, which is to provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multi-family allows for either rental or condominium units to be developed on the site. Typically, the rents or sales prices for these units would be lower than that of asingle-family dwelling. The City's General Plan for this site is currently High Density Residential so that the rezoning would result in the existing zoning to be brought into greater conformance with the General Plan. Further, this would help achieve the City's General Plan policy of achieving a variety of housing options. Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but aze not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The requested rezone to R-3 is the most consistent zone with the existing RH designation of the General Plan. The proposed change of use and/or rezoning is supported by sound planning principles, and higher density, affordable replacement housing within the City will remain in sufficient supply. The General Plan designation for the project site is RH that allows for multi- family development at a density range of 18-27 dwelling units per acre, a higher 15-8 Meeting Date: 07/08/09 Page 9 density than is typical for a mobilehome park type development. Thus, the proposed change to R-3 zoning is consistent with the City's desire for higher density development in the azea. Any future development will be required to comply with the City's Balanced Communities ("Inclusionazy") Housing Element Policy for affordable housing. As stated in General Plan Policy H5.1, newly constructed residential development projects containing 50 or more units, shall include a minimum of 10% as on-site affordable housing. Since the proposed zoning will allow for multi-family housing consistent with the high density designation of the General Plan, it will provide for more affordable housing units than other types of residential development. Future development of the site will provide housing opportunities to many in the form of affordable rental or ownership units due to the inclusionary policy mentioned above. That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome resident. This finding is not applicable since the project site is currently vacant and no residents live on the site. At the time, under the bankruptcy proceedings, the court did require pazk operator, Jade Bay, to comply with a certain level of relocation assistance, which was accomplished with the court approved stiputations. The applicant has further indicated that previous tenant Jade Bay provided additional assistance above and beyond that required by the court. That the property owner and/or project proponent plan complies with applicable City and State mobile home park conversion and relocation regulations. This finding is not applicable since the site is currently vacant and no residents live on the site. Instead of specifically following the state and local conversion and relocation regulations, the mobilehome pazk was closed following the proceedings of the Federal Bankruptcy Court. At the same time, the majority of the provisions of Chapter 9.40, which requires the development of a relocation plan, were complied with according to the bankruptcy court. That prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure conformance of a detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. The Jade Bay Mobile Lodge that previously operated on the site was closed through federal bankruptcy proceedings. Therefore the requirements "prior to the commencement of any closure' is not applicable under the circumstances. Staff has reviewed other applicable materials outlined in Section 9.40.030(B) of the Chula Vista Municipal Code, which was provided as supplemental information to the Rezone application request. 15-9 Meeting Date: 07/08/09 Page 10 In light of the above, the subject three findings aze not applicable since the bankruptcy court approved relocation. These fmdings concern potential hardship of the rezone on affected mobilehome pazk residents, compliance with all applicable City and State mobile home park conversion and relocation regulations and the requirement that a detailed closure and relocation plan be approved prior to commencement of any closure. The applicant cannot comply with these fmdings as the site is currently vacant and no residents live on the site. Compliance with Chapter 19.80 of Chula Vista Municipal Code The provisions of Chapter 19.80 (which aze based upon the Cummings Initiative) aze not applicable to this rezone request, since MHP is not one of the specific zoning categories listed in 19.80.070. It should also be noted that per Section 4.92 of the Land Use and Transportation Element of the City's General Plan, mobilehome pazks aze listed under the category of the "Medium-High Residential" density category (11-18 dwelling units/acre) which is the same density category as the R-2 zoning designation. The next highest category of "High Residential" density category (18-27 dwelling units/acre) is most consistent with the R-3 zoning category, which is only one residential zoning category higher than the R-2. Thus, even if the Cummings Initiative were to apply to this site (which it does not) the rezone request would be consistent with this provision since MHP is only one zoning category higher than Medium Density Residential (R-2). DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. CURRENT FISCAL YEAR IMPACT: The applicant has paid all costs associated with processing of the proposed rezone. ONGOING FISCAL IMPACT: There will not be any on-going fiscal impacts associated with the rezone because the site is vacant and no project is proposed at this time. Attachments 1 Locator 2 Planning Commnission Resolution 3 Figures 4 Letter to Tenant dated 12/12/06 5 Stipulation by and between Debtor and Park Tenant 6 Chapter 9.40 Chula Vista Municipal Code 7 Section 7.17 of Land Use and Transportation Element of Chula Vista General Plan 8 Meeting Minutes from Planning Commission 9 Ownership Disclosure Form 15-10 ATTACHMENT 1 LOCATOR 15-11 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR APPLI~r SKK Realty, LLC. 701 D Street AD RE S ATTACHMENT 1 D S : SCALE: FILE NUMBER NORTH No Scale PCZ-08-04 15-12 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 15-13 RESOLUTION NO. PCZ-08-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT REZONE PCZ-08-04 FOR 4.35 ACRES LOCATED AT 701 D STREET. WHEREAS, a duly verified application for a Rezone was filed with the City of Chula Vista Planning Department on June 9, 2008, by SKK Realty, LLC ("Applicant"); and WHEREAS, the Applicant requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the MHP (Exclusive Mobilehome Park) Zone to R-3 (Multi Family Residential, Precise Plan) Zone with a "P" Precise Plan Modifying District ("Project"); and WHEREAS, the area of land commonly known as 701 D Street, which is the subj ect matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and which consists of one parcel totaling 4.35-acres located at 701 D Street ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed prof ect for compliance with the California Environmental Quality Act (CEQA) and determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIIt OS-Ol no firrther environmental review or documentation in necessary; and WHEREAS, the Development Services Director set the time and place for a hearing on the Project and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 24, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on June 24, 2009, as set forth in the record of its proceedings and hereby incorporated herein byreference as though set forth in full, made certain findings, and recommended that the City Council approve the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Ordinance adopting Rezone PCZ -08-04, rezoning the Project Site from the MHP (Exclusive Mobilehome Park) Zone to the R--3-P (Multi Family Residential, Precise Plan) Zone with "P" Modifying District and Draft City Council Resolution for Findings for rezoning a site related to the Mobilehome Park Overlay District. 15-14 Planning Commission Resolution - PCZ 08-14 Page 2 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHLTLA VISTA, CALIFORNIA, this 24`" day of June, 2009, by the following vote, to-wit: AYES: Spethman, Moctezurna, Clayton, Vinson NOES: Thompson ABSENT: Tripp, Felber ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director William C. Tripp, Chair Approved as to form by: Bart Miesfeld City Attorney 15-15 ATTACHMENT 3 FIGURES 15-16 R3 ZO~te R3P o~ ~~i ~9L //\\m s Pst ~~ O ~90 ~l 701 D Street; Proposed Zone "R3P" ATTACHMENT 4 LETTER TO TENANT DATED 12/12/06 15-19 DEC ]. ~ 2006 GEr 1 5 2006 7~Teaaut AtESCI~ed aae two ori~csal amts. Plr~e foll3w the .4aar~~= blow ~ elite the ~ym~t Prods: I. Ply rea3 the t a~ .sigu cc~ies. g~ o~ ffls your fsles ~ yao have sigaedthe agee~ent aetom one ori~ai aunt to l3a~ara Bs~°s aZth a sig¢~ed croPY ofynaF fitL to yanr caohslehome. ~ sib copy afyois title MCJST be attached. 3. ~e ~n"Il send amt wiii~ the copy ol'title to the t~taurt ~r appmval 4_ Yan si~aikl he receiving yavr pay~t is i#!uu 10 to 12 days fiam date of 5~g a~ment with the IIt- Singly, ~' gr~ I~ealjotz~ 15-20 ~FF~~ -ro PuRC~AS~ c~.A~nn To: Space No. From: The Kubota Family As you may be aware, the Bankruptcy Ccurt recently approved Jade Bay's Chapter 11 Plan, which provides that the mobile home park will close on April 26, 207. As part of the Plan, you may be allowed a "Mobilehome Value Claim" if you intend to abandon your mobilehome in the park upon vacating. Pursuant to testimony during the plan confirmation hearing, estimates were given that,tenants would receive approximately 15% of their Mobilehome Value claim based 'upon the claim being allowed in the amount of the appraisal commissioned 6y Jade Bay. Your mobilehome was appraised as having an insurance replacement value of Based upon the esfimafe of a 95°/v distribution, the amounf you would receive ~~ under the Plan would be: We are prepared to offer you the full amount of the appraised value of your mobilehome. This offer would require you to agree to vacate the park no later than February 28, 2007 and sign over title to your mobilehome. !t would also require that you sign the following documents: 1. Stipulation for Possession, effective March 1, 2007; 2. Stipulation that Allowed Claim equals the Appraisal; 3. Assignment of Certificate of Title; 4. Release and Waiver of Claims; 5. Assignment of Claim. See the nexf page for the details of this offer. 15-21 Page 2 *What you will receiae under this ofFer* If you accept this offer, ydu will receive $7,264 ($7,764 less $500 holdback to be paid upon vacating the park), less the amount of rent and estimated utilities you would be required to pay through February 28, 2007, upon signing of all documents. You would thereafter be allowed to stay in the park without paying any additional rent until February 28, 2007. -The holdback of $500 would be paid to you when you turn in your keys and vacate the park on or before February 28, 2007. If you vacate prior to February 28, 2007 you would also receive a refund of unearned rent and utilities. If you do not vacate the park in a timely fashion, you will not be entitled to the balance of $50~ holdback acrd maybe subject to court proceedings, additional reef and penalties for failing to timely vacate the park. Compare; Compare this offer to fhe amount you are likely fo receive under the Bankruptcy Plan: Under the Plan. we estimate you would receive: Under this Offer, you would receive: s described above " This offer is open far a Irmited Time only. This Qffer will remaih open until December 19, 2006. If you are interested in 6332.1 Yourwillfthe~ be forwarded astpackagle of document foe yourareview a d5 consideration. Relocation Assistance Is Now p~railable The Kubota Family has retained Mecky Meyers to provide relocation advice and assistance to all tenants. Ms. Meyers will be available to assist you in your effort to locate replacement housing, regardless of whether you accept this offer. Ms. Meyers can be contacted at 213/820-1639. We look forward to hearing from yau, Thank you, The Kubota Family 15-22 ATTACHMENT 5 STIPULATION BY AND BETWEEN DEBTOR AND PARK TENANT 15-23 1 2 ~ s C`3 O 4 5 w a ;.,,~ c`°. q-= >~ _oc,~- - G a 9 10 I1 12 13 14 15 IG l7 78 l9 20 21 22 23 24 25 26 ~ 27 28 RECEIVED L oEC l y Zorg Todd C. Ringstad (State Bar No. 9T. Nanette D. Sanders (State Bar No. 1 RINGSTAD & SANDERS LLP 030 Main Street, 12`h Floor I ne, CA 42614 ]ephone: 949.851.7450 ~_ csimile: 949.851.6926 Insolvency Counsel for 11 Debtor and Debtor-in-Possession, ~ Mobile Lodge, Inc. UNITED STATES BANKRUPTCY CENTRAL DISTRICT OF CALIFORNIA -SANTA DEC .78 ac, 2.~8 2(~6 I In re I CnsE No. SA 06-10581 ES JADE BAY MOBILE LODGE, INC., a Chapter 11 Proceeding California Corporation, STIPULATION BY AND BETWFF•N Debtor and nFRTOR AND PARK TENANT, Debtor-in-Possession. :REGARDING: l~7 Euv,ci.ilMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; {2) ASSIGNMENT OF MOBILEHOME VALUE CLAIM TO KENNETH KUBOTA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IMMEDIATE ISSUANCE OF WRIT OF POSSESSION; AND, (5) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] ' TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// 4398022 - =.3j '=~-~-. j ~. ~cG d7-~ecb OEC P 7 ?!~6 15-24 ~ ~ ~, n_- z~ o~ ~- i This stipulation ("Stipulation's is entered into by and between Jade Bay Mobile Lodge, inc., a California corporation ("Jade Bay" or "Debtor"), the debtor and debtor-in-possession herein, Kenneth Kubota as Claim Assignee, and ("Tenant"), a tenant of the lade Bay Mobile Lodge (the "Pazk"} pursuant to the terms of a month-to-month rental agreement. This Stipulation is based on the following facts and circumstances: A. The Debtor is in the business of operating the Park, which is located at 701 "D" Street in Chula Vista, California. Prior to the commencement of this Chapter 11 case, in the ordinary course of its business, the Park entered into amont-to-month rental agreement with Tenant for the rental of Space No. 3t the Park. Tenant owns the mobilehome located at Space No. B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary Chapter 11 petition on Apri126, 2006 in the United States Bankntptcy Court for the Central District of California (the "Court's. On the petition date, the Debtor served all tenants of the Pazk with a notice that the Park would be closed within one yeaz of the notice, to wit, by Apri126, 2007. C. The Court has confirmed the Debtor's chapter 11 plan, which provides a mechanism by which tenants of the Pazk can abandon their mobilehomes to the Debtor in exchange for a claim against the estate, and thereafter vacate the Pazk premises. D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a "mobilehome value claim" prior to the claims bar date in the amount of $30,546.00. Subsequent to the claims bar date, Golden State Appraisals ("Golden State's performed a valuation of Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 of the Chula Visla Municipal Code, is $4,476.00 (the "Mobilehome Value Claim"). la 11 12 13 14 15 16 17 18 19 20 21 22 E. Subsequent to plan confirmation, the shareholders of the Debtor extended an offer to Tenant whereby they offered to pay Tenant the full value of Tenant's Mobilehome Value Claim, as determined by the appraiser, less certain specified sums as detailed hereinbelow. Tenant has accepted the offer from the shareholders and this stipulation is intended to 23 24 25 26 27 28 439302 2 15=2'5 ~ ~J -~ 1 memorialize the terms and conditions thereof. 2 Now, therefore, the parties hereto do hereby agree and stipulate as follows: 3 . 1. Tenant's Mobilehome Value Claim is hereby amended and allowed in the amount 4 of $4,476.00. The Claims Docket shall be amended to reflect the amendment and allowance of 5 Claim No. 28 in the amount of $4,476.00. 6 2. Tenant hereby assigns al] interest in Claim No. 28 and all other claims or rights 7 Tenant may have in this Chapter 1 ] case to Kermeth Kubota (the "Claim Assignee'. 8 3. Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as of the 9 date of Court approval of this Stipulation. In connection therewith, Tenant has executed all 10 necessary documents to transfer legal 14t1e of the mobilehome to the Debtor, including the 11 Certificate of Title as issued by the State of California, Department of Housing and Community 12 Development, a true and correct copy of which is attached hereto as Exhibit "I" and incorporated 13 by this reference. 14 4. Tenant warrants that there aze no valid liens or encumbrances against the 15 mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens 16 and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 17 against the Debtor by any person or entity regarding his/her transfer of title to the Debtor as 18 provided herein, regazding any claim or interest asserted by any person or entity as to the 19 mobilehome, ownership interests, right to occupy or liens asserted for security. 20 5. Tenant agrees to vacate himsiaf/herself, all other occupants or guests of the 2] premises, and to remove any and a]] personal property from the Park on or before February 28, 22 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all 23 existing insurance coverage on the mobilehome until the date he/she vacates the Park premises. i 24 6. A writ of possession shall issue upon the approval of this Stipulation by the Courl, ZS with a lock out date to occur no earlier than March 1, 2007. 26 7. The rental agreement by and between the Debtor and Tenant, a hue and correct 27 copy ofwhich is attached hereto as Exhibit " 2" and incorporated by this reference, shall be 28 deemed rejected pursuant to ] 1 U.S.C. Section 365, effective as of the date of Court approval of L v~+,I __ C~, eU ~Icc i~ 438802.2 -3- 15-26 this Stipulation. 8. Except for those claims and rights assigned to the Claim Assignee, and effective ylu- 'Jy=,=m =~a i J 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 upon Tenant's receipt of the Settlement Funds as defined in Pazagraph 10 belotiv, Tenant, his/her respective successors and assigns and each of them, and his/her respective officers, directors, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby fully and completely release, remise and waive any all claims, actions, causes of action, liabilities, obligations and other demands, including any relating to the Mobile Home Value Claim as set forth above, whether know or unlatown, suspected or unsuspected, that Tenant may possess against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (includingbut not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbaza Barnes and Betty McCauley), representatives, shazeholders, affiliates (including but not limited to the Sadakichi Sam Kubota Statutory Trust), successors or assigns, on account of, based upon or in any way related to any of the facts and circumstances giving rise to the Mobilehome Value Claim, or any other claims arising out of or related to the operation of the lade Bay Mobile Lodge, the Debtor's Chapter 11 proceeding, the rejection of the rental agreement described above, or the real property located at 701 "D" Street in the City of Chula Vista, San Diego County, Califomia. 9. Waiver of Califomia Civi] Code Section 1542. The Parties hereby expressly waive and relinquish any and all rights and benefits they may otherwise have under or by reason of Section 1542 of the Califomia Civil Code (which provides as set forth below) and/or any other statutes or common law principles of similar' effect. "A genera] release does not extend to claims which the creditor does not lmow or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 10. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, [he Claim Assignee has agreed to pay to Tenant the sum of $3,141.96, representing Tenant's Mobilehome Value Claim in the amount of$4,476.00, less estimated rent and utilities in the amount of $834.04 ($342.02 rent, $75.00 utilities, for hvo ' months -January and February 2007) for Tenant's continued occupancy at the Park from the date hereof through February 28, 2007, less a holdback (the "Ho]dback'~ in the amount of $500.00 (in aavsoa.i _ 4 _ 15-27 `,~ ~ -~` 1 total the °Settlement Funds'. The Settlement Funds will be paid to tenant within five business 2 days following Court approval of this,Stipulation. The Claim Assignee will pay over to the 3 Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holdback. 4 The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant permanently 5 vacates the Park and surrenders his/her keys to the Pazk manager on that date. If Tenant vacates 6 the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent and 7 utilities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant will not be 8 entitled to receipt of the Holdback and maybe subject to additional rent-and penalties for failing 9 to timely vacate the Pazk, and to further court proceedings, either before the Bankruptcy Court, as 10 provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriate under 11 the circumstances in the Debtor's discretion. ti 12 11. Failure to comply with any teen of this Stipulation will be deemed a breach hereof a~ ~ ; `= 13 and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. _ °= 14 12. This Agreement is the final and entire agreement among the Parties concerning the o. __ s- -~ 15 ~ subject matter of this Agreement. All agreements of the Parties with respect to the subject matter m ~ I ` ~ 16 hereof are in writing and supersede al] prior written and oral agreements and understandings of a 17 the Parties. This Agreement cannot be modified except by a written document signed by the 18 Parties affected by the modification. None of the Parties is relying upon any other negotiations, 19 discussions, representations, warranties (except any warranties by representatives ofparties 20 regazding authority to enter into this agreement), promises or agreements in connection with the 21 subject matter of this Agreement. No supplements or modifications or waivers or terminations of 22 this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully 23 integrated agreement. 24 13. All of the terms and provisions of this Agreement shall be binding upon or shall 25 inure to the benefit of the Parties, their assigns, heirs, trustees, adnainistraiors, executors, estates 26 or successors. 27 ] 4. This Agreement may be executed in any number of counterparts each of which 28 shall be deemed an original, but all of which taken together shall constitute one agreement. An 979802.2 -5- 15-28 .,~ electronic signature or a copy of an original signature transmitted by facsimile shall be as valid as the original signature. ] 5. The Parties do hereby acknowledge and agree that they have been represented by, or have had the opportunity to seek representation by, independent counsel of their own choice throughout all negotiations which preceded the execution ofthis Agreement. 16. Ii is understood and acknowledged that none of the Parties or their agents, has H a~ ~I.- »e - ~Ij~> ao ^`P [ ,- 10 11 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 made any promise, representation, or warranty whatsoever, express or implied, except as expressly set forth herein, to induce the other to execute this Agreement. The Parties acknowledge and agree that they have not executed this Agreement in reliance upon any such promises, representation or warranty not expressly set forth in this Agreement. 17. It is understood and acknowledged that each of the Parties hereto enters this Agreement of his own free wi]1, and no threats, coercion, or duress have been employed to induce any of the Parties hereto to execute this Agreement. 18. The Patties stipulate that the United States Bankuptcy Court for the Central District of California shall continue to have jurisdiction to enforce or declaze rights under this Agreement. If for any reason the United States Bankruptcy Gourt lacks jurisdiction or declines to exercise jurisdiction then the rights under this Agreement may be declazed or enforced by another court of competent jurisdiction located in the State of California. 19. The Parties hereby agree to execute such other documents and to take such other action as may be reasonably necessary to further the purpose of this Agreement with the Parties beaz their own respective costs and attorneys= fees for these additional actions. 20. Any person executing this Agreement on behalf of any party does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Agreement on behalf of, and to fully bind, such party. 21. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to se]], assign or transfer, and shall not hereafter sell, assign-or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, 479A022 -6- 15-29 ~`` ~:ae xJyE~ rolQes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 actions, or causes of action released pursuant to this Agreement. The Parties else agree to defend, indemnify and bold one another harmless against any obligation, liability, demand, claim, cost, expense (including but not lit;uted to attorneys' fees incw~red), debt, controversy, damage, action or cause of action based on, arising out of or in coaaectien with any such sale, transfer or assignment ar purported sale, transferor assignment. DATED: Deeember~ 2446 DATED: December 2006 AAT&D: Dcccmber Z~o 2006 Kenneth Kubota, C]atmAssignee RINGSTAD & SAND LLP By: General Insolvency Counsel fo~tar~- in-Possession, JADE BAY MOBILE LODGP, INC. ORAER The Stipulation is granted in its entirety. TT IS SO ORDERED. ~ ~ ~~~~3 DATED: DEC t 7 ~ /~t"r,.+,*(-*_~ J.•IONORABLE ERITHE A. SMITH i PRESI;NTBD BY: RINGSTAD & SANDERS LLP By: d~ General Insolvency Counsel for eb oil' ~ and Debtor-iri-Possession, JADE BAY MOBILE LODGE, INC. 479802.2 -7- 15-30 Todd C. Ringstad (S`~ate Bar No. 97345) Nanette D. Sanders (State BarNo. 120169) RINGSTAD & SANDERS LLP 2030 Maio Street, 12~ Floor Irvine, CA 92614 Telephone: 949.851.7450 Facsimile: 949.851.6926 gr ~~F eU~ ~ °e a .°.i 6 7 8 9 10 11 12 13 14 is 16 17 18 19 2a Z1 22 23 24 25 26 27 zs General Insolvency Counsel fnr Chapter 11 Debtor and Debtor-in-Possession, Jade Bay Mobile Lodge, Lnc. UNITED STATES $ANKRUPTCY COURT CENTRAL I31STRICT OF CALIFORNIA -SANTA ANA BIVISION In re JADE BAY MOBILE LODGE, INC., a Calnfornna Carlaoration, Debtor and Debtor-in-Possession. CASENo. SA 06-10581 ES Chapter 11 Proceeding STBULATION BY AND BETWEEN DEBTOR AND PARK TENANT, BARBARA NUNNELEE, REGARDING: (1) AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; (2) ASSIGNMENT OF MOBILEHOME VALUE CLAIlVI TO I~NNETH KUBOTA; (3) TRANSFER OF MOBII.EHOME TO DEBTOR, ASSIGNMENT AND INDEI~INIFTCATION REGARDING (4 EARLY TERNIINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IlVIlVIT;DIATE ISSUANCE OF wRTT OF POSSESSION; AND, (ORDRER THEREO~~S~ [No Hearing Required] TO THE HONORABLE ~`RTT'HE A. SMTTH, IINTI'ED STATES BANI~2UPTC1' DODGE, AND ALL PARTIES IN 7NTF•RFST: I /// 15-31 1 This stipulatoa ("Stipulation") is entered into by and between Iade Bay MobIIe Lodge, 2 Lzc., a CaLfornia carpora*don ("Jade Bay" or "Debtor"}, the debtor and debtor-in-possession 3 herein, Kenneth Kubota as Claim Assignee, and Barbaza Nunnelee ("Tenant"), a tenant of the 4 Jade Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-month rental agreement. 5 This Stipulation is based on the following facts and circamstances: 6 A. The Debtor is in the business of operating the Park, which is located at 701 "D" 7 Street in Chula Vista, California. Prior to the commencement of th? s Chapter 11 case, in the 8 ordinary course of its business, the Park erttered into a nanth-to-month renal agreement wit'r 9 Tena~ for the rental of Space No. 8-19 at the Park. Tenant owns the mobilehome located at IO Space No. B-19. 11 B. The Debtor commenced this banla uptcy proceeding by the filing of a voluntary ~ I2 Chapter 11 petition on Apri126, 2006 in the United States Bankruptcy Court for the Central ~ ~ 13 District of California (the "Court"). On the petition date, the Debtor served all tenants of the Park '- 14 with a notice that the Pazk would be closed within one year of the notice, to wit, by April 26, ~ a ~~m ~ -`°°` 15 2007. *' a= a4 ~ cP 16 C, The Court has confirmed the Debtor's chapter 11 plan, which provides a ., 17 mechanism by which tenants of the Park can abandon their mobilehomes to the Debtor in 18 exchange for a claim against the estate, and thereafter vacate the Park premises. 19 D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a 20 "mobileheme value claim" prior to,the claims bar date in the amount of $40,000.00, Subsequent Z 1 to the claims bar date, Golden State Appraisals ("Golden State"} performed a valuation of 22 Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based 23 upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 ofthe Chula 24 Vista Municipal Code, is $7,764.00 (the "Mobilehome Value Claim"). ZS E. Subsequent to plan confirmation, the shareholders of the Bebtor extended an offer 26 to Tenant whereby they offered to p ay Tenant the full value of Tenant's Mobitehome Value - 27 Claim, as determined by the appraiser, Iess certain specified sums as detailed hereinbelow. _ 28 Tenant has accepted the offer from the shareholders and this stipulation is intended to 15-32 memoralize the terms and conditions theawf. Now, therefore, the parties hereto do hereby agree and stipulate as fo8lows: 2 1. Tenant's Mobilehome Value Claim is hereby amended and allowed in the amount 3 of $7,764.00. The Claims Docket shall be amended to rerlect the amendment and aLowance of Claim No. 46 in the amount of $7,764.00. ~2. Tenant hereby assigns all interest in Claim No. 46 and all other claims or rights Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Claim A"ssignee"). 7 Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as of the z~ eU~ ~ ~° m~ date of Coiu-t approval of this Stipulation. In connection therewith, Tenant has executed all necessary documents to transfer legal title of the mobilehome to the Debtor, including the Certificate of Title as issued by the State of California, Department of Housing and Community Development, a true and correct copy of which is attached hereto as Exhibit "1" and incorporated by this reference. 4. Tenant warrants that there are no valid liens or encumbrances against the mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 9 10 I1 12 13 14 15 16 against the Debtor by any person or entity regarding hislher transfer of title to the Debtor as provided herein, regarding any claim or interest asserted by any person or entity as to the mobilehome, ownership interests, right to occupy or liens asserted for security. 5. Tenant agrees to vacate himself/herself, all other occupants or guests of the premises, and to remove any and all personal property from the Fazk on or before February 28, 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all existing insurance coverage on the mobilehome until the date he/she vacates the Pazk premises. 6. A writ of possession shall issue upon the approval of this Stipulation by the Court, 17 Ix 19 20 21 22 23 24 with a lock out date to occur no earlier than March 1, 2007. 7. The rental agreement by and between the Debtor and Tenant, a true and con-ect copy of which is attached hereto as Exhibit " 2" and incorporated by this reference, shall be ~ - deemed rejected pursuant to 11 U.S.C. Section 365, effective as of the date of Court approval of 25 26 27 28 15-33 this Stipulation. 2 10 11 L? 12 nI~_ a~ a ~~ ctja ~ I o c n do o ~ 13 14 15 16 8. Except for those claims and rights assigned to the Claim Assignee, and effective upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Tenant, his/her respective successors and assigns and each of them, and his/her respective officers, directors, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby fully and completely release, remise and waive any all claims, actions, causes of action, liabilities, obligations and other demands, including any relating to the Mobile Home Value Claim as set forth above, whether know or unlmown, suspected or unsuspected, that Tenant may possess - - ~ , against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (mcluding but not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbara Barnes and Betty McCauley), representatives, shareholders, affiliates (including but not limited to the Sadakichi am Kubota Statutory Trust), successors or assigns, on account of, based upon or in any way related to any of the facts and circumstances giving rise to the Mobilehome Value Claim, or any other claims arising out of or elated to the operation of the Jade Bay Mobile Lodg , tfie Debtor's Chapter 11 proceeding, the rejection of the rental agreement described above, o the real property located at 701 "D" Street in the City of Chula Vi San Diego County, California. 17 9. Waiver of California Civil Code ecxion 1542 The Parties hereby expressly --~. 18 waive and relinquish any and all rights and benefits they may otherwise have under or by reason 19 of Section 1542 of the California Civil Code (which provides as set forth below) and/or any other 20 statutes or common law principles of similar. eff ct. 21 "A eneral release does not extend ~ s which the creditor does not know or suspect to exist in his avor at the tune of ~ e, which if lozown by him must have 22 ma en y ect ~s settlement with the debtor." 23 I0. In exchange for the above consideration from Tenant, including the releases 24 speed in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of ZS $6,379.96, representing Tenant's Mobilefiome Value Claim in the amount of $7,764.00, less 26 estimated rent and utilities in the amount of $884.04 ($342.02 rent, $100.00 utilities, for two 27 months -January and February 2007), for Tenant's continued occupancy at the Park from the 28 15-34 date hereoftnrou¢h Febmarv 28. 2007 1Pec a hntAhaclr (rho °`FTntAharir"1 in the amremt of f N~ ~on ~U °` ~ a" ~ 05 Z 7 8 9 10 11 12 13 14 15 16 17 18 13 20 Z1 22 23 24 25 26 27 28 $500.00 (m total the "Settlement Funds"). The Set'ement Funds will be paid to tenant within eve business days following Court approval of this Stipulation. The Claim Assignee will pay over to the Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holdback. The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant permanenLy vacates the Park and surrenders his/her keys to the Park manager on that date. Lf Tenant vacates the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent and titdities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant will mot be entitled to receipt of the Holdback and may be subject to additional rent and genahies for failing to timely vacate the Park, and to further court proceedings, either before the Bankruptcy Court, as provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriate under the circumstances in the Debtor's discretion. 11. Failure to comply with any term of this Stipulation will be deemed a breach hereof and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. 12. This Agreement is the final and entire agreement among the Parties concerning the subject matter of this A~eeme~. All agreements of the Parties with respect to the subject matter hereof are in writing and supersede all prior written and oral agreements and understandings of the Parties. This Agreement cannot be modified except by a written document signed by the Parties affected by the modification. None of the Parties is relying upon any other negotiations, ', discussions, representations, warranties (except any warranties by represernatives of parties regarding authority to enter into this a~eement), promises or agreements in connection with the subject matter of this Agreement. No supplements or modifications or waivers or terminations of this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully integrated agreement. 13. All of the terms and provisions of this Agreement shall be binding upon or shall inure to the benefit of the Parties, their assigns, heirs, trustees, administrators, executors, estates . or successors. 14. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. An 15-35 i + e or a ca of an on ~ signature transmitted by facsi_mite shall be as valid as 1 erecsonic sigaatur py ~ 2 the original signature. 3 15. The Parties do hereby acknowledge and agree that they have been represented by, 4 or have had the opportunity to seek representation by, independent counsel of their own choice 5 throughout all negotiations which preceded the execution of this Agreement_ 6 i 6. It is understood and acknowledged that none of the Parties or their agents, has 7 made any promise, representation, or warranty whatsoever, express br implied, except as 8 expressly set forth herein, to induce the other to execute this Agreement. The Parties 9 acknowledge and agree that they have not executed this Agreement in reliance upon any such 10 promises, representation or warranty not expressly set forth in this Agreement. i 1 17. It is understood and aclarawledged that each of the Parties hereto enters this i2 Agreement of his own free wi1i, and no threats, coercion, or duress have been employed to induce ~ ~ ~ 13 any of the Parties hereto to execute this Agreement. ~ = rp Court for the Central ~ I nP"' 14 18. The Par`~ies st elate that the United States Banlffuptcy >~a ~~^ ~Jm~m °°= 15 -istrict of California shall continue to have jurisdiction to enforce or declare rights under this +~ o ~° ` 16 Agreement. If for any reason the United States Bankruptcy Court lacks jurisdiction or declines to 17 exerese jurisdiction then the rights under this Agreement may be declared or enforced by another 18 court of competent jurisdiction located in the State of California. 19 19. The Parties hereby agree to execute such other documents and to take such other ZO action as may be reasonably necessary to further the purpose of this Agreement with the Parties tc 21 bear their own respective costs and attorneys= fees for these additional actions. 22 20. Any person executing this Agreement on behalf of any party does hereby 23 personally represent and warrant to the other Parties that fie or she has the authority fo execute 24 this Agreement on behalf of, and to fully bind, such party. 25 21: T'he Panes represent and warrant that they have not sold, assigned or transferred, . 26 or purported to sell, assign or transfer, and shall. not hereafter sell, assign or transfer, any 15-36 27 nhli~aiions. liabilities, demands, claims, costs, expenses, debts, controversies, damages, ruts, actions, or causes of action released pursuant to this Agreement. The Parties also agree to defend, 6I 7 8 9 10 11 ~ 12 ~ 13 ,;s« 14 jd`°= 15 ~~p 2 0 ~ 16 i 17 18 19 20 21 22 23 24 25 26 indemniry and hold one another harmless against any obligation, liability, demand, claim, cost, expense (including but not limited to attorneys' fees incurred), debt, controversy, damage, action or cause of action based on, arising out of or in connection with any such sate, transfer ar assignmen or purported sale, transfer or assignment. • DATED: December ~ 2006 Aprlr~.~ '-~2 Bazbara Nunnelee [Tenant] DATID: December _, 2006 DATED: December _, 2006 Kenneth Kubota, ClaimAssignee RINGSTAB a SANDERS LLP Nanette D. Sanders General Insolvency Counsel for Debtor and Debtor-in-Possession, JADE BAY MOBILE LODGE, INC. ORDER The Stipulation is granted in its entirety. TT IS SO ORDERED. ~ DATED: THE HONORABLE ERITHE A SMITH PRESENTID BY: RINGSTAD & SANDERS LLP BS'- Nanette D. Sanders 15-37 r'.a.,Aral 7ncnh,vnrv ~rnmsel frar Debtor STATE GF GALIFGRNfA-_~1~,_`tIIVIENTTUF t1UU ~~U~ AiVU COyliviu.iviTw" UtVto~~INGt AAC176~ L CR.J lri~.f~.~ ~ - TRADE NAME .____- _ MDOEL DOhI GGT OF$ $PC EIPIRATIG~ MANUFACTURER NAMEl10 GREAT LAKES OG/00/00 60/00/64 A84 08/31/43 GREAT LAKES/ I S+ Rr - SERIAL NUMBER LASEV INSIGNIA NUMSEfl C a06 Oa a406Sa Ooalas gg po C C 03~17l93 37 ~'~~ SSE G4csS10FDZ`(s4934 TDTAL z FEES y FAID : a 5 53.00 6 A NUNNELEE BARBARA A 0 701 - ST SP BI9 o~ CHULA VISTA CA 92010-1223 R S S E - .~pSta .. ...~ .. ar. , e HI I'1JF1 F AAPRA7A A ~~~ .'H _~ ? •'' E ~. G M ..3 a-9. .:.. r Ia 701DSTSPBI9 :,^.=~, ~"~~ S I ~ ^t E L CHULA VISTA ~'e';CA' 92010-1223 R ~~ ~/~ E 11y~AJ/'/Vu D RcL,.AS^~bP REGISTERE^ OWNER o_s 70IDSTSPHI9~~. s I ss r ~ 'J,i E u CHULA VISTAS "~'~ CA 920101.223^ ,, y~". 1 }iM1 k f `` ~ R 5 T<,~1 ~,.,~__i I ~ 4 ~ n ~~ RETENTION CITY ~ek°y .~ NEW 1ST JR. L s.YC' _'-'i ~ ~ I ~ i E~i. a f ~ 1 ~ {+~'i.:~u~:. :~.:. ~ A ~ ~li~ ~:~ i R RELEASE..gOy~ LEGAL OWWER ~J OF ~~ GAL OWNER 1Z J V F N I Z R O 5 R T L I E N 5 E C L O ^ N E ^ R y p.T ASSIGNMENT OF LEGAL O1`~NER ~' X x °~ ~: *~ DT RELEASE OF DEALER _ 3E3E NEW REGISTERE^ OWNER. FZLL IN ITEMS 4 - 9 4.A] AND OR E NAME - PLEASE PRINT a: i> ~ ~6 CURRENT MAILING ADORESG ,pf t rxi v( s I s. CZTV ~~~ CNTY ST ZIP L'?~ 6. "~ ': FUTURE h1AILING A^DREES x°a {''3 r ~ "'~ ~ A".Jc.~'~ ~c y. LOCATION- ADOREES s~ r CITY!y~.. ~... CNTV„_. ST ZIP 1. ~Y x `u;~ 0.5E PRICE ISTERED OW R. FILL IN NAME - PLE DATE - 12 3HE~E CNTY ST ZIP FILL IN ITEMS 13 - 15 *.:~ - PLEASE PRINT ADOREGS 15. gT ZZP CITY CNTY ~M NEW 2ND JR. LI ENHOLDER. FILL IN ITEMS 16 - 18 3Fl~lE 16. NAME - PLEASE PRINT 1T ADDRESS lA. 5T - ZIP CITY CNTY IMPDR~T~4-Nb si al-a71~or This CERTIFICATE DF TITLE MAY N©ToREFTECi" AL'L~ LTHFSnESCRIBED UNIT.TTHE CURRE;ITNT __...._-- .. ~..o n ._ . nnnA41 s:a 1 7 3~i 4 _ 6•' N U W ~ 7` 9 ]0 11 12 13 14 16 I6 17 18 19 20 21 22 23 24 26 26 27 28 P,ECElVED ~ oEC 1 y 2o(;g Todd C. Ringstad (State Bar No. 9734 Nanette D. Sanders (State Bar No. 1201 RINGSTAD & SANDERS LLP 030 Main Street, 12`h Floor I ine, CA 92614 Iephone: 949.851.7460 _ csimile: 949.851.6926 enera] Insolvency Counsel far pter 11 Debtor and Debtor-in-Possession, ay Mobile Lodge, Inc. ---, GR€y: ~; ~a~ ~' ` =~ L- ----~p~--~-- ____ j '..'. _; f~cG ,z7 ~wC I t1FG Z 7 u~. a8 ~-a !~C 2~ Wit; UNITED STATES BANKRUPTCY COI CENTRAL DISTRICT ®F CALIFORNIA -SANTA In re CnsENo. SA 06-10581 ES JADE BAY A40BILE LODGE, INC., a Chapter 11 Proceeding California Corporation,- STIPULATION BY AND BETWE°i' Debtor and DEBTOR AND PARK TENANT, SUAILCO Debtor-in-Possession. FARROW, REGARDING: (1) AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; {2) ASSIGNMENT OF MOBILEHOi~7 VALUE CLAIM TO KENNETH KU5'~TA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TEN: ~i iT AND ALL OTHER OCCUPANTS A:"r":: IMMEDIATE ISSUANCE OF WRIT O>~ POSSESSION; AND, (6) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// a»sn~, 15-39 a~ -Cs; C ~u C. Y S:c U] c ~c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 `J This stipulation ("Stipulation") is entered into by and between Jade Bay Mobile Lodge, Inc., a California corporation ('lade Bay" or "Debtor"), the debtor and debtor-in-possession herein, Kenneth Kubota as Claim Assignee, and Sumiko Farrow ("Tenant"), a tenant of the Jade Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-month rental agreement. This Stipulation is based on the following facts and circumstances: A. The Debtor is in the business of operating the Park, which is located at 701 "D" Street in Chula Vista, California. Prior to the commencement of this Chapter 1 I case, in the ordinary course of its business, the Pazk entered into amonth-to-month rental agreement with Tenant for the rental of Space No. A-1 at the Park. Tenant owns the mobilehome located at Space No. A-l. B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary Chapter 11 petition on April 26, 2006 in the United States Bankruptcy Court for the Central District of California (the "Court"). On the petition date, the Debtor served al( tenants of the Park with a notice that the Park would be closed within one year of the notice, to wit, by April 26, 2007. C. The Court has confirmed the Debtor's chapter 11 plan, which provides a mechanism by which tenants of the Park can abandon their mobilehomes to the Debtor in exchange for a claim against the estate, and thereafter vacate the Park premises. D. A claims bar date of August 18, 2006 was established by the Court. Tenant filed a "mobilehome value claim" prior to the claims bar date in the amount of $30,546.00. Subsequent to the claims bar date, Golden State Appraisals ("Golden Slate") performed a valuation of Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 of the Chula Vista Municipal Code, is $4,476.00 (the "Mobilehome Value Claim"). E. Subsequent to plan confirmation, the shareholders of the Debtor extended an offer to Tenant whereby they offered to pay Tenant the full value of Tenant's Mobilehome Value Claim, as determined by the appraiser, less certain specified stuns as detailed hereinbelow. Tenant has accepted the offer from the shareholders and this stipulation is intended to a3ysoz z -2- 15-40 ~ ~.J } I memorialize the terms and conditions thereof. 2 Now, therefore, the parties hereto do hereby agree and stipulate as tollo~vs: 3 I. Tenant's Mobilehome Value Claim is hereby amended and allowed in the ario..r.: 4 of $4,476.00. The Claims Docket shall be amended to reflect the amendment and allowance e' 5 Claim No. 28 in the amount of $4,476.00. I 6 2. Tenant hereby assigns all interest in Claim No. 28 and all other claims or rig'rr-~, 7 Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Claim Assignee"). 8 3. Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as c:C the 9 date of Court approval of this Stipulation. In connection therewith, Tenant has executed all 10 necessary documents to transfer legal title of the mobilehome to [he Debtor, including the 1 1 Certificate of Title as issued by the State of California, Department of Housing and Community 12 Development, a true and correct copy ofwhich is attached hereto as Exhibit "1"and incorporated - l3 by this reference. - - 14 4. Tenant warrants that there aze no valid liens or encumbrances against the I• `~° 15 mobilehome and that title to the mobilehome is transferred to the Debtor free and clear of all liens s .v ••- 16 and encumbrances. Tenant agrees to indemnify, defend and hold harmless any claims made 17 against the Debtor by any person or entity regarding his/her transfer of title to the Debtor as 18 provided herein, regazding any claim or interest asserted by any person or entity as to the 19 mobilehome, ownership interests, right to occupy or liens asserted for security. 20 5. Tenant ogees to vacate himself/herself, all other occupants or guesu of the 21 premises, and to remove any and all personal property from the Park on or before February 28, 22 2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all 23 existing insurance coverage on the mobilehome until the date he/she vacates the Park premises. 24 6. A writ of possession shall issue upon the approval of this Stipulation by the Court, 25 with a lock out date to occur no earlier than March 1, 2007. 26 7. The rental agreement by and between the Debtor and Tenant, a true and correct 27 copy of which is attached hereto as Exhibit " 2" and incorporated by this reference, shall be 28 deemed rejected pursuant to 11 U.S.C. Section 365, effective as of the date of Court approval of a~eaai.r _ 3 _ L 15-41 this Stioulation. c. ~GLL- ,`-_- ~J :d +, _ ,` ~ o- en o- ,~ ., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Except for those claims and rights assigned to the Claim Assignee, and . ~...::. upon Tenant's receipt of the Settlement Funds as defined in Pazagraph 10 below, "fc,;;,:!., 1_;_;1" ; respective successors and assigns and each of them, and his/her respective officers, direcV~rs, employees, agents, representatives, shareholders, affiliates, successors and assigns, her.'b~, P.~!~~. and completely release, remise and waive any all claims, actions, causes of action, Lehi!:,' :: obligations and other demands, including any relating to the Mobile Home Value CLi-r: _. _. forth above, whether know or unknown, suspected or unsuspected, that Tenant may pc~s ai against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (includin 'out not limited to Star Mobilehome Park Management, Inc., Michael Grillo, Barbaza Barnes a;d ;i ary McCauley), representatives, shareholders, affiliates (including but not limited to the Sadz~•:ichi Sam Kubota Statutory Trust), successors or assigns, on account of, based upon or in any <.. related to any of the facts and circumstances giving rise to the Mobilehome Value Ciairr., or any other claims arising out of or related to the operation of the Jade Bay Mobile Lodge, thz Cebtor's Chapter 1 I proceeding, the rejection of the rental agreement described above, or the real property located at 701 "D" Street in the City of Chula Vista, San Diego County, California. 9. Waiver of California Civil Code Section 1542. The Parties hereby expressly waive and relinquish any and all rights and benefits they may otherwise have under er by reason of Section 1542 of the California Civil Code (which provides as set forth below) and/or any other statutes or common law principles of similar.' effect. "A general release does not extend to claims which the creditor does not know cr suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I0. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant Lhe sum of $3,141.96, representing Tenant's Mobilehome Value Claim in the amount of $4,476.00, Lss estimated rent and utilities in the amount of $834.04 ($342.02 rent, $75.00 utilities, for two months -January and February 2007) for Tenant's continued occupancy at the Park from the date hereof through February 28, 2007, less a holdback (the "Ho]dback") in the amount of $500.00 (in 439S07 4- 15-42 • l total the "Settlement Funds"). The Settlement Funds will be paid to tenant within five busirres_. 2 days following Court approval of this Stipulation. The Claim Assignee will pay over to :::- 3 Debtor the estimated rent and utilities withheld from the Settlement Funds and the Holc'a,:.. 4 The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant perm2-r.°:?ay 5 vacates the Park and surrenders his/her keys to the Pazk manager on that date. If Tenant va_ tes 6 the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent an:'. 7 utilities. If Tenant does not vacate the Park on or before February 28, 2007, Tenant viii ~:o'..e 8 entitled to receipt of the Holdback and maybe subject to additional rent and penalties t'o: fniiing 9 to timely vacate the Pazk, and to further court proceedings, either before the Bankruptcy Co~~rt, as 10 provided by the Debtor's confirmed plan, or before the State courts, as deemed appropriai~ under I 1 the circumstances in the Debtor's discretion. IZ 1 1. Failure to comply with any teen of this Stipulation will be deemed a breac: hereof l3 and shall result in Tenant's forfeiture of the Holdback as defined in paragraph 10 above. _ 14 12. This Agreement is the fina] and entire a~eement among the Parties concerning [he I S subject matter of this Agreement. All agreements of the Parties with respect to the subject matter 16 hereof are in writing and supersede al] prior written and oral agreements and understandings of 17 the Parties. This Agreement cannot be modified except by a written document signed by the 18 Parties affected by the modification. None ofthe Parties is relying upon any other negotiations, 19 discussions, representations, warranties (except any warranties by representatives of parties 20 regarding authority to enter into this agreement), promises or agreements in connection with the 21 subject matter of this Agreement. No supplements or modifications or waivers or terminations of 22 this Agreement shall be binding unless executed in writing by the all of the Parties. This is a fully 23 integrated agreement. 24 13. All of the terms and provisions of this Agreement shall 6e binding upon or shall 26 inure to the benefit of the Parties, their assigns, heirs, trustees, administrators, executors, estates 26 or successors. 27 14.' This Agreement maybe executed in any number of counterparts each ofwhich 23 shall be deemed an original, but all ofwhich taken together shall constitute one agreement. An 439802? _ 6 _ 15-43 N qLL- ~ ~ ~~a .~ - <n c-0 -. - 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g electronic signature or a copy of an original signature transmitted by facsimile shall be as valid as the original signature. 15. The Parties do hereby acknowledge and agree that they have been represented by, or have had [he opportunity to seek representation by, independent counsel of their own choice throughout all negotiations which preceded the execution ofthis Agreement. 16. It is understood and acknowledged that none of the Parties or their agents, has made any promise, representation, or warranty whatsoever, express or implied, except as expressly set forth herein, to induce the other to execute this Agreement. The Parties acknowledge and agree that they have not executed this Agreement in reliance upon any such promises, representation or warranty not expressly set forth in this Agreement. 17. It is understood and acknowledged that each of the Pariies hereto enters this Agreement of his own free will, and no threats, coercion, or duress have been employed to induce any of the Parties hereto to execute [his Agreement. 18. The Parties stipulate that the United States Bankruptcy Court for the Central District of Califomia shall continue to have jurisdiction to enforce or declare rights under this Agreement. If for any reason the United States Bankruptcy Court lacks jurisdiction or declines to exercise jurisdiction then the rights under this Agreement may be declared or enforced by another court of competent jurisdiction located in the State of Califomia. 19. The Parties hereby agree to execute such other documents and to take such other action as may be reasonably necessary to further the purpose ofthis Agreement with the Parties to bear their own respective costs and attorneys= fees for these additional actions. 20. Any person executing this Agreement on behalf of any party does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Agreement on behalf of, and to fully bind, such party. 21. The Parties represent and warrant that they have not sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, a79A(12.2 -6- 15-44 ~ ~. V °c i=: ~ ~a 'cb^. J ~ o J~~' ~ !U~ u - CO _ _ 7 -, actions, or causes of action rzleased pursuant to this Agreement. The Parties also a~ee to ^ e,`° _ . indemnify and hold one another harmless against any obligation, liability, demand; clr.,`.. ; _ ,;; expense (including but not limited to attorneys' fees incin-red), debt, controversy, darn'+_ : _ciia :. or cause of action based on, arising out of or in connection with any such sale, transfr. o- assignment or purported sale, transferor assignment. ~~pp DATED: December J~, 2006 ~- .,,~~~7ir,f tr~~t~ -_. Sum~iko Farro_w.,~[/Tenant] ~ ~ DATED: December 2006 '7~/ilrLtul~(,4~ ®~,1.{!~'~`-' _.____ Kenneth KubY ota, Cl mAssignee DATED: December 2~0 2006 RINGSTAD & SANDS LLP - By. Genera] Insolvency Counsel for Debtor a4`3 uebror- in-Possession, JADE BAY MOBILE LODG=„INC. ORDER The Stipulation is granted in its entirety. /^~ TT IS 50 ORD'EiRED. . v ~i~>~ DATED: IBC t 7 130NORABLE ERITHE A. SMTr" PRESENTED BY: RINGSTAD & SANDERS LLP By: -#a~ett acs ~j~ ~~ ~~~ p General Insolvency Caunscl for77eb oil"' ~ and Dcbtot-in-Possession, JADE BAY MOBILE LODGE, INC. 9 ]0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4J 9A 02.2 -7_ 15-45 OFFER TO PURCHASE CLAIM To: Sumiko Farrow, Space No. A-1 From: The Kubota Family As you may be aware, the Bankruptcy Court recently approved Jade Bay's Chapter 11 Plan, which provides that the mobile home park will close on A.prC ~6, 2007 As part of the Plan, you may be allowed a "Mobilehome Value Claim" if you intend to abandon your mobilehome in the park upon vacating. Pursuant to testimony during the plan confirmation hearing, estimates were given that tenants would receive approximately 15% of their Mobilehome Value claim based u, ~n the claim being allowed in the amount of the appraisal commissioned by Jada Bay. Your mobilehome wasappraised as having an insurance replacement value of.' ~a4,476. Based upon the estimate of a 15% distribution, the amount you would receive under the Plan would be: ~a4,476 x 15% _ $671.40 We are prepared to offer you the full amount of the appraised value of your mobilehome. This offer would require you to agree to vacate the park no later Ulan February 28, 2007 and sign over title to your mobilehome. Ii would also require shat you sign the following documents: 1 Stipulation for Possession, effective March 1, 2007; 2 StipulaCion that Allowed Claim equals the Appraisal; 3 Assignment of Certificate of Title; 4 Release and Waiver of Claims; 5 Assignment of Claim. See the next pane (or the details of this offer. a 15-46 ~~a ._ 1 2 3 4 , _ 5 <v ' w -- 9 10 11 12 13 !4 15 16 17 18 19 20 21 22 23 24 2~ 26 27 28 F~ECElVED ~ DEC ~ 9 ZOUh Todd C. Ringstad (State Bar No. 9734 Nanette D. Sanders {State Bar No. 12016 RINGSTAD & SANDERS LLP 030 Main Street, 12'"Floor I ine, CA 92614 lephone: 949.851.7450 ~,: csimile: 949.851.6926 3 ~~ eneral Insolvency Counsel for pter 11 Debtor and Debtor-in-Possession, ay Mobile Lodge, Inc. UNITED STATES BANKRUPTCY QOl CENTRAL DISTRICT OF CALIFORNIA -SANTA ~R1C,~', ---~, t-: ~-.. } .. _ ~cG d7 .70o(e DEGZ72l~ UEC ~8 r7p II'E'G 2.~8 ~ In re CASE No. SA 06-]0581 ES JADE BAY MOBILE LODGE, INC., a Chapter 11 Proceeding California Corporation,- STIPULATION BY AND BETWEEN Debtor and DEBTOR AND PARK TENANT, SUM1K0 Debtor-in-Possession. FARROW, REGARDING: (1} AMENDMENT AND ALLOWANCE OF TENANT MOBILEHOME VALUE CLAIM; (2) ASSIGNMENT OF MOBTLEHOME VALUE CLAIM TO KENNETH KUBOTA; (3) TRANSFER OF MOBILEHOME TO DEBTOR, ASSIGNMENT AND INDEMNIFICATION REGARDING TITLE; (4) EARLY TERMINATION OF RENTAL AGREEMENT, REMOVAL OF TENANT AND ALL OTHER OCCUPANTS AND IMMEDIATE ISSUANCE OF WRIT OF POSSESSION; AND, (5) RELEASE OF CLAIMS; ORDER THEREON [No Hearing Required] TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE, AND ALL PARTIES IN INTEREST: /// 437802.2 a 15-47 I 2 3 4 S 6 7 s 9 10 II n I. J I . ~ __ ~ 1. ~ - l4 i -- _ 15 c ~ ~ Ifi J ~ 17; 181 19 20 71 22 23 24 25 26 27 2S this Stipulation. S. Except for those c ~ SNIPMENiNO. SHIPMENiGATE PdDhT ~ ~!i~CUve v ~~ 314469 78312 upon Tenant's receipt of the Sett respective successors and assign; employees, agents, representative and completely release, remise a' obligations and other demands, i forth above, whether know or un against lade Bay Mobile Lodge, FR00.1 (COMPANY NAVq I, i ADDRESS 'I - I 3 ~ C~ STATE LP CAGE (REOUIRE01 ~ ~ /7 R _ 6ENi BY: (NAMElOEPL) PHONE "~ ~ kE T 5- ~2_ TO (COMPANY NAMq OHL CANNOT DELIVER TO PA. BOX (J . L.~ 7 AODRE55 vl „DII Rr._ - -I CITY STATE _ LP CODE (RECUIflELI ATTN; (HAME(CEPT.) HONE /~/~t9~y2h-'722 ., his/her rec!ors, 'reby fully .b'.lities, n I`. 35 SeI :less _I~ing but not limited to Star Mobilehome Park Management, [nc., Michael Grillo, Barbara Ba„r,~ .nd Be[ty McCauley), representatives, shareholders, affiliates (including but not limited to the S~dakichi - nv wav KENNETH KUBOTA 1fi-49 ]s 2033 - ROBERT KUBOTA, ETC _ lazy ! ;~, or any CLASS 4 ACCOUNT Q}91CBt70e PH. 714-545-6332 ]-- 3 - ~'] 17330 NEW HOPE ST. STE G OA TE ._e DebtO f'S FOUNTAIN VALLEY, CA 92708 _ PAY TO THE ~ $ 6,379.9.6 ,al property ORO ER OF - Six thousand three hundred seventy nine andD~~C,{~O~3j ~.,.." UNION BANK OF CALIFORNIA >,5 SiB ^~O ressly Awxf Ar[„~, 8999 IDAKS Att., HUNi1NGTOH BucH, U 916!6 / 800 i]B U89 Space B-19 _--~~f~~ ~ ~d 1~n_S.!e-f/{1 - F,, __ by reason MEMO er any other _._.....,~ .,, ..~,,,,,,vu law prmclptes o[ stmuar etfect. "A general release does not extend to claims which the creditor does not hnc,v or suspect to exist in his favor at the time of executing the release, which i f known by t.;.m must have materially affected his settlement with the debtor." 10. In exchange for the above consideration from Tenant, including the releases specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the su;n of 56,379.96, representing Tenant's Mobilehome Value Claim in the amount of $7,764.00, less estimated rent and utilities in the amount of $884.04 ($342.02 rent, $100.00 utilities, for Iwo months -January and February 2007), for Tenant's continued occupancy at the Parr: from the date hereof through February 28, 2007, less a holdback (the "Holdback") in the an;otml of +~aso: 15-484 :J n I G ) JS~. 3 •V~ 1 I cc CD _ r V 1 2 3 4 5 6 7 8 9 lC l2 This Stipulation. 8. Except for those clai `J BHIPYEHT HD. BHIPUEHT DAiE ~~® 314469 7&216 upon Tenant's receipt of the Settlen SEM respective successors and assigns az _ To employees, agents, representatives,: ADD and completely release, remise and ~ cm obligations and other demands, inch An forth above, whether know or unknown, U n 1 1 NEIGHI five DUIREDI I $ s/her 8i 'idly EDUIRE01 ~, ', '-""y'- PHOHE 'set or unsuspected, that Tenant may possess against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including but not KENNETH KUBOTA 2 0 2 3 ~I[y 1618=/8 ]8 ROBERT KUBOTA, ETC lno CtA55 4 ACCOUNT 615 7 0 8 17 01 :ill PH. na-sas~a32 1-3-07 17330 NEWHOPE ST. STE G oA rE FOUNTAIN VALLEY. CA 92708 y FarrorHE I $~ 3,302.96 •any 13 OROEF OF_ Three thousand three hundred two and 96/100--oor~ARe e ~-~.~ btor's l4 -' stGawNx'~u+c UNION BANK OF CALIFORNIA >peny 1 C AOAW AYFNVf i]5 J 8899 An~.wf An., HuNnNCroH BucN. U 91646 800 T]8 1486 16 MEMO S~aCE B-17 _- _ __..-.- _ _ ___-___..~ 17 _. l $ waive ana rcunyursn any arru art ngrus atru ueueuu uiey may uwerwrse nave unuer ur oy reason 19 of Section 1542 of the California Civil Code (which provides as set forth below) andlor any other I 20 statutes or common law principles of similaz effect. 2I "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have 22 materially affected his settlement with the debtor." 23 10. In exchange for the above consideration from Tenant, including the releases 24 specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of II i 26 X3,302.96, representing Tenant's Mobilehome Value Claim in the amount ot$4,687.00, less 26 estimated rent and utilities in the amount of $784.04 ($342.02 rent, $50.00 utilities, for tyro I~ 27 months -January and February 2007) for Tenant's continued occupancy at the Park fiom the date 78 hereof through February 28, 2007, less a holdback (the "Holdback") in the amount o(SSOU.OU (:n i I 7)980:.: _ 4 15-49 [Tenant]' ~ 5 /~ 6 DATED: December ~. 2006 ~/V1Zfit~a J.!n ',lL'(.~ L70 SHIPY6YT N0. SHIPMEHi DATE WEIGHr ~ ] ~ ~ ~ 314469 78916 .laim I specified in Pazagraphs 3 and 4 above, the Claim Assignee shall pay to Tenant the sum of 2 $8,463.00, representing Tenant's allowed Mobiiehome Value Claim pursuant to the terms of this 3 Stipulation, within five (5) days of Couri approval of this Stipulation. 4 DATED: December ~, 2006 ` ~ ~d, ~„, ~~, `~I= J - _ ~, =u: a~ o 8 DATED: December 9 10 12 13 14 FflOM (COMPANY NAMq - D ADDRESS _ CITY STATE LP LADE (REOUIRE0) z SENr BY: (NAME/DEPT.) PHONE ' U -Co3 Z TO (COMPANY NAUq OHL CANNOT DELIVENT F.O. EIO% fit„ ~- OZO F2ED171-h ADDRESS 5 SH D CITY STATE LP CODE (REOUIflE0) ATTH: INANE/DEPTJ PHONE P rsel for 2Yebtor and EDGE, INC. 15 The Stipulation is granted in its entirety. 16 IT IS SO ORDERED. lei ~)~~ 17 DATED: ~' S ~ ~i (/~f~ 1 g THE ONORABLE ERITHE A. SMITH 19 20 KENNETH KUBOTA ROBERT KUBOTA, ETC 1i~ ~ Z 0 3 0 CLASS 4 ACCOUNT 21 PH. 7lasas-s3sz mStOfit36a 17330 NEWHOPE ST. STE G DA rE 1-3-07 FOUNTAIN VALLEY, CA 92708 - 72 PAY TD THE OADEADF _ ~ $ 8,463.00 ~3 Eight thousand four hundred s; xtv rhrao a ny .,~pq~A ~ d:......:' 24 UNION BANK OF CALIFORNIA srB~ ,~5 AOAW AveNUt Y]5 G 8899 AnA.KS AYE., HuNnHClon Bucn, U 9166 - 900 778 ~~eb 26 Space C-11 ^P MEMO __ _ _ _ _ _ ____ 77 - zs a79801a -4- 15-50 I ?' 3 4 6' 7 8 9 l0 11 12 l3 to 15 lb 17 18 19 20 21 22 23 24 25 26 77 2g this Stipulation. 8. Except for those cla upon Tenant's receipt of the Settler respective successors and assigns a employees, agents, representatives, and completely release, remise and' obligations and other demands, incl forth above whether know or unkn _~ ~~ SHIPMENT NG. SHIPVEM GATE 'MEIG~1' ~~,,,~~ 314469 75114 FROM (COMPANY NANq -I < o wDRESS Sr ~, I STATE CITY 21P CODE IAEON/Pc ' ' ''11II // ` f'il~ ~ Y 2 F SENT 9Y: MAMEIDEPL) PHONE <~~ - 3 z i TO (COMPANY NAMq OHl CANHOT UELIVEA TO PO. ECX ANN MATHF i AOORESS ! S ~--0 CITY STATE 'la="' A 7 - Z _/ 2 / Z ._ ATTN: INAUFJDEPT.1 / p PHONE /-~/q _ ` 0 J`g~' 022 :~CJ~ l l ri; ~. tirCtlVe .. .S`l1CC C.'.. C, 'o fully z',i:.~s, -.S SCI ,~ess aeainst Jade Bav Mobile Lodge, Inc„ its officers, directors, employees, agents (includ.n_ but not I KENNETH KUBOTA }etty ' ROBERT KUBOTA, ETC ~6- "9 u 2032 - - CLASS 4 ACCOUNT ~ m91091]a _ IChI T PH. 714545-fi332 17330 NEWHOPE ST. STE G Da 7E 1-3-07 FOUNTAIN VALLEY, CA 92708 s a7. PAY TOTNf _ I $ 8 665.96 _ OAOEA OF , .r any r Ei4ht thousand `six hundred s ixty five anr3 9F/Db9.gAS ~ ~=-,- :btUr'S ~ UNION BANK OF CALIFORNIA stHN~~ ApAM1 AYFNVI i]5 G b C 9899 AoiA6 An., HUNTNCTON 9GCX, U 9]6A6 .OPe Cty J 900 389 H96 MEMO Soace C-17 _ ___ ___ __ _ --~" 1 _ I Y waive and relinquish any and all rights and benefits [hey may otherwise have under or by rezson of Section 1 S42 of the California Civil Code (which provides as set forth below) artd/or any other statutes or common law principles of similar effect. "A general release does not extend to claims which the creditor does nol know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I0. In exchange for the above consideration from Tenant, including the releases specified.in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of $8,665.96, representing Tenant's Mobilehome Value Claim in [he amount of $10,000.00, less estimated rent and utilities in the amount oC$834.04 ($342.02 rent, $75.OU utilities, for two months - ]anuary and February 2007) for Tenant's continued occupancy at the Park fTOm the date hereof through February 28, 2007, Tess a holdback (the "Holdback") in the amount oft"$SOO.UO (in s 3 y80?.: -4- 15-51 this Stipulation. 3 4 6 7 8 9 10 ll 8. Except for those claims and rights assigned to d~c Ciaim Assignee, and e;n;l.; upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Tenant, hisi;:~r respective successors and assigns and each of them, and his/her respective officers, director, employees, agents, representatives, shareholders, affiliates, successors and assigns, hereby nt1! . and completely rciease, remise and waive any a]I claims, actions, causes of action, liabiliti- obligations and other demands, including any relating to the Mobile Home Value Claim as ;e. forth about, whether know or unknown, suspected or unsuspected, that Tenant may possess against Jadc Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including bu: r r. _ limited to Star Mobilehome Park Management, (nc., Michael Grillo, Barbara Bames and Barr McCauley), representatives, shareholders, affiliates (including but not limited to rVIR e,a,kichi KCNNETN KUBOTA ~ ROBERT KU30TA, ETC - C1A99 d ACCOUHi PFi. 714-Say-8732 ' 1 17330 NEWHOPE aT. SfE G FOUNTAIN'VALLEY, CA 92708 ' ] am ro rwE oROEA VF _ ts-4s s 2 0 4 2 7~ ¢vtdtaa 04 rF 1~_L $:8,515.06 ]~ Eight thousand five hundred fifteen and 06/10~,uaRS ~ =-~~ 1', UNION 6.ANK OF CALIFORNIA stox+ Gc Mw41 AMNY1 115 I £ 0899 Aown Ave., Fwrmwaro,+ Bt+cn, U 926x6 eoo :ea use ereMO Space C-3 t ~ - ---- ------ - ---°. ~ ...~.....u, V~1 VLI. vay i er a.-. a ebto's ~ rvpenv :~ I :asoc i i ~ Gtn2r I ~l "A general release does not extend to claims which the creditor do e.¢ not know or suspect `~ to exist in }u's favor a[ the time of executing the release, which if known by him must ha:• materially affected his settlement with the debtor." 23 ! 0. In exchange for the above consideration from Tenant, including the releases 24 specified in Para graph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant the sum of 25 58,515.06, representing Tenant's Mobilehome Value Claim in the ~6 amount of 510,000.00, less estimated rent and utilities in the amount of $984.04 ($342.02 rent, 5150.00 utilities, for two 77 months -,lama ry and February 2007) for Tenant's continued occupancy at the Park from the date 28 hereGfthrou n Februar ~ ~ g y _8, _007, less a holdback (the "Holdback's in the amount of 5500.00 (in ,~saoz z 4 15-52 y 2 3 4 5 6 7 8 9 :~ ~~ ~liv/Ls obligation, ]iahilities, demands, claims, eosts, expe9]ses, debts, comruversies, damages, rights, actiorss, ar causes of action retcascd pursuam to this A8'eemcrrt. 7hc Parties also agrc to defend, inder>a]ify and hold one another harmless against any obligstion, liability, dtmand, claim, cost, oc~enae (including bul not limited to aitomays' fees insured), debt, comzoversy, damage, action or cause of action based on, arising out of or in connection with any such sale, 4ansfer or assignment or purported sale, o-a]]sfer or assignmem. AATID: December ~, 2006 Y ~~-~~ ~ William Sapp ~I'maatl DATE7J: Dccembc ,~, 2006 SHIPMENT NO SHIPMENT GATE WEIGHT 308736 -44513 FROM (COMPAN Y N A ME) - Y ~ ~ `C Q, 1J c.~ i00RES5 s~ S CITY STATE ZIP GOOF IREOUIREG) w0 V ~ SENT RY INAME/OEPT,I PHONE TO (COMPANY NAME) .: _. CAI:~iJT O 'F;.rvl i•P '^.:: li~•. ~ S RESS p Gc ~v~o~ V is TATE ZIP COOE IREOpIREO) l U gTTw (NAME/OEPT.) PHONE Wm~-~Iw SA bl 46-1-83Fsy :)~ 20 21 22 23 24 25 26 27 ap TT?S SO O TiRTID• DATED, PRESEN'i KENNETH KUBOTA RINGST~ ROBERT KUBOTA, ETC CLASS 4 ACCOUNT PH 714.545-6332 iUiam Sapp (Ten ~ ~~rtc~ ~~YK'c'~'t-ems Kcnneth Kubota, CSaimAssignce RINGSTAD & SA24D LLP By. r~rkt~ $ -General lnsalvency Counsel f07Adxo[ as cbtor- w in-Possession, 7ADP BAY MOBILE 1ADGE, INC. p~ I OADER n]rry THE HONORABLE ERITHB A SMITH ^U^•~SSt 17330 NEWHOPE ST. STE G By. 1~+4 - FOUNTAIN VALLEY, CA 92708 ~~ ~j PAY r0 THE W_ - OROER OF._ - z Ifi-19 7: 2 ~ ~ 1 Iz~o rGb10fi 1761 12-22-06 OA iE ~_- __.__ -...__.. __~ $ 8,615.°6 8IId Dei7t0 3~kHPB.~ Eight thousand six hundred fifteen and__96/l00 Go~tARS ~ '--`~' UNION BANK OF CALIFORNIA sie~NwNc AOAW AvWUt /75 8999 Aoww An., IluenHmoN 9twcn. G 9]bAb 900 ]]9 U06 ~~t%~. m• MEMO _.._ S D a C e_ _ A=2 7__.__.._.. 15-53 ATTACHMENT 6 CHAPTER 9.40 CHULA VISTA MUNICIPAL CODE 15-54 Chula Vista Municipal Code Chapter 936 DISCHARGING WEAPONS* Sections: 9.36.010 Prohibited generally. 9.36.020 Exception. • For statutory provisions concerning control of con- cealedweapons, see Pen. Code § 12000, et seq. 9.36.010 Prohibited generally. It is unlawful for any person to shoot or dis- charge any gun or firearm, when the same is loaded with any shot or bullet, which will be, by such dis- chazge, discharged therefrom, within the corporate limits of the city. (Prior code § 20.16). 9.36.020 Exception. Notwithstanding the general prohibition in CVMC 9.36.010, it shall not be unlawful to shoot or dischazge any gun or fuearm in that portion of the incorporated territory of the city of Chula Vista generally west of the Lower Otay Reservoir described as follows: That portion of said city of Chula Vista ly- ing southerly of a line drawn from the east- ern edge of Wueste Road along the south- ern edge of Otay Lakes Road east to the 480-foot contour line along the western edge of the Lower Otay Reservoir; follow- ing the 480-foot contour line southerly along the western edge of the Lower Otay Reservoir coincident with the southerly edge of the Chula Vista city limits; from there west to the eastern edge of Wueste Road and northerly again to the point of or- igin along the eastern edge of Wueste Road. Such shooting or discharge shall only be lawful for patrons of the city of San Diego's Water Fowl Hunting Program, for the purposes of seasonal duck hunting (between October and January of each yeaz, as specified in that program). (Ord. 2370 § 1, 1990). 9.40.010 1X. Mobilehome Park Residence Protection Chapter 9.40 HOUSING ASSISTANCE Sections: 9.40.010 Mobilehome pazk and trailer park conversions -Purpose and intent. 9.40.020 Definitions. 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. 9.40.010 Mobilehome park and trailer park conversions -Purpose and intent. It is the purpose of the city council in accordance with the provisions of Sections 65863.7 and 66427.4 of the Government Code of the state to mitigate any adverse impact of the conversion of mobilehome and trailer pazks to other uses or the discontinuance of use of mobilehome or trailer parks on the ability of displaced mobilehome or trailer owner/occupants to find adequate spaces in other such pazks. It is the intent of the council to impose upon pazk owners choosing to convert or discontinue their mobilehome or trailer pazk oper- ations, whether located in exclusive mobilehome pazk zones or in other commercial or residential zones, the obligation to provide financial assistance or some satisfactory alternative thereto for those mobIlehome or trailer owner/occupants who would be dislocated by the decision to convert such mobilehome or trailer parks to uses other than that designated in the zone, or than that to which they have been utilized, or to discontinue use. It is the intent of this chapter to carry out and supplement the requirements of the state law in regard to noti- fication and to establish relocation assistance pro- grams for low- and moderate-income mobilehome or trailer owner/occupants placed in the position of being dislocated as a result of either conversion of mobIlehome pazks to other uses or discontinuance of use. This section does not apply to mobilehome or trailer owner/occupants who move into mobile- home or trailer pazks where the pazk owner has pro- vided said mobilehome or trailer owner/occupant with written notification at the time they move in of intention to discontinue the mobilehome or trailer pazk on a specific date within three yeazs of that written notification. (Ord. 2299 § 1, 1989; Ord. 1982 § 1, 1982). 9-43 15-55 9.40.020 9.40.020 Definitions. A. "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobilehome" includes a manufactured home, as defined in Sec- tion 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a rec- reational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code. B. "Mobilehome pazk" is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobIlehomes used for human habitation, and where the predominant number of sites aze occupied for nine or more con- secutive months. C. "Trailer," for the purpose of this chapter only, is a structure designed for human habitation and for being moved on a street or highway without need for a permit pursuant to Section 35790 of the California Vehicle Code. "Trailer," for the purpose of this chapter only, does not include the following recreational vehicles as defined in Section 799.24 of the California Civil Code: motor homes, slide-in campers, truck campers, and camping trailers. "Trailer," for the purpose of this chapter only, does include the following recreational vehicles, as defined in Section 799.24 of the California Civil Code: travel trailers. D. "Trailer pazk," for the purpose of this chap- teronly, is an azea of land where two or more trailer sites aze rented, or held out for rent, to accommo- date trailers used for human habitation, and where the predominant number of sites are occupied for nine or more consecutive months. E. "Mobilehome or trailer owner/occupants" are persons owning and occupying a mobilehome or trailer as their principal residence for six months or more during a year. (Ord. 2368 § 1, 1990; Ord. 2299 § 1, 1989). 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinu- ance. Prior to the approval of any rezoning, subdi- vision map, or the issuance of any permit, including a building pernut, which would allow the use of any properties presently or hereinafter uti- lized for mobilehome or trailer pazks to be used for any purpose other than a mobilehome or trailer pazk, or prior to the cessation of use of all or any part of a mobilehome or trailer pazk, an application to convert from such use or to discontinue must be filed with the community development depart- ment. The requirements of this section shall be applicable whether or not the mobilehome or trailer pazk is: 1. Located within an exclusive mobilehome pazk zone; 2. Located within a zone subject to condi- tionaluse permit; or 3. Entitled to be used as a mobilehome or trailer pazk based on nonconforming rights. B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer pazk. I. A relocation plan which shall make ade- quate provision for the relocation of the mobile- home or trailer ownedoccupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer pazk; 2. A profile of the existing pazk, including: a. Number of spaces, b. Names and addresses of all mobile- home or trailer owner/occupants, c. Date of manufacture of each home, d. Replacement value of each home, e. Estimated cost of relocation of each home, f. Length of tenancy of each mobilehome or trailer owner/occupant, g. Estimated income and age of each mobilehome or trailer owner/occupant; 3. A timetable for vacating the existing pazk; 4. Evidence satisfactory to the community development director that agreements satisfying the relocation assistance requirements of this chap- ter have been offered to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to, the following: a. Written agreements to relocate mobile- homes or trailers owned by low- and moderate- income mobilehome or trailer owner/occupants, b. Assistance for low- and moderate- income mobilehome or trailer owner/occupants in the form of payment by the pazk owner of 75 per- cent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles; 5. Evidence that the pazk owner has informed all mobIlehome or trailer owner/occupants in writ- ing of alternative sites available to them; 6. Evidence that the pazk owner has agreed to purchase those homes of low- and moderate- 9-44 15-56 Chula Vista Municipal Code income mobilehome or trailer owner/occupants which aze determined to be not relocatable due to age and/or condition. Such purchases shall be based on standard insurance replacement criteria; 7. Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property; 8. A narrative summary of planned new use of property to be converted or reason for non-use; 9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobIlehome or trailer owner/occupants a three-year notice to vacate, said notice being pur- suant to Section 798.56(f) of the Civil Code: If such athree-yeaz notice is given, the applicant must assist all low- and moderate-income dis- placed mobilehome or trailer owner/occupants in accordance with the following schedule: If Mobilehome or Trailer Owner/ Portion of Occupant Vacates Expenses Paid Up to a Before End of by Owner Maximum of First year 75% $3,000 Second yeaz 50% $2,000 Third year 25% $1,000 C. Submittal to and Decision of the Community Development Director. All of the above applica- tion information shall be submitted to the commu- nity development duector. The corrmtunity development director shall make his decision in the following manner: 1. If the community development duector detemunes that the application is complete and conforms with all regulations, policies and guide- lines, and that the relocation plan or other commit- ments by the pazk owner mitigate the impact of conversion or discontinuance on the health, safety and general welfaze of persons residing in the mobilehome or trailer pazk, he shall grant the appli- cationfor conversion. 2. If the community development director determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other com- mitments by the pazk owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfaze of persons resid- ing in the mobilehome or trailer pazk, he shall deny the application for conversion. 9.40.030 3. The community development dtrector may establish the date on which the resolution of conversion or discontinuance will become effec- tive. Such date shall not be more than three yeazs from the date of decision of the community devel- opment director, or such eazlier date as the appli- cant has complied with the provisions of an approved relocation plan and submitted evidence thereof to the community development director. 4. In granting or denying the application for conversion or discontinuance of the mobilehome or trailer park, the community development duec- tor shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein. 5. A copy of this written fording of facts shall be filed with the city clerk and the director of planning and building, and shall be mailed to the applicant and to the mobilehome or traIler owner/occupants of the mobilehome or trailer park. 6. The decision of the community develop- ment duector shall be final on the fifteenth day fol- lowing the mailing of the decision to the applicant and the mobilehome or trailer ownerloccupants required in subsection (C)(5) of this section, except when appeal is taken to the city council as provided in subsection (D) of this section. D. Appeal from the Decision from the Commu- nity Development Drector. 1. An appeal from the decision of the com- munity development drector on an application for conversion or discontinuance of a mobilehome or trailer pazk maybe taken to the city council within 15 days following the decision of the community development director. The appeal maybe taken by the applicant, any governmental body or agency, any owner of real property located within the city or any resident of the city. The appeal shall be in writing on a prescribed form and filed with the city clerk. The appeal shall specify wherein there was an error in the decision of the community develop- ment director. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the city council. 2. Upon the filing of the appeal, the commu- nity development director shall set the matter for public hearing before the city council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows: 9-45 15-57 9.40.030 a. By at least one publication in the offi- cial newspaper of the city, not less than 10 days prior to the date of the heazing; b. By mailing notices at least 10 days prior to the date of such hearing to the mobilehome or trailer pazk owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer pazk. 3. Upon the hearing of the appeal, the city council may by resolution affum, reverse or mod- ify in whole or in part any determination of the community development dtrector, subject to the same limitations as aze placed upon the community development director by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein. 4. The decision of the city council shall be fmal unless appealed to a court of competent juris- diction. E. Waiver. The community development direc- tor may recommend to the city council the accep- tance of other mitigating actions by the pazk owner in lieu of the specific provisions herein if extreme economic hazdship would result for the pazk owner, or if other proposed mitigating actions have recommending benefit. F. Notification Requirements. In addition to any notification requirements under the California CivIl Code, the following notification requirements shall apply to any application for conversion or discon- tinuance of mobilehome or trailer park use: 1. A minimum of 10 calendaz days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer pazk of the proposed change. Such notice shall be subject to the prior approval of the community development director. 2. No public heazing required hereunder to consider an application for conversion or discon- tinuance of a mobilehome or trailer pazk use shall be held unless and until the applicant submits to the community development director an affidavit approved as to form by the city attorney declazing that the applicant has given the notice required by this provision. G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or trailer pazks shall be deemed to be a misdemeanor subject to the penalties as established by state law for mis- demeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer pazk where conversion to other uses ar discontinu- ance has been sought or accomplished, and in which violations of the terms and provisions of this chapter have occurred, may seek civil remedies for damages in accordance with the relocation provi- sions contained herein, no later than one yeaz from the date of lease cancellation or eviction from the mobilehome or trailer pazk. (Ord. 2790, 1999; Ord. 2368 § 2, 1990; Ord. 2299 § 1, 1989). 9-46 15-58 ATTACHMENT 7 SECTION 7.17 LAND USE AND TRANSPORTATION ELEMENT CHULA VISTA GENERAL PLAN 15-59 7.17 -Evaluations for Mobilehome Developments: Mobilehome Overlay District As noted in LUT Section 7 1 and in Housine Element Part 1 Section 3.0. maintaining an balance to meet the needs of existine and future residents. In Chula Vista mobilehome developments have historically been a part of that supply and have effectively provided a unique and affordable housine source Housing costs for mobilehome livine aze often lower than mazket rates for other tomes of housing such as comnazable sized rental anartmeats As such. it is not uncommon to find that many of the housino options for mobilehome residents in the event of potential closure of oae or more of these developments. As shown on Fig+~*e 5-18fA1 there aze currently 32 mobilehome developments within the Cit~m a variety of settines raneine from well organized and maintained pazks with exclusive Mobile Home Park (MII~IPl zonine to less formal and often smaller frailer pazks is areas zoned for commercial or other development Within the Urban Core Subazea. several mobilehome developments fall within the Interstate 5 Corridor District where higher density housing and transit-focused mixed uses are envisioned to occur. With increasing housing demands and rising land costs throuehout the reeion. the likelihood for potential closure of some mobilehome developments over time is real. In reco stion of these circumstances and in order to better balance the often unique needs of mobilehome residents with the challenees in locatine suitable replacement housing. it is important that analysis and plannine be undertaken in accordance with the principles of the Housing Element obiectives prior to the City's consideration of any requested change in use and/or rezoning affectine any of the existing mobilehome sites. In order to accomplish this, the Mobilehome Overlay District is established to ensure that the appropriate evaluation and consideration of the affects of potential chances in use and/or urban redevelopment on this unique form of housing from the standpoints of housine opportunity affordability, and As stated in the following Obiective and Policies the Mobilehome Overlay District ensures that the analysis and plannine on the affects of closure on existing mobilehome residents is conducted and that the property owner and/or protect proponent has prepazed and tamed out a plan to address those affects as required by the Municipal Code. 15-60 Obiactive -LUT 34.A Ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments. Policies LUT 34.A.1 Prior to the City's consideration of anv proposed chanee of use and/or rezonine pursuant to Municipal Code Chauter 9.40 of anv mobilehome development LUT 34.A.2 At the time of consideration of anv change of use and/or rezonine of anv of the mobilehome properties noted above. the Citv Council shall review the plan prepazed under Policy 34 A.1, and prior to taking action on said chanee of use and/or rezomne in accordance with the reouirements of Municipal Code Chapter 19 06 and section 19 12 020 shall make the followine findines: • That the proposed chanee of use and/or rezoning will not adversely affect attainment of the City's coal to provide a variety of housine options within the Citv (Housine Element Objective 3) remain in sufficient supply. (Housine Element Obiective 3) • That the property owner and/or project proponent plan does ensure sufficient evaluation and response to the effects of the chanee of use and/or rezonin of the "' existing mobilehome development. (Housing Element Obiective 4} • That the roroposed chanee of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents. (Housing Element Obiective 4) =3 That the property owner and/or pmiect proponent plan complies with applicable Ci and State mobilehome conversion and relocation regulations (Housine Element Obiective 4) • That prior to the commencement of anv closure of the mobilehome development that the property owner{s} will prepare and ensure performance of a detailed closure and relocation plan consistent with the reouirements of CVMC Section 9.40 and applicable State regulations. and to the satisfaction of Directors of Planning and Buildine and Community Development. 15-61 and Building and the Director of Community Development that provides steps and provisions to mitieate anv adverse impacts of the conversion on the affected residents Mobile Home Overlay District I O) N Existing Mobile Home Parks In Overlay Distdct 1 Chula Vista Mobile Home Park 2 Jade Bay Mobile Lodge 3 Bayscene Mobile Home Park 4 Fogerty Brothers Trailer Park 5 Caravan Trailer Park fi Trailer Yilla 7 Terry's Mobile Home Park S Mohawk Trailer Park 9 Terry's Broadway Trailer Park 10 Rose Arbor Mobile Home Park it Cabrillo Mobile Lodge 12 Flamingo Trailer Park 13 Bison Mobile Home Park 14 Sharon's Trailer Park 15 Brentwood Mobile Home Park 16 Mountain View Mobile lodge 17 Georganna Trailer Park 18 Bayside Trailer Park 19 Rancho Bonita Mobile Home Park 20 EI Mlrador Trailer Court 21 Orange Tree Mobile Home Park 22 Continental Country Club 23 Hacienda Mobile Estates 24 Lynwood South Mobile Home Park 25 Farmhouse Trailer Park 26 Granada Mobile Estates 27 Thunderbird Mobile Home Park 28 Fabulous Caliente Mobile Home Park 29 Palm Mobile Estates 30 Palace Gardens Mobile Home Park 31 Don Luls Estates 32 Otay Lakes Lodge \I/~ 'age LIJI-130D ~H„~ ~, ATTACHMENT 8 MEETING MINUTES PLANNING COMMISISON 15-63 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. June 24, 2009 Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: ROLL CALL /MOTIONS TO EXCUSE: Members Present: Clayton, Moctezuma, Vinson, Spethman, Thompson Member Absent: Tripp, Felber MSC (Clayton/Moctezuma) to excuse Cmrs. Tripp and Felber. Motion carried INTRODUCTORY REMARKS: Read into the record by Vice-Chair Clayton ORAL COMMUNICATIONS: No public input. CONSENT AGENDA: PUBLIC HEARING: 1. Public Hearing: PCZ 08-04; Consideration of an application filed by SKK Realth, LLC requesting a rezone from MHP-Exclusive Mobilehome Park to R3 Apartment Residential Zone with a Precise Plan Modifying District. 6:07:54 PM Background: Jeff Steichen reported that this is a request for a rezone to change the existing Mobilehome Park zoning designation to R-3-P, Apartment Residential with a Precise Plan Modifying District, fora 4.35-acre vacant site located at 701 D Street in northwest Chula Vista. The rezone would bring the zoning for the site into conformity with the existing General Plan designation of Residential High (multi-family). The project site was the former Jade Bay Mobile Home Park, established in 1960 at which time the zoning was R-3. On November 28, 1978 the City Council established the MHP Zone and in June 1980 the subject property was changed from R-3 to MHP. Following the conclusion of bankruptcy proceedings, the court exercised its jurisdiction to effect the park closure in 2006. Staff Recommendation: That the Planning Commission adopt Resolution PCZ OS-04 recommending that the City Council adopt the Draft City Council Ordinance and Resolution. 15-64 Planning Commission Minutes -2- June 24, 2009 Commission Discussion: A discussion ensued between Cmr. Thompson and Deputy City Attorney Miller regarding the bankruptcy proceedings and the application of the City's Mobilehome Park Closure Requirements under Chapter 9.4 of the Municipal Code, which outlines criteria requiring a relocation plan far residents of an existing mobilehome park and approval of the plan prior to considering the closure of a park and subsequent rezoning of the property. 6:16:09 PM 6:22:36 PM Cmr. Thompson stated he understands that the P-modifier allows flexibility in addressing the unique characteristics of the property in relationship to its surroundings, but is of the opinion that perhaps instead of the P-modifier designation, the same thing could be accomplished through the Variance process. Jeff Steichen responded that in light of the diversity of existing land uses surrounding the property, staff believes that the application of the P-modifier will allow greater design control over the eventual development of the site to insure compatibility with existing uses surrounding the site. Staff also felt that it was prudent to include the P designation because there are some unique situations i.e. the site is accessed off of two streets and is at the terminus; the P-modifier allows flexibility in addressing other deviations in development standards i.e. height, signage, parking and setbacks. Public Hearing Opened. 6:29:46 PM The following members of the public spoke during public testimony in opposition of the rezone and urged to Commission to vote against it DeanSpooner.6:30:06 PM Barbara Nunnelec 6:36:28 PM Patricia Lopez 6:42:32 PM Theresa Acerro 6:46:11 PM Dolores Dempsey The following members of the public spoke during public testimony in support of the rezone and urged the Commission to vote in support of it: Ed Herrera 6:33:20 PM Lisa Cohen 6:45:01 PM 6:52:33 PM Jeff Chine, representing the applicant stated he understands there are deep emotions surrounding the history of this property as well as complex issues with the Federal Bankruptcy Court over matters of jurisdiction. The issue at hand is what is in the best interest of the citizens of Chula Vista with regard to the zoning designation of this piece of property; the proposed rezoning better implements the General Plan land use designation than its current zoning. SKK Realty is seeking the rezone to make this a productive piece of property that will eventually be developed with a stellar infill project that complies with all City standards; including inclusionary housing. Staff and the City Attorney have done a thorough analysis of the proposal and he would urge the commission to move forward with recommending approval of the rezone. Public Hearing Closed. 7:03:05 PM 15-65 Planning Commission Minutes -3- June 24, 2009 Commission Comments: 7:03:18 PM Cmr. Vinson stated that the conditions leading to the closure of the park through bankruptcy court are not under consideration by the Planning Commission at this time. He further indicated this is a blighted parcel in its current condition and is being used as a dumping site; he is hopeful that a development proposal will come sooner than later providing inclusionary housing, property tax revenue, and construction jobs, therefore, he is supporting the rezone. 7:05:56 PM Cmr. Clayton asked how does an affirmative vote on the rezone affect the resident protection afforded under the City Code to other mobilehome parks in the city. Steve Power responded that this is an independent action on a vacant piece of land; the 9.4 provisions apply to all existing operating and occupied mobilehome parks. David Miller added that unless there is some adjudication by a federal or State court, all City rules and regulation contained in our code would have to be followed. 7:07:34 PM Cmr. Spethman stated he concurs with Cmr. Vinsons' comments and empathizes with the plight of the residents who were displaced because of the bankruptcy proceedings, however, the current conditions of the site don't help anyone and is an eye- sore to the community; the City has to be forward-thinking and create the conditions that will lead to the highest and best development of the site. 7:11:18 PM MSC (Vinson/Spethman) (4-1-0-2) to support including the P modifier. Motion passed with Cmr. Thompson voting against it. 15-66 ATTACHMENT 9 OWNERSHIP DISCLOSURE FORM 15-67 ~~,ir, CIiY OF CHULA V15TA P l a n n i n g & B u i l d i n g D e p a r t m e n t Planning Division ~ Development Processing APPLICATION APP~CNDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. SKK Realty, LLC 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. SKK Realty, LLC 3. If any person' identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. MAY Group, Inc. Tccisrcrr~ i nc 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No X If Yes, briefly describe the nature of the financial interest the official'* may have in this contract. Not Applicable 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No x Yes _ If yes, which Council member? 276 Fourth Avenue Chula Vista ~ '~L ~nia 91910 ~ (619) 691-5101 ~~1 fj ~~ P l a n n i n g CITY OF :HULA VISTA 3isclosure Statement -Page 2 & B u i i d i n g D e p a r t m e n t Planning Division ~ Development Processing APPLICATION APPENDIX B Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No x If Yes, which official"' and what was the nature of item provided? Date: i'L(t~ ~0-I ~D 3 D$ Signature of Contractor/Applica'nt' Marwan A. Younis type name of Contractor/Applicant or Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue ~ Chula Vista ~ JC aJ~®rnia 91910 ~ (619) 691-5101 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT APPLICANT HAS COMPLIED WITH REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN REGARDING AN APPLICATION TO REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE MOBILEHOME PARK) ZONE. WHEREAS, the subject matter of this Resolution is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code. The area of the Zoning Map to be used as the project area, is identified as Exhibit "A," attached hereto; and WHEREAS, an application to amend the Zoning Map was made by SKK Realty, LLC ("Applicant") and filed with the City of Chula Vista Development Services Department on June 9, 2008; and WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street ("Project Site") from the MHP (Exclusive Mobilehome Pazk) Zone to the R- 3-P (Apartment-Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, ("Project"); and WHEREAS, the General Plan requires that prior to rezoning any property within the Mobilehome Overlay District, specific findings must be made to insure that analysis and planning on the affects of closure of existing mobilehome residents has been conducted; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-O1 no further environmental review or documentation is necessary; and WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 6:00 pm on June 24, 2009, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-08-04) and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the city and the notice was mailed to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and 15-70 WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. on July 14, 2009, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby fords that the following fmdings have been made: THAT THE PROPOSED CHANGE IN USE AND/OR REZONING WILL NOT ADVERSELY AFFECT ATTAINMENT OF THE CITY'S GOAL TO PROVIDE A VARIETY OF HOUSING OPTIONS WITHIN THE CITY. The proposed change in use/rezone will not adversely affect the City's housing goals since the project site is cunrently vacant and, therefore, does not currently contribute any units to the housing stock. Since the development of the Jade Bay Mobile Lodge there have been a greater variety of housing types developed for a variety of income limits within Chula Vista, offering more vaned housing options. Rezoning of the property to allow for multi-family development will help achieve the City's goal of achieving a variety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9 which is to provide oppommities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multi-family allows for either rental or condominium units to be developed on the site. Typically, the rents or sales prices for these units would be lower than that of a typical single-family dwelling. The City's General Plan for this site is currently High Density Residential so that the rezoning would result in bringing the existing zoning into greater conformance with the General Plan. Further, this would help achieve the City's General Plan policy of achieving a vaziety of housing options. Furthermore, Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but aze not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The requested rezone to R-3 is the most consistent zone with the existing RH designation of the General Plan. THE PROPOSED CHANGE OF USE AND/OR REZONING IS SUPPORTED BY SOUND PLANNING PRINCIPLES, AND HIGHER DENSITY, AFFORDABLE REPLACEMENT HOUSING WITHIN THE CITY WILL REMAIN IN SUFFICIENT SUPPLY. The General Plan designation for the project site is RH, which will allow for multi-family development at a density range of 18-27 dwelling units per acre, a higher density than is typical for a mobilehome pazk type development. Thus, the 15-71 proposed change to R-3 zoning is consistent with the City's desire for higher density development in the azea. Any future development will be required to comply with the City's Balanced Communities ("Inclusionary") Housing Element Policy for affordable housing. As stated in General Plan Policy H5.1, newly constructed residential development projects containing 50 or more units, shall include a minimum of 10% as on-site affordable housing. Since the proposed zoning will allow for multi-family housing consistent with the high density designation of the General Plan, it will provide more affordable housing units than other types of residential development. Future development of the site will provide affordable housing opportunities to many in the form of affordable rental or ownership units due to the inclusionary policy mentioned above. THAT THE PROPOSED CHANGE OF USE/AND OR REZONING WILL NOT RESULT IN SEVERE OR UNDUE HARDSHIP ON ANY AFFECTED MOBILEHOME RESIDENT. This fording is not applicable since the project site is currently vacant and no residents live on the site. Under the bankruptcy proceedings, the court required the former operator of Jade Bay to provide relocation assistance. The applicant has further indicated that the former operator of Jade Bay provided additional assistance above and beyond that required by the court. THAT THE PROPERTY OWNER AND/OR PROJECT PROPONENT PLAN COMPLIES WITH APPLICABLE CITY AND STATE MOBILE HOME PARK CONVERSION AND RELOCATION REGULATIONS. This finding is not applicable since the site is currently vacant and no residents live on the site. Instead of specifically following the state and local conversion and relocation regulations, the mobilehome park was closed following the proceedings of the Federal Bankruptcy Court. At the same time, the majority of the provisions of Chapter 9.40, which requires the development of a relocation plan, were complied with according to the bankruptcy court. THAT PRIOR TO THE COMMENCEMENT OF ANY CLOSURE OF THE MOBILEHOME DEVELOPMENT, THAT THE PROPERTY OWNER(S) WILL PREPARE AND ENSURE CONFORMANCE OF A DETAILED CLOSURE AND RELOCATION PLAN CONSISTENT WITH THE REQUIREMENTS OF CVMC SECTION 9.40 AND APPLICABLE STATE REGULATIONS, AND TO THE SATISFACTION OF DIRECTORS OF PLANNING AND BUILIDNG AND COMMUNITY DEVELOPMENT. 15-72 The Jade Bay Mobile Lodge that previously operated on the site was closed through federal bankruptcy proceedings. Therefore the requirements "prior to the commencement of any closure" cannot be met. Presented by Gary Halbert ,PE, AICP Director of Development Services/ Deputy City Manager 15-73 i a s PROJECT ~ LOCATION Single and Multt~ Famth Apartments K :, • a w a ~ ~ b • + ~ c ~ ~ a T a ~ m a m// i Z •, ~~ Y 9 P s M s s' \ .'' . Vacant Single MuNi-F ~~ Mobilehome Park EXHIBIT A 15-74 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.1 S.O10 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSNE MOBILEHOME PARK) ZONE TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and WHEREAS, an application to amend the Zoning Map was made by SKK Realty, LLC ("Applicant") and filed with the City of Chula Vista Development Services Department on June 9, 2008; and WHEREAS, the 2005 General Plan designates the site as RH and the proposed zoning is consistent with the General Plan and is an implementing zone for this General Plan designation; and WHEREAS, the applicant proposes to rezone the 4.35 acre property located at 701 D Street ("Project Site") from the MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Multi Family Residential, Precise Plan) Zone, establishing a Precise Plan Modifying District, ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed prof ect for compliance with the California Environmental Quality Act ("CEQA") and has determined that since the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR OS-O1, no further environmental review or documentation is necessary; and WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 6:00 pm on June 24, 2009, in the Council Chambers located at 276 Fourth Avenue; and WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ- 08-04) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and the notice was mailed to property owners within 500 feet of the exterior boundazies of the Project site at least ten days prior to the hearing; and WHEREAS, the heazing was held at the time and place as advertised, namely 4:00 p.m. on July 14, 2009, in the Council Chambers located at 276 Fourth Avenue, and said heazing was thereafter c]osed. 15-75 Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances aze evident, which allows the application of the "P" Precise Plan Modifying District to the project site. THE SUBEJCT PROPERTY, OR THE NEIGHBORHOOD OR AREA IN WHICH THE PROPERTY IS LOCATED, IS UNIQUE BY VIIZTUE OF TOPOGRAPHY, GEOGRAPHICAL CHARACTERISTICS, ACCESS, CONFIGURATION, TRAFFIC CIRCULATION OR SOME SOCIAL OR HISTORICAL SITUATION REQUIRING SPECIAL HANDLING OF THE DEVELOPMENT ON A PRECISE PLAN BASIS. The City Council fmds that the proposed precise plan-modifying district, which will be attached to the R-3 zone, provides necessary safeguazds so that at the time of future development of the site, consideration will be made ofthe unique chazacteristics ofthe site as well as its location and surroundings. The subject property is only accessible from two sides of the subject property, from Woodlawn Avenue and D Street. Such limited access may pose some unique and significant challenges as far as routine ingress and egress, emergency access and general traffic circulation. The P modifier would allow flexibility in the future to make modifications to development standazds such as building setbacks in order to accommodate a more desired future on-site development proposal. 2. THE PROPERTY OR AREA TO WHICH THE PMODIFYING- DISTRICT IS APPLIED IS IN AN AREA ADJACENT AND CONTIGUOUS TO A ZONE ALLOWING DIFFERENT LAND USES, AND THE DEVELOPMENT OF A PRECISE PLAN WILL ALLOW THE AREA SO DESIGNATED TO COEXIST BETWEEN LAND USAGES WHICH MIGHT OTHERWISE PROVE INCOMPATIBLE. The City Council fmds that adoption of a Precise Plan Modifying District will allow future development of the site to achieve greater compatibility with the existing surrounding land uses. Directly north of the subject property, the land which is zoned R-3 ("Apartment Residential Zone") is developed primarily with apartments and other multi-family structures. To the east, although also designated R-3, contains a mixture of both single and multi family development. To the south of the subject property, the land which is zoned MHP (Exclusive Mobilehome Pazk) is fully developed as an 85 unit mobilehome park. To the west of the subject property, the land contains certain road improvements serving Interstate 5 and the right of way for the San Diego Trolley line. In light of the diversity of existing land uses surrounding the subject property, staff believes that the application of the P-modifier to the subject property will allow greater design control over the eventual development ofthe subject property to insure compatiblity with the existing uses surrounding the subject property. Due 15-76 Ordinance No. Page 3 to the proximity of Interstate 5 to the west of the project site and associated noise and air quality concerns, it may be bene£cial to design a future project in such away that it is primarily oriented away from the freeway. 3. THE BASIC OR UNDERLYING ZONE REGULATIONS DO NOT ALLOW THE PROPERTY OWNER AND/OR THE CITY APPROPRIATE CONTROL OR FLEXIBILITY NEEDED TO ACHIEVE AN EFFICIENT AND PROPER RELATIONSHIP AMONG THE USES ALLOWED IN THE ADJACENT ZONES. The existing development standazds under the R-3 ("Apartment Residential Zone") maybe insufficient with respect to providing the City with the "appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. " Application of a Precise Plan Modifying District can provide flexibility in setback requirements. This would allow for a development to achieve a greater separation from the Interstate 5 freeway to the west without reducing the overall amount of density which maybe achieved. In this regazd, it would help achieve the Chula Vista General Plan goal of providing higher density residential development in proximity to existing transit facilities. Specifically, policy LUT 1.8 is to pursue higher density residential categories that are not being met within the City. In addition, it would allow for additional design restrictions which will result in a better site design and layout. II. ACTION This Ordinance hereby amends the Zoning Map, re-zoning the 4.35 acre Project site located at 701 D Street from MHP (Exclusive Mobilehome Park) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, and establishes a Precise Plan Modifying District based on the fmdings that it is consistent with the City of Chula Vista General Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. _ n ~~ Presented by as to Gary Halbert, PE, AICP ~ar~'t Miesfeld Director of Development Services/ Ci Attorney Deputy City Manager 15-77 J , 1 UN~ s~P~~st \ ` o , ~~ 0 5 1 ~ ~ , 3, ~ \ ~~ m SZ 0 Z V15ZP \m cNU~ Y R3 ` OSR CZ 3 Proposed Zone \` a st R3P 3y~ T Dy U O AN 9G o m Z 9 ~ \ i m yL \ m ~3 \ UC-1~9 \ ~ ~ ~ \ C- UC-1 \ ~,,,~, EXHIBIT A CHUI~AVISTA 701 D Street; Proposed Zone "R3P" NORTH