HomeMy WebLinkAbout2010/08/10 Item 4
CITY COUNCIL
AGENDA STATEMENT
'''-If,;
.:$ ~ CITY OF
.~ (HUlA VISTA
August 10,2010, Item No.: ~
ITEM TITLE:
PUBLIC HEARING: PCZ-08-04 Consideration of an application filed by
SKK Realty, LLC-requesting a rezone from MHP-Exclusive Mobilehome
Park to R3 Apartment Residential Zone, with a Precise Plan Modifying
District.
RESOLUTION: of the City Council of the City ofChula Vista finding that
the applicant has complied with required provisions ofLUT Section 7.17 of
the Chula Vista General Plan regarding an application to rezone property
currently designated MHP (Exclusive Mobilehome Park) Zone.
SUBMITTED BY:
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 Park) Zone to R-3-P
(Apartment Residential, Precise Plan) Zone.
Assistant Cit; Mana"~evelopment Services Director
REVIEWED BY:
City Manage
4/5ths 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 Park) Zone.
On June II, 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 bankmptcy proceedings, which began in early 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). It should be noted that this item
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was continued by staff from the City Council hearing of July 14, 2009 and subsequently put on
hold at the request of the Applicant.
ENVIRONMENTAL REVIEW
The Development Services Director 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 05-01. Thus, no further environmental review or documentation is necessary.
RECOMMENDA nON
That the City Council adopt the attached Draft City Council Resolution and Ordinance, based on
the findings contained therein.
BOARDS/COMMISSION RECOMMENDATION
This item was heard 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
Park 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 Characteristics:
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 park 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.
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Existin!!: Zon;n!!: and Land Uses
Site
General Plan
RH-High Density
Residential (18-27
dulac)
North
R1v1H Medium-High
Residential (11-18
du/ac)
RH-High Density
Residential (18-27
du/ac)
Rt\1H -Residential-
Medium-High (11-18
du/acre)
South
East
West
Open Space
Project Description:
Meeting Date: 8/10/10
Page 3
Zoning
MHP (Exclusive
Mobilehome Park)
Existing Land Use
Vacant
R-3 (Apartment Residential)
Existing Apartments
MHP (Exclusive
Mobilehome Park)
Existing Mobilehome Park
R-3 (Apartment Residential)
Existing Single and Multi-Family
Residential
Unzoned
San Diego Trolley/Interstate 5
The project consists of rezoning a vacant 4.35 acre site formerly utilized for a 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.
ANAL YSIS:
Rezone
The proposed rezoning of the property to R-3 is consistent with the 2005 General Plan land use
designation of High Density Residential (RH) (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 park, 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 park to the south. The
General Plan land use designations are for Medium High density to the north and east (11-18
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Meeting Date: 8/10110
Page 4
dulac) and High Density Residential (18-27 dulac) tor 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 Bayji'om 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 R-3 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 Trolley/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 characteristics of the property in relationship to its surrounding
area. Since no specific development is being proposed at this time, the current request is only to
add the "P" modifier to the zoning designation. At the time an actual development project is
submitted, precise plan standards 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 specific conditions of approval. . . ." It is further provided in
section 19.56.040 that "[w]ithin 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 parcel. 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
are substantiated below:
The. subject property, or the neighborhood or area in which the property is
located, is unique by virtue of topography, geological characteristics, access,
configuration, 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 characteristics of the site as
well as its location and surroundings. Currently, the subject property is only accessible from two
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Page 5
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 thc future to make modifications to development standards
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 are being requested at this time.
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 projcct
site, the land, which is zoned MHP (Exclusive Mobilehome Park), 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.
The basic or underlying zone regulations do not allow the property owner
and/or the city appropriate cuntrol or flexibility 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 a development to achieve a greater separation from the Interstate 5 freeway to
the west without reducing the overall amount of density which may be achieved. In this
regard, 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 \.8
is to pursue higher density residential categories that are not being met within the City. In
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Meeting Date: 8110/10
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addition, it would allow for additional design restrictions which will result in a better site
design and layout.
A rezone request is typically accompanied by a request for a particular development proposal for
the property. In this particular 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 standards if necessary to accommodate the
preferred site design.
Compliance 'with lvfobile 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 park would be accompanied by
documentation outlining compliance with both Chapter 9.40 of the Chula Vista Municipal Code
(CVMe) 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 Park 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 relines
and updates the procedural requirements for mobilehome park 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 park.
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 park 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.
What is unique about this rezone request is that all residents have been relocated and the site is
totally vacant. Jade Bay Mobile Home Park, filed bankruptcy in 2006. The Bankruptcy Court
exercised its jurisdiction to effect park closure. Thereafter, the City retained special bankruptcy
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.
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During the bankruptcy proceedings, Jade Bay submitted a Bankruptcy Plan that proposed to
provide the residents with relocation benefits of approximately 15% of the appraised value of
their coaches. The tenants were then olTered full appraised value if residents signed legally
binding stipulations approved by the Federal bankruptcy 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 Park 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 Park are "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 Park 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 particular instance (i.e., notification procedures etc). Specific areas 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 findings
detailed in the following section.
Policy 34.A.2, referenced above, outlines findings that 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 Nlunicipal Code
Chapter 19.U6 and section 19.12030, shall make the following findings, 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 hal/sing 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 towards the
housing stock. Since the development of the Jade Bay Mobile Lodge there has been a greater
diversity of housing types developed for a variety of income limits within Chula Vista, offering
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Page 8
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 a single-family
dwelling. The City's General Plan land use designation for this site is currently RH 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 are 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 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 area. Any future development will be
required to comply with the City's Balanced Communities Clnclusionary") Housing Element
Policy tor 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
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.
There will be no undue hardship on "affected mobilehome residents" as there are currently no
mobilehome home park residents to be "affected" by the rezone. All of the residents agreed to
vacate the park, signed contracts agreeing to accept the relocation benefits under the confirmed
Chapter II plan as full settlement of any and all claims they had or may have in the future for
relocation benetits, and subsequently moved out of the mobile home park over three years ago.
Additionally, the applicant has indicated that the previous tenant, Jade Bay, provided assistance
above and beyond that required by the court. As the site is currently vacant, no residents will be
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Meeting Date: 8/10/10
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atIected by, nor suffer "severe or undue hardship" from the rezone; thus, this condition has been
met.
That the property owner and/or project proponent plan complies with applicable
City and State mobile home park conversion and relocation regulations.
The State mobile home park regulations addressing closure and rezone are expressly inapplicable
in situations where the park operator is adjudicated bankrupt. Though such regulations are not
applicable, the Federal Bankruptcy Court did ensure that the tenants received relocation benefits
and that the park was closed in accordance with City of Chula Vista regulations to the extent
possible. The tenants also agreed to sign a contract accepting the benefits as complete
satisfaction of any claims they might have under state or local law. All residents did so. Most
importantly, the requirement of a plan is only applicable in situations where there is an existing
mobilehome park with residents. The site is currently vacant and no residents live on the site;
therefore, this finding that the property owner and/or project proponent complies with applicable
city and state mobile home park regulations has been met.
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 CVl14~C Section
9.40 and applicable State regulations, and to the satisfaction of Directos of
Development Services..
The specific requirement to prepare and ensure conformance of a detailed closure and relocation
plan "prior to the commencement of any closure' is not applicable under the existing
circumstances as the property owners are not requesting the closure of the Jade Bay Mobile
Lodge. The park was closed previously through the federal bankruptcy proceedings. In
addition, there are no residents currently residing in the park; thus, there are no individuals to
relocate or to which benefits would be due'through this action. This finding is, therefore,
inapplicable.
As implied by the discussions above, the intent of state law related to mobilehome parks is to
protect existing residents from the adverse affects that may occur due to the closure or rezone of
a mobilehome park. The relocation plan is a mechanism by which the legislature can ensure that
needs of existing residents are considered and the potential impacts of a closure are evaluated. It
follows that where there are no existing residents to be affected by a rezoning and no relocation
benefits to be provided, a relocation plan would not further the intent of the legislature - to
protect existing residents. In the current situation, the site is empty. There are no existing
residents, nor have there been for over three years; thus, no existing resident would be affected
by a rezone, nor would relocation benefits be due, as there is no one to relocate. Additionally,
state law expressly provides that such obligations (i.e. drafting a plan, providing relocation
benefits, etc.) that might otherwise apply to a mobilehome park operator seeking to close or
rezone do not apply following an adjudication of bankruptcy. As the site is currently empty,
there are no residents, and the operator was adjudicated bankrupt, all of the requirements of state
and local law intended to protect existing residents have been met to the extent that they were
applicable. All of the prerequisites to rezoning have, therefore, been met.
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Voluntary City Actions Relatcd to Tenant Relocation
After 40 years of operation, the Jade Bay Mobile Lodge filed Chapter II bankmptcy and noticed
residents of the intended park closure on April 26, 2006. At that time, of the seventy-five spaces
in the park, fifty-seven were occupied by residents who owned their coaches. As previously
discussed, under normal circumstances these residents would have been eligible for relocation
assistance as required by State laws governing the closure procedure for mobilehome and trailer
parks.
Since the related provIsIons of state law are expressly inapplicable in situations where an
operator is adjudicated bankrupt, staff was directed through referrals at a May 4, 2006 Council
Mobilehome Workshop to investigate the City's options regarding the Jade Bay Mobile Lodge
bankruptcy and its effect on residents. Based on this referral, Special Bankmptcy Counsel was
hired to monitor the bankruptcy proceedings and on several occasions, staff, counsel, and various
City Council members met with the residents to explain the bankmptcy process to them, at an
expense of$67,618.
After the bankruptcy proceedings were settled in late 2006, all 40 remaining residents were
provided with the following information on affordable housing options and available atIordable
housing assistance:
(1) The City retained a relocation specialist to provide staff with assistance in determining
the residents' eligibility for City assistance and/or other programs at a cost to the City of
$12,000.
(2) Affordable rental opportunities throughout the City - Staff worked with several
affordable complexes to hold vacancies for a two to three month period to provide
priority to displaced Jade Bay residents. In addition, residents were provided
information and priority to apply for Seniors on Broadway, under construction at that
time. Fourteen residents were relocated to affordable housing units, leaving a surplus of
affordable units available because some people turned down units based on individual
preferences (nine additional residents were eligible).
(3) First-time home buyer programs for low and moderate-income residents through the
City's inclusionO/:v housing policy - Residents eligible for first-time home buyer
opportunities at Mar Brisa, in San Miguel Ranch were encouraged to apply. While four
households were potentially eligible, no households successfully applied.
(4) Section 8 rental assistance - All eligible residents were encouraged and/or assisted in
applying for Section 8 assistance through the County of San Diego. Prior to closure
three households were already receiving Section 8 assistance and to date one additional
household has qualified for the program.
(5) HOlvfE Investment Partnership (HOldE) Program funds to assist very low and low-
income residents with rent and security deposits - Council approved a Tenant Based
Rental Assistance (IBRA) Program on January 23, 2007. While over half of the
remaining residents were eligible for this Program, sixteen Jade Bay households accepted
assistance. Today, eight households remain assisted with approximately 6 months left in
the program and $250.706 expended as of June 30, 2010.
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In all, four residents chose not to participate in the eligibility process, four were determined to be
over the income limits that would qualify them to receive any type of affordable assistance and
nine others chose other housing options due to personal preferences, while twenty three (58%)
received some type of affordable assistance.
Compliance with Chapter 19.80 ofChu/a Vista Municipal Code
The provisions of Chapter 19.80 (which are based upon the Cummings Initiative) are 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 parks are 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.
~. ,I,
ONGOING FISCAL IMPACT:
There will not be anyon-going fiscal impacts associated with the rezone because the site IS
vacant and no project is proposed at this time.
Attachments
1. Locator Map
2. Planning Commission 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 ofChula Vista General Plan
8. Meeting Minutes from Planning Commission
9. Ownership Disclosure Form
j :\p [ann ing\casctiles\09 (FY08-09\PCZ\pub 1 ichearing\pczOg-04
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ATTACHMENT 1
LOCATOR MAP
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Vacant
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT SKK Realty, LLC.
C) APPLICANT:
PROJECT 701 0 Street ATTACHMENT 1
ADDRESS:
SCALE: FILE NUMBER:
NORTH No Scale PCZ-08-04
. , .,
7
ATTACHMENT 2
PLANNING COMMISSION RESOLUTION
, ~
4'-14
u~_
RESOLUTION NO. PCZ-OS-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOW,IENDING TRA T 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 ofChula 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 ofland commonly known as 701 D Street, which is the subject matter
of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this
reference, and which coru;ists of one parcel totaling 4.35-acres located at 701 D Street ("Project
Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed proj 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, EIR 05-01 no further 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
'iVHEREAS, 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 PLANNlNG C01vIMISSION
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.
4-15
Planning Commission Resolution - PCZ 08-14
Page 2
PASSED Ai"ID APPROVED BY THE PLANNING COMMISSION OF lliE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of June, 2009, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTiliN:
ATTEST:
Spethman, Moctezuma, Clayton, Vinson
Thompson
Tripp, Felber
Diana Vargas, Secretary
Presented by:
Gary Halbert, P .E., AICP
Deputy City ManagerlDevelopment Services Director
4-16
William C. Tripp, Chair
Approved as to form by:
Bart Miesfeld
City Attorney
ATTACHMENT 3
FIGURES
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ATTACHMENT 4
LETTER TO TENANT DATED 12/12/06
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COMMUNITY DEVELOPMt:N
DEPARTMENT I
l DEe 1 J'~006 J
December 17_ 2006
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COMMUNI, Y D':.:'JEL~- -
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DEe 1 5 2005
Dear Tenant:
--
Attached are two original agr=ents.
Pleas" follow the directions below to expedite the payment process:
1. Pi"""" read the agreement arn:i sign both ropies.. Keep one fur your files
2. .AfiEr you fuI1,-e signed the agreement return one original agn:ement to MamJ",<>er,
B:uhara Barnes with a signed copy ofy-our titk to your molnlclJ.ome. 1be sign.."'li
ropy of your title MUST be atbcl1erl.
3. We will =ndngreement with the copy of title to the Court fur llppIOval
4. Yon should be =ei:ving your payment wi:!lrin 10 tD 12 days from date of filing
agr=nent wiJh the Court.
Sin=ly,
~--
Kennefu Kubota
4-21
OFFER TO PURCHASE CLAIM
To:
From:
Space No.
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 April 26,
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 'upon
the claim being allowed in the amount of the appraisal commissioned by Jade
Bay. .
Your mabi/ehome was appraised as having an insurance replacement value of:
Based upon the estimate of a 15% distribution, the amount 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. It 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 next page for the details of this offer.
4-22
Page 2
*What you will receive under this offer*
If you accept this offer, you 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 $500 holdback and may be subject to court proceedings, additional
rent and penalties for failing to timely vacate the park.
Compare:
Compare this offer to the amount you are likely to receive under the Bankruptcy
Pia n:
Under the Plan. we estimate you would receive:
Under this Offer, you would receive:
s described above.'
This offer is open for a limited time only.
This Offer will rernain open until December 19, 2006. If you are interested in
pursuing this offer or have any questions, please contact Irene Ikeda at 714/545-
6332. You will then be fOJ"Narded a package of documents for your review and
consideration.
. Relocation Assistance Is Now Available
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 you. Thank you,
The Kubota Family
4-23
ATTACHMENT 5
STIPULATION BY AND BETWEEN
DEBTOR AND PARK TENA.N:T
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Todd C. Ringstad (State Bar No. 973
Nanette D. Sanders (State Bar No. 120169
RINGSTAD & SANDERS LLP
?030 Main Street, 12th Floor
line, CA 92614
Iephone: 949.851.7450
~ 4 ~~;; csimile: 949.851.6926
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.~. eneral Insolvency Counsel for
pter 11 Debtor and Debtor-in-Possession,
ay Mobile Lodge, Inc.
RECEIVED
ORIGIN L
DEe L 9 2006
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CLERK u.5.. B.A.\IU1UPTCY COUlfJ'
CENTilAl~lCTOfClllFrnltU.
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ENTERED
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UNITED STATES BANKRUPTCY 0
Cl.if.l'.lU 1l"\'"J"c'I~. C"'J;rl
roU/!.;L~:;IiI)Q iJl- t~jlwi.r(
CENTRAL DISTRICT OF CALlFORNIA - SANTA A1'1~ "7';'
In re
JADE BAY MOBILE LODGE, INC., a
California Corporation,
Debtor and
Debtor-in-Possession.
~;:,
CASE No. SA 06-10581 ES
Chapter 11 Proceeding
STIPULATION BY AND BETWFRN
n1?,RTOR4ND PARK TENANT,
REGARDING:
(I) i\.jV.l.."n~MENT 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 TERJ'VIINATION 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 RequiredJ.
TO THE HONORABLE ERITHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE,
AND ALL PARTIES IN INTEREST:
28 111
439802..2
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This stipulation ("Stipulation") 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 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 11 case, in the
ordinary course of its business, the Park entered into a month-to-month rental agreement with
Tenant for the rental of Space No.
lt the Park. Tenant owns the mobilehome located at
Space No.
B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary
Chapter II 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 all tenants of the Park
with a notice that the Park would be closed within one year onhe notice, to wit, by April 26,
2007.
C. The Court has confirmed the Debtor's chapter II 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 State') performed a valuation of
Tenant's mobilehome. Golden State determined that the value of Tenant's mobilehome, based
upon "stanc\,ard 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 ofthe 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
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memorialize the terms and conditions thereof,
Now, therefore, the parties hereto do hereby agree and stipulate as follows:
1. Tenant's Mobi]ehome Value Claim is hereby amended and allowed in the amount
of$4,476.00. The Claims Docket shall be amended to reflect the amendment and allowance of
Claim No. 28 in the amount of$4,476.00.
2. Tenant hereby assigns all interest in Claim No. 28 and all other claims or rights
Tenant may have in this Chapter]] case to Kenneth Kubota (the "C]aim Assignee").
3. Tenant shall assign title to Tenant's mobilehome to the Debtor. effective as ofthe
date of Court approval ofthis 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"]" and incorporated
by this reference.
4. Tenant warrants that there are no valid liens or'encumbrances against the
mobilehome and that title to the mobi]ehome is transferred to the Debtor free and clear of all liens
and encumbrances. Tenant agrees to indemnifY, defend and hold harmless any claims made
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 himselflherself, all other occupants or guests of the
premises, and to remove any and all persona] property from the Park 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 Park premises.
6. A writ of possession shall issue upon the approval of this Stipulation by the Court,
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 correct
copy of which is attached hereto as Exhibit "2" and incorporated by this reference, shall be
deemed rejected pursuant to ] 1 US.C. Section 365, effective as of the date of Court approval of
439802.2
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this Stipulation.
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, hislher
respective successors and assigns and each of them, and hislher 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 unknown, suspected or unsuspected, that'Tenant may possess
against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including but not
limited to Star Mobilehome Park Management, Inc., Michael Cirillo, Barbara Barnes and Betty
McCauley), representatives, shareholders, 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 orrelated to the operation of the Jade 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, 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 or 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 simila~ effect.
"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 executirig 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, the 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 <<hd 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 "Holdback") in the amount of $500.00 (in
439S02.2
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total the "Settlement Funds''). The Settlement Funds will be paid to' tenant within five 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 permanently
vacates the Park and surrenders hislher keys to the Park manager on that date. If Tenant vacates
the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent and
utilities. If Tenant does not vacate the Park on or before February 28,2007, Tenant will not be
entitled to receipt of the Holdback and may be subject to additional rent and penalties for failing
to timely vacate the Park, and to further court proceedings, either before the Bankruptcy Court, as
provided by the Debtor's confmned plan, or before the State courts, as deemed appropriate under
the circumstances in the Debtor's discretion.
II. Failure to comply ",ith 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 Agreement. 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 representatives of parties
regarding authority to enter into this agreem~nt), 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
439302.1
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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 heen represented by,
or have had the opportunity to seek representation by, independent counsel of their own choice
throughout all negotiations which preceded the execution of this 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 Parties 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 this Agreement.
18. The Parties stipulate that the United States Bankruptcy Court for the Central
District of California shall continue to have jurisdiction to enforce or declare rights under this
Agreement. If for any reason the Uoited 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 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 to
bear their own respective costs and attomeys= 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,
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actions, or causes of action released pur.mant to this Agreement. The Parties .also agree to defend,
indemnify and hold one another harmless against any obligation, liability, demand, claim, cost,
expense (incl1Uling but not Iirruted to attorneys' fees incurred), debt, controversy, damage, action
or Cause of action based on, arising out of or in connection with any such sale, transfer or
assignment or purported sale, transf", or assignment.
DATED: December 1$ 2006
DATED: Dec~ber ~ 2006
.
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Kenneth Kubota, ClaunAssignee
DATED: December 20 , 2006
RlNGSTAD&'~
BY.~
. ~/~
General Insolvency Cou:osel for Debt;a1?.i Debtor-
in-Pos~ssion, JADE BAY MOBILE LODGE, INC..
ORDER
The Stipulation is granted in its entirety.
f~(/A.u
TIlE HONORABLE .ERITHE A. SMITH
IT IS SO ORDERED.
DATED:
tlEtZ7m
PRESENTED BY:
RINGSTAD & SANDERS LLP
By. ~~
General Insolven~ Counsel ~,~
ll11d Debtor-in-Possession,
JADE BAY MOBlLE LODGE, INC.
<39!02.2
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Todd C. Ringstad (State Bar No. 97345)
Nanette D. Sanders (State Bar No. 120169)
RlliGSTAD & SANDERS LLP
2030 Main Street, 12th Floor
Irvine, CA 92614
Telephone: 949.851.7450
Facsimile: 949.851.6926
General Insolvencv Counsel for
Chapter 11 Debto; and Debtor -in-Possession,
Jade Bay Mobile Lodge, Inc.
UNITED STATES BAt"lliRUPTCY COURT
CEl'<lRAL DISTRICT OF CALIFORNIA - SANTA ANA DIVISION
Inre
JADEBAYMOBILELODGE,INC., a
California Corporation,
Debtor and
Debtor -in-Possession.
CASE No. SA06-10581ES
Chapter 11 Proceeding
STIPULATION BY AND BETWEEN
DEBTOR AND PARK TENANT,
BARBARA N1JNl\<.U,F,E, REGARDING:
(1) AMENDMENT AND ALLOWA..l'{CE OF
TENANT MOBILEHOME VALUE
(:LAIl\'I; .
(2) ASSIG~IENT OF MOBILEHOME
VALUE CLAIM TO KENNETH KUBOTA;
(3) TRANSFER OF MOBILEHOME TO
DEBTOR,AS~G~IENTAND
INDEMIDFICATION REGARDING
TITLE;
(4) EARLY TERMINATION OF RENTAL
AGREEMENT, REMOVAL OF TENANT
At'ID ALL OlllER ocm ANTS AND
ThTh'IEDIATE ISSUANCE OF WRIT OF
POSSESSION; AND,
(5) RELEASE OF CLAIMS;
ORDER THEREON
[No Hearillg Required]
TO THE HONORABLE ERITHE A. SlVIITH, UNITED STATES BANKRUPTCY JUDGE,
AND ALL PARTIES IN INTEREST:
III
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This stipulation ("Stipulation") is entered into by and be<.'ween Jade Bay Mobile Lodge,
hiC., a California corporation ("Jade Bay" or "Debtor"), the debtor 8..'ld debtor-in-possession
herein, Kenneth Kubota as Claim Assignee, and Barbara Nunnelee ("Tenant"), a tenant of the
Jade Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-morrth rental agreement.
This Stipulation is based on the following facts and circU1TIstances:
A. The Debtor is in the business of operating the Park, which is located at 701 '1)"
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 a month-to-month rental agreement with
Tenant for the rental of Space No. B-19 at the Park. Tena.'lt owns t.~e mobilehome located at
Space No. B-19.
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 all 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 mobi1ehomes to the Debtor in
exchange for a claim against the estate, and thereafter vacate the Park premises.
D. A claims bar da.te 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$40,000.00. Subsequent
to the claims bar date, Golden State Appraisals ("Golden State") performed a valuation of
Tenant's m9bilehome. Golden State determined that the value ofT errant's mobilehome, baSed
upon "standard insurance replacement criteria", as prescribed by Section 9.40.030 of the Chula
Vista Municipal Code, is $7,764.00 (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 sums as detailed hereinbelow.
Temut has accepted the offer from the shareholders a"d this stipulation is intended to
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memorialize the terms and conditions thereof
Now, therefore, the parties hereto do hereby agree and stipulate as follows:
1. Tenant's Mobilehome Value Claim is hereby amended and allowed in the amount
of $7,764,00, The Claims Docket shall be amended to reflect tt'1e amendment and allowance of
Claim No. 46 in the amount of $7, 764.00.
2. T _ h~,by ~."" ill 1m~," in C1' ;~ No. 46 "'" ill o"'~ d,1m' 0':"" J
Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Dillm Assignee").
3. Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as ofL'1e
date of Court approval of this Stipulation. In comlection therewith, Tenallt has executed all
necessary documents to transfer legal title ofi:.t'1e mobilehome to t.1}e Debtor, including the
Certificate of Title as issued by the State of California, Department of Housing and COIDi-numty
Development, a tJ.-ue and correct copy ofwhich 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 harlnless any claims made
against the Debtor by any person or entity regardillg hislher transfer of title to the Debtor as
provided herein, regardi,-'lg 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 himsel:fJherself, all other occupants or guests of the
premises, and to remove any and all personal property from L'1e Park on or before FebrufuJ' 28,
2007. Tenant agrees to leave the premises in broom clean condition and shall maintain all
existing insurance coverage on the mobilehome lli,til the date he/she vacates the Park premises.
6. A writ of possession shall issue upon the approval of this Stipulation by the Court,
'lNiili a lock out date to occur no earlier than Mardl 1,2007.
7. The rental agreement by 3.,TJd between the Debtor and Tenant, a true and correct
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 ofCou.Tt approval of
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this Stipulation.
8. Except for ,,':lose 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, hislher
respective successors and assigns and each of them, and hislher 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 unknown, suspected or tL11SUspect~, that Tenant may possess
against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including but not
limited to Star Mobilehome Park Management, Inc., Michael Cirillo, Barbara Ba.-nes and Betty
McCauley), representatives, shareholders, affiliates (including but not limited to the Sada.1dchi
ram Kubota Statutory Tru:9, 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 , the Debtor's
Chapter 11 proceeding, the rejection of the rental agreement described above, 0 the real property
located at 701 '1)" Street in the City ofChula Vi San Diego County, California.
9. Waiver of California Civil Cod~ction 1547.IThe 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 California Civil Code (which provides as set fort..h below) and/or any other
statutes or co=on law principles of similar effect.
"A general release does not extend to d~iJT1s which the creditor does not know or suspect
to exist in his favor at the time of . a . e, which if known by him must have
ma en y mect bis settlement withthe debtor."
10. In exchange for the above consideration from Tenant, including the releases
specified in Paragraph 8 a.'1d 9 Move, the Claim Assignee bas agreed to pay to Tenant the sum of
$6,379.96, 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 two
months :- January and February 2007), for 1j:~~t' s continued occupancy at the Park from the
date hereof,,'uowll Februarv 28.2007. less a holdhack (the "Holdback", in the amouilt of
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$500.00 (m total the "Settlement Funds"). The Set'"Jement Funds 'Will be paid to tenant within
five business days following Court approval of this Stipulation. The Claim Assignee will pay
over to the Debtor the estimated rent and utilities witlli'leld from the Settlement Funds and the
Holdbae-x:. The Debtor will pay the Holdback to Tenant on February 28,2007 provided Tenant
permanently vacates the Park and surrenders hislher keys to the Park manager on that date. If
Terumt vacates the Park prior to February 28,2007, the Debtor will refund to Tenant any
unearned rent-and utilities. If Tenant does not vacate t.he Park on or before February 28,2007,
Tenant wiJl not be entitled to receipt of the Holdback and may be subject to additional rent and
penalties for failing to timely vacate the Park, and to further court proceedings, either before the
Ba..T1kruptcy COlli-t, as provided by the Debtor's commed 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 ofL'lls Agreement. 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 w3...'Tanties by representatives of parties
regarding authority to enter into this agreement), 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 arid provisions of this Agreement shall be binding upon or shall
inure to the benefit of the Pa..-ties, the',r assigns, heirs, trustees, admi'-llstrators, executors, estates.
or successors.
14. This Agreement may be executed in any number of counterpa..-ts each of which
shall be deemed an original, but all ofwbich taken together shall constitu1:e one agreement. An
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electronic signature or a copy of an original signature tra."lsmitted 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 of this Agreement.
] 6. 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 forL'l 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 'Will, and no threats, Cv"efcion, or duress have been employed to induce
any ofllie Parties hereto to execute this Agreement.
18. The Parties stipulate that the United States Bankruptcy Court for the Central
District of California shall continue to have jurisdiction to enforce or declare rights under 11us
Agreement. If for any reason the United States Bankruptcy Court lacks ju.-isdiction 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 California.
19_ The Parties hereby agree to execute such ot,'ler documents and to take such o<..her
action as may be reasonably necessary to further the pmpose of this Agreement with the Parties to
bear their own respec'"..ive costs and attorneys= fees for these additional actions.
20. Any person executing tr1.is Agreement on behalf of any pal1y does hereby
personally represent a..'ld warrant to the other Pa.'ties tr'lat he or she has the auL'lority to execute
this Agreement on behalf of; and to fully bind, such party.
21. The Parties represent fu""ld warra11t that they have not sold, assigned or transferred, --.
or purported to sell, assign or transfer, and shall not hereafter sell, assign or transfer, lll1Y
oblio-ations liabilities demands claims ct~ 7expenses debts controversies, dalnages, rights,
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actions, or causes of action released pursuant to this Agreement. The P3.l"1:ies also agree to defend,
indemni.."y and hold one a.'lother 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 sale, transfer or
assier.ment or purported sale, transfer or assignment.
"DATED: December{5,2006 ~ ~
Barbara Nu,melee [Tenant]
DATED: December --' 2006
Kenneth Kubota, ClaimAssignee
DATED: December -----' 2006
RlNGSTAD & SANDERS LLP
By:
Nanette D. Sanders
General Insolvency Counsel for Debtor and
Debtor -in-Possession,
JADE BAY MOBJLE LODGE, mc.
ORDER
The Stipulation is granted in its entirety.
IT JS SO ORDERED.
DATED:
"IRE HONORABLE ERITHE A SMITH
PRESENTED BY:
RINGSTAD & SANDERS LLP
By:
Nanette D. Sanders 4- 3 8
General Insolvency Counsel for Debtor
STATE OF CALlFORNIA-JJ.E,l?A[!NiENT OF HOUSiNG AND COMiviUNiTY
CERTIFICATE UF-TITLE MOBILEHOME
DEVELOPiviENT
DECAL NO AAC17 0
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,'AANUFACTURE.'\ NAME/ID TRADE I\lAME MaDEL DaM DOT DFS 5PC EX?\RAT1O,
GREAT LAKES/ GREAT LAKES 00/00/00 00/00/b4 ABQ 08/3L193
R'{-f,.:t
u SEiHAL NUMBER LAEEL/INSiGNIA NUMBER WEiGHT l"'rH Wlorn ISilJ~ I 5'f ~EMPT r8SE ~'
1 G4G5510FD~~S4934 000000 000 bO 000105 03/ 7 93 3 Sr
1
J TOTAL
4 FEES
5 PAID:
6 $3.00
A NUNNELEE BARBARA A
o 701 D ST SP Bl9
D CHULA VISTA CA 92010-1223
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RELEASE OF DEALER
** NEW REG~5TERED OWNER, FILL =N ~TEHS ~ - 9 **
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IMPORTIJtlT<l.9
THIS CERTIFICATE OF TITLE MAY HOT. REfLECT AL~ LIENS RECORDED
nF HOUSING AND COMMUNITY DEVELOFMENT AGAINST THE DESCRIBED
..._. __ ~~,...-.,..."""L<t::"" Tuonlrr.:::J-.i T~F
WITH THE DEPARTMENT
UNIT. THE CURRENT
DEPARTMENT. 01000ao
\....../
Todd C. Ringstad (State Bar No. 973
Nanette D. Sanders (State Bar No. ] 20 16
RINGSTAD & SANDERS LLP
030 Main Street, 12'h Floor
] ine, CA 92614
Iephone: 949.851.7450
csimile: 949.851.6926
eneral Insolvency Counsel for
pter 11 Debtor and Debtor-in-Possession,
ay Mobile Lodge, Inc.
-
RECEIVED 0
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ClERi::u:;..eA.'lffiUPTCYCOV1l'T
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\ BY c.ou.-,c~'f'
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UNITED STATES BANKRUPTCY OU '",,,",~~i J
CENTRAL DrSTRlCT OF CALIFORNIA- SANTA ANf"~"'."'~~";';.i,::~
In re
JADE BAY MOBILE LODGE, INC., a
California Corporation,-
Debtor and
Debtor - in-Possessi on.
CASE No. SA 06-1 0581 ES
Chapter 11 Proceeding
STIPULATION BY AND BETWEEi
DEBTOR AND ,PARK TENANT, Sl),"liKO
FARROW, REGARDING:
(1) AMENDMENT A."iD ALLOWANCE OF
TENANT MOBILEHOME VALUE
CLAIM;
(2) ASSIGNMENT OF MOBILEHOi\E
VALUE CLAIM TO KENNETH KUBC'TA;
(3) TRANSFER OF MOBILEHOME TO
DEBTOR, ASSIGNMENT AND
INDEMNIFICATION REGARDING
TITLE;
(4) EARLY TER.J'rIINA TION OF RENTAL
AGREEMENT, REMOVAL OFTEN",iiT
AND ALL OTHER OCCUPANTS Af'i1:
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:
III
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"---'
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This stipulation ("Stipulation") is entered into by and between Jade Bay Mobile Lodge,
Inc., a California corporation ("Jade Bay" or "Debtor"), the debtor arid debtor-in-possession
herein, Kenneth Kubota as Claim Assignee, and Sumiko Farrow ("Tenant"), a tenant of [he Jade
Bay Mobile Lodge (the "Park") pursuant to the terms of a month-to-month rental agreement.
This Stipulation is based on the fol1owing 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 II case, in the
ordinary course of its business, the Park entered into a month-to-month rental agreement with
Tenant for the rental of Space No. A-I at the Park. Tenant OVll1S the mobilehorne located at
Space No. A-I.
B. The Debtor commenced this bankruptcy proceeding by the filing of a voluntary
Chapter II 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 all 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 II 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 claim,S bar date in the amount of $30,546.00. Subsequent
to the claims bar date, Golden State Appraisals ("Golden State") 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 Ten ant'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
.1}9SD22
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memorialize the terms and conditions thereof.
Now, therefore, the parties hereto do hereby agree and stipulate as follows:
1, Tenant's Mobilehome Value Claim is hereby amended and allowed in the <un.,'",,',
of$4,476,00, The Claims Docket shall be amended to reflect the amendment and allowance 'J'
Claim No, 28 in the amount of$4,476,OO,
2, Tenant hereby assigns all interest in Claim No, 28 and all other claIms or rig], .
Tenant may have in this Chapter 11 case to Kenneth Kubota (the "Claim Assignee"),
3, Tenant shall assign title to Tenant's mobilehome to the Debtor, effective as c'the
date of Court 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 0 f 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
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 hirnsi:lf/herself, all other occupants or guests of the
premises, and to remove any and all personal property from the Park 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 helshe vacates the Park premises,
6, 'A writ of possession shall issue upon the approval of this Stipulation by the Coun,
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 correct
copy ofwnich is anached 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
4398022
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this Stipulation,
8.
Except for those claims and rights assigned to the Claim Assignee, :'fl:'
upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Ie,:,., .c'".;
respective successors and assigns and each of them, and hislher respective officers, dir,:c:u,:,
employees, agenLs, represematives, shareholders, affiliates, successors and assigns, here~::' L,;"
and completely release, remise and waive any all claims, actions, causes of action: h
obligations and other demands, including any relating to the Mobile Home Value Ci,.
forth above, whether know or unknown, suspected or unsuspected, that Tenant mr,! ~0::: .c.
against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (includii'>; ':.'!\ not
.
limited to Star Mobilehome Park Management, Inc., Michael Cirillo, Barbara Barnes OJ,,,, L ,.try
McCauley), representatives, shareholders, affiliates (including but ITot limited to the Sad ..kd,i
Sam Kubota Statutory Trust), successors or assigns, on account of, based upon or in an,' ,':C','
related to any of the facts and circumstances giving rise to the Mobilehome Value Clei:,'. D: eny
other claims arising out of or related to the operation ofthe Jade Bay Mobile Lodge, th.. l'ebtor's
Chapter 11 proceeding, the rejection of the rental agreement described above, or the reol property
located at 701 "D" Street in the City ofChula 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 or c.:- reason
of Section 1542 of the California Civil Code (which provides as set forth below) and/o! :L~Y other
statutes or common law principles of similar effect.
"A general release does not extend to claims which the creditor does nol 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."
I O. In exchange for the above consideration from Tenant, including the reie~ses
specified in Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenant Lee 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 (S342.02 rent, 575.00 utilities, for two
months - January :L'1d February 2007) for Tenant's continued occupancy at the Park from the date
hereof through February 28, 2007,Ie55 a holdback (the "Holdback") in the amount of 5500.00 (in
llJ9S02.2
.4.
4-43
2
3
4
5
6
7
8
9
10
II
12
J 13
- 14
-.~
[' IS
c
, ~ 16
17
18
19
20
21
22
23
24
25
26
27
28
o
v
i
I
total the "Settlement Funds"). The Settlement Funds will be paid to tenant within five busmc:"
days following Court approval of this Stipulation. The Claim ASSlgnee will pay over Ie, ll,'
Debtor the estimated rent and utilities withheld from the Settlement Funds and the Hold:.':..'.
The Debtor will pay the Holdback to Tenant on February 28, 2007 provided Tenant permar.""'!'/
vacates the Park and surrenders hislher keys to the Park manager on that date. IfTenar.t vcCHes
the Park prior to February 28, 2007, the Debtor will refund to Tenant any unearned rent 2-n.'.
utilities. If Tenant does not vacate the Park on or before February 28,2007, Tenant will; . ',,<2
entitled to receipt of the Holdback and may be subject to additional reni and penalties for f,. nng
to timely vacate the Park, and to further court proceedings, either before the Bankruptcy CC,'''1, as
provided by the Debtor's confirmed plan, or before the State courts, as deemed appropria:, u;der
the circumstances in the Debtor's discretion.
11. Failure to comply \11th any term of this Stipulation wll1 be deemed a bredc'; 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 conce,,,ing the .
subject matter of this Agreement. All agreements of the Parties with respect to the subject matter
hereof are in writing and supersede all prier written ar,d 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 representatives of parties
regarding authority to enter into this agreement), 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 Panies, their assigns, heirs, trustees, administrators, executors, eslates
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
.:139802.1
.5-
4-44
2
3
4
5
6
7
8
9
10
11
, 12
,
,
110 13
, 0
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..
14
.J. ~
-';;
r 15
, -
) c
~ ~, 16
I
17
18
19
20
21
22
23
24
25
26
27
28
~
J
electronic signature or a copy of an original signature transmitted by facsimile shall be as valid as
the original signature.
IS. 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 of this Agreement.
\6. 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 Parties 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 this Agreement.
18.
The Parties stipulate that the United States Bankruptcy Court for the Central
District of California 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 California.
19. The Parties hereby agree to execute such other documents and to ta.'<e s1.!ch 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.
2 l. 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,
4J9RD2.2
- 6-
4-45
.
2
3
4
5
6
7
8
9
10
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17
18
19
20
2]
22
23
24
25
26
27
28
\...../
v
actions, or causes of action released pursuant to this Agreement. The PariiesaIso agr22 t,)
indemniJY and hold one another harmless against any obligation, liability, demand, c:'. .
expense (including but not Hn-,ited to attcmeys' fees incw-red), debt, controversy, 00':<.
Or Cause or action based on, msing out or or in connection with any such sale, transfer (.c
assignment or purported sale, transfer or assignment.
DATED: Dec=ber 1$ 2006 A-u~,,;:t<, .:ft,,~~ 1/)(>)
Sumiko Farrow [Tenant]
DATED: Dece,nbcrW,2006 ~--j,/, ~d-k
Kenneth Kubota, Cl8.1mAssignee
DATED: December 20 , 2006
LLP
/'
By.
~~' . /7
T _.A _ {;V.._y
.. . ~~","~
General Insolvency COllIJsel for Debtor ili~ci i)cotor-
in-Poss<ossion, JADE BAY MOBILE LODe::, INC.
"
ORDER
The Stipulation is granted in its entirety.
f~t7~
TIlE HONORA.BLE ERITIIE A. SMITE
IT IS SO ORDERED.
DATED:
m 27m
PRESENTED BY:
RlNGST AD & SANDERS LLP
E"~~p
General Insolvency Counsel for ebtoi<7"" ~
and Debtor-in-Possession,
JADE BAY MOBILE LODGE, INC.
m802,)
- 7 -
4-46
OFFER TO PURCHASE CLAIM
To
From:
Sumiko Farrow, Space No, A-1
The Kubota Family
,t.,s yOIJ may be aware, the Bankruptcy Court recently approved Jade Bay's
Chapter 11 Plan, which provides that the mobile home park will close on ,0.,p,t: :)6,
2007
As part of the Plan, you may be allowed a "Mobilehome Value Claim" if you
Intend to abandon your mobile home in the park upon vacating, Pursuant to
tesllmony dl1ring the plan confirmation hearing, estimates were given that tenants
would receive approximately 15% of their Mobilehome Value claim based Ur_)n -
the Claim being allowed in the amount of the appraisal commissioned by Jade
Bay
y'our mobilehome was appraisad as having an insurance replacement value of.
$4,476,
o
Based upon the estimate of a 15% distribution, the amount you would receive
under Ihe Plan would be,
S4,476x15%=
$671.40
We are prepared to offer you the full amount of the appraised value oj your
mobllehome, This offer would require you to agree to vacate the park no lat~r
Illan February 28,2007 and sign over title to your mobilehome, It would alse
require Ihat 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 nexl page for the delails 01 this offer,
4-47
v
Todd C. Ringstad (State Bar No. 973 Q)
Nanette D. Sanders (State Bar No. 120169)
RlNGST AD & SANDERS LLP
030 Main Street, 12'h Floor
1 ine, CA 92614
IeDhone: 949.851.7450
E" csimile: 949.851.6926
eneral Insolvency Counsel for
Dter II Debtor and Debtor-in.Possession,
: ay Mobile Lodge, Inc.
RECEIVED 0
DEe 2s 200~J_...__n_R~
rH f~n I'
,i;. ..:./
I ,-.--...-.... I
i bc:.c.; 7 .:l 00(.,
\ l ,,~~,~,:"~~ '
1 aNTRAl D!311I.~ Of CJJ...IfoP.l4A
I !'l' o..i:
ENTERED
~ ..8 .; , :
OO:2~~4 I
UNITED STATES BANKRUPTCY OU 0.,,",~;J I
CENTRAL DISTRICT OF CALIFORNIA - SAl"lT A ANf"''''''":~';;;;,'':;~
In re
JADE BAY MOBILE LODGE, INC., a
California Corporation,'
Debtor and
Debtor- in-Possession.
CASE No. SA 06-1 0581 ES
Chapter 11 Proceeding
STIPULATION BY AND BETWEEN
DEBTOR AND PARK TENANT, SUMIKO
FARROW, REGARDING:
(I) AMENDMENT 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
L'\fMEDIATE ISSUANCE OF WRIT OF
POSSESSION; AND,
(5) RELEASE OF CLAIMS;
ORDER THEREON
[No Hearing Required]
TO THE HONORABLE ERlTHE A. SMITH, UNITED STATES BANKRUPTCY JUDGE,
AND ALL PARTIES IN INTEREST:
III
4J1)302.1
4-48
.\ I
.-~\ L
.
/
/
thIS StIpulation.
8.
Except for those C "=,,,AJ./Tg SHIPl-lEliTNO. SHIPUENTOATE
:=;:';;;.::~:== 3 14 4 69 7 8 312
"'<::G:~:;
. , ~ C::cli ',- e
upon Tenant's receipt of the Sett FRO~ ICO"PANYHAJJEj
. hIs/her
forth above, whether know or un
c;~' 'lars,
respective successors and assign!
employees, agents, representativ,
"~')y fully
and completely release, remise a:
.b: lities1
obligations and other demands, i
. ,'~ as set
".',~sess
PHONE
( 1fl13J...!:!.2 5' - 7 2 2 q
limited to Star Mobilehome Park Management, Inc., Michael Cirillo, Barbara Bai~i,,:.:n..d Beny
against Jade Bay Mobile Lodge,
I ~CCaUley), representatives, shareholders, affiliates (including DUt not limited to ti,e Sc'dakichi
KENNETH KUBOTA
ROBERT KUBOTA, ETG ..
CLASS 4 ACCOUNT
PH. 714-545--6332
17330 NEWHOPE ST. STE G
FOUNTAIN VALLE'(, CA 92708
'.nY"V3Y
16-4935
122<l
ro5\OO\3CA
2033
, ~n, or any
DATE
1-3-07
Ile Debwr's
o
PAY TO THE
DROE."? OF
>
1$ 6,379.96
;al property
Six thousand three hundred seventy nine ando~&/~O~ :?~='
UNION
BANK OF CALIFORNtA
Ao)J,l,S AY1:1'I\,If #35
81399 AoJJ.U A'if.., HUHTlHGlOH Bu.Ol. CA 926.46
800238 "-i56
Space B-19
SIGNATURE
BANKING
~~""
----
-~ -.--"--'---
ressly
by reason
MEMO
If any other
~._....''''''' Vl ,",VllllUVIl loW pnnclples or slmllar etfect.
"A general release does not extend to claims which the creditor does not kno'.\' or suspect
to exist in his favor at the time of executing the release, which ifknown by bim musl 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 Tenanlthe sum 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, $100,00 utilities, ['or 1\\0
months - January and February 2007), for Tenant's continued occupancy at the Pcrk fTom Ihe
date hereof through February 28,2007, less a holdback (the "Holdback") in the amount of
,ngso::: 1
4-49"
~
~
u
,~\ .
)~
"
t\
2.
~J
'-'
'fl,,-iGMi
SHIPUEHT NO.
SH1PUEI'-!T OAr;::
_~N~
_~/U~
31Y"69 78216
this StIpulation.
fROM {CO!.lPAHY NAM~
~-I
8.
2
Except for those clai
upon Tenant's receipt of the Settlen
3
4
respective successors and assigns ill
5
employees, agents, representatives,;
6
and completely release, remise and'
7 obligations and other demands, inch An" (NA","DEPT.) PHOHE set
I UJIQ)'-/20-f,'-{D'I
8 forth above, whether know or up.kno'ml,Suspected or unsuspected, that Tenant may possess
live
s/her
"
8 3,
'n
~.
~ u\\y
~.
~ "
9 against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including but not
Ie
KENNETH KUBOTA
ROBERT KUBOTA, ETG
CLASS" ACCOUNT
PH. 714-545-6332
17330 NE'NHOPE ST. STE G
FOUNTAIN VALLEY, CA 92708
2023
16-~9 35
T220
ca5lC61304
11
DATE
1-3-07
1$ 3,302.96
12
13
PA \' TO THE
ORDER OF_
~::::~.
Three thousand three hundred two and 96 100 A
14 - -DOlLARS lcJ
UNION BANK OF CALIFORNIA
SIGNATURE
BANKING
15
16
\7
\8
19
20
21
22
23
24
25
26 I
27
,0 \
_0
AD).Io.I.S Avt:I'lUi ,t'J5
a89'i ~ AYf.., HUtomHG10l'l au-CIi, CA 926-46
1300 2J5 ~-486
Space B-17
-~~-~----~!
MEMO
-J:\ty
:hi
y
. any
btor's
"
lper1)'
waive ""'U rell11tjlmn any <U1U ~ll ng,m> allU uellOlllO LnOY OJay UUlorWloe n"vo unucr ur oy rcason
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 or suspect
to exist in his favor at the time of executing the release, which iflc"lown by him must have
materially affected his settlement with the debtor."
10. In exchange for the above consideration from Tenant, including the releases
specifJedin Paragraph 8 and 9 above, the Claim Assignee has agreed to pay to Tenantlhe sum of
$3,302.96, representing Tenant's Mobilehome Value Claim in the amount of $4,587.00, less
estimated rent and utilities in the amount of$784.04 ($342.02 rent, $50 00 utilities, for [Wo
months _ January and February 2007) for Tenant's continued occupancy at the Park from the dete \
hereof through February 28, 2007, less a holdback (the "Holdback") in the amount of S50000 Cn
.;l:,9U)1.1
- 4 .
4-50
2
3
4
5
6
7
8
9
10
11
'" 12
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18
19
20
21
22
23
24
25
26
27
28
~.
~
specified in Paragraphs 3 and 4 above, the Claim Asoignee shall pay to Tenant the sum of
$8,463.00, representing Tenant's allowed Mobilehome Value Claim pursuant to the terms of this
Stipulation, within five (5) days of Court approval of this Stipulation.
DA TED: December ft. 2006 ' ,r '? /JyJ~ Cd;i ~
[Tenant]
~/UdJJ{ ijf:~
DA TED: December 1,O. 2006
_.A?.#'#
~~=
SHIPLlEHT NO.
SHIPl.lENT OATE
'WEIGhT
;laim]
314%9 78916
DATED: DecembeJ
FAOM (COMPANY N)J,.lE)
p
~
~ ~~6~..r4
~ 1sel for l7ebtor and
@
~ JDGE, We.
ATTN; (!"^i.lEJD€PT.)
The Stipulation is granted in its entirety.
IT IS SO ORDERED.
DATED: lID:! 1 /fO;
~;ui4C~
THEfrONORABLE ERlTHE A. SMITH
KENNETH KUBOTA
ROBERT KUBOTA, ETC
CLASS 4 ACCOUNT
PH. 714-545--6332
17330 NE'NHOPE. ST. STE G
FOUNTAIN VALLEY. CA 92708
16-49 35
1220
0:J.51C613C4
2030
1-3-07
DATE
PAY TO THE
ORDER OF~
1$ 8,463.00
Eiqh t thousand four hund rpn ~ i xt-y t-hrp", ~nd....+leqiOOs 61 ~,~.:::"
UNION BANK OF CALIFORNIA
ADMI.S AYH~Uf #J5
8899 AO,.l.MS A'ff.., HU/'ffi"'G,OH 8EACH. CA 926..6
800238.1"'86
Space C-ll
MEMO
SIGNATURE
BANXING
.../ rl / _..~ ~.____"".
_._~~ ~--
4J98D2.2
,4,
4-51
~
~
thls Stipulation,
"'!!!"'tJ.s..;r::T SHIP!.IEN'T HO. :;;HIPI.lEHT DATE
-""'~-= 31Y %9 75114
'/'r1'::IGC""
8,
Except for those cia
FROM (COMPANY NAM~
upon Tenant's receipt of the Settler
respective successors and assigns a
employees, agents, representatives, TO ICOM?mYNAMEj
DHL CAr,NOT DEU\'~R TO P.O. BeA
and completely release, remise and
iA
ZIP CODE {REeL'I;:E::
obligations and other demands, incJ
fo rth above, whether know or unkn
Ch I,~','e
,ihcr
b, fully
.! ~. :: s,
c.. sel
:q~S
a2ainst Jade Bav Mobile Lodge. Inc" its officers, directors, employees, agents (inc!ud'cs but not
I
KENNETH KUBOTA
ROBERT KUBOTA, ETC
CLASS 4 ACCOUNT
PH. 714-545-6332
17330 NEWHOPE ST. STE G
FOUNTAIN VALLEY, CA 92708
15-49 ::l5
1220
0:J5100 I 304
2032
~
1":3~07
DATE
c
-
PA Y TO THE
ORDER OF
1$ 8,665.96
g Ii 10111GRs 6J "":,~.::
r
Eiqht thousand ~ix hundred
( UNION BANK OF CALIFORNIA
sixtv f;vp ';::!nn
SIGNATURE
BA..l'naNG
(
Ao......u AYl!N"Uf ,JS
8699 )U)~ A'ft., HVN"m.clo,... StACH, CA 926-16
BOO 238 "-'ls6
Space C-17
-~-~--"
MEMO
ktly
ichi
ay
,r any
:btor's
.
opCl1y
l'
waive and relinquish any and all rights and benefits they may otherwise have under or by re2son
of Section 1542 of the Cali[ornia Civil Code (which provides as set forth below) and/or any olher
statutes or common law principles o[ similar e[[ect.
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time o[ executing the release, which i[known by him must have
materially affected his settlement with the debtor,"
! 0, 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
S8,665,96, representing Tenant's Mobilehome Value Claim in the amount 0[$10,000,00, less
estimated rent and utilities in the arnoW1t of$834,04 ($342,02 rent, $7500 utilities, for twO
months - January and February 2007) [or Tenant's continued occupancy at the Park from the dJte I
hereo[through February 28,2007, less a holdback (the "Holdback") in the amount ofS500 00 (in I
4 J 9S02.~
.4-
4-52
I
'T
Ihis Stipulation.
2
8.
Except for Ihose claims and rights assigned to doc Claim Assignee, and di, .:.
II McCauley), rcprescnlatives. shareholders, affiliates (including but not limited t" th. ~'rl"kichi
10 limited 10 Stu Mobdehome Park Managemenl, Inc., Michael Ciril!o, Barbara Bames and Bctly
9 against Jade Bay Mobile Lodge, Inc., its officers, directors, employees, agents (including bu: n
8 fonh abovc, whether know or unknown, suspected Or unsuspected, thai Tenant may possess
7 obligations and other demands, including any relaling to the Mobile Home Value Claim as se
b and completely release, remise and waive any all claims, actions, causes of action, liabil'i'"".
5 employees, agcnts, representatives, shareholders, affiliates, successors and assigns, hereby
4 respective successors and assigns and each of them, and his/her respective officers, director:,
3 Upon Tenant's receipt of the Settlement Funds as defined in Paragraph 10 below, Tenant, hlS.
KENNETH KUBOTA .
ROBERT KUBOTA, ETC
CLASS 4 ACCOUNT
P11 71 +-545.8332
17:i30 NEWHOPE ST. STE G
FOUNTAIN 'VALlEY, CA 9VC6
11:1-49.:l5
W
~1001:>>l.
oATZ_1-25-0.L...
2042
'iuy
Or ~L;
PAY TO nu;
ORO~f'l QF__
----.J $:_~_, ~.1? .?15, .
06 / 1 Qj~!LL,^S 8 =~::.
.eb:o,"s
o
1'.
five hundred fifteen and
I, Ei ght thousand.
UNION BANK OF CALIFORNIA
Ai:lJ,.I.U.....",,.,Vl ~ ~ 6
aa99 ~ AVI., Hu-m~QTCt-I tlv.<::l'\. ca. n -4
GOO 2J.S 044!l6
Space C-3
roper1/
SIGNATURE
BANXlNG
---~~--~_..._._~
y
11
t S
MeMO
:3S0r:
2d
lotJ""Ler
r-" -.......A......' .....111.,,'-1.
:'1
UA general release does not extend to claims which the credilor does not know or su.spe:t
to exist in his favor at the time of executiog the release, which if known by him must 113'.'C .
materially affectw his settlement with the debtor."
22
23
10.
24
111 exehmge for the above consideration from Tenant, including the releases
specified in Paragraph 8 and 9 abOYe, the Claim Assignee has agreed to pay (0 Tenant the sum of
,
25
26
27 !
2 8 ~
I
monlna - Januar;, and February 2007) for Tenant's conrinued occupancy at the Park from the delle
estimated rent and utilities in the amount of5984 04 ($342.02 rent, $J 50.00 uliJllios, for two
$8.515.06, representing Tenant's MobiJehome Value Claim in the amount ofS10,OOO.00, less
hereo[through February 28, 2007, less a holdback (the "Holdback') in the amount of5500.00 (in
4J <;:202 ~
.4.
4-53
F'H,:;J.c:: 1':';
-=-:--c\.:.:u,
Fr='I ~::.ll:22F'I"\ 10:
'--'
\,
v
obligatio"', liabilrtieoJ, dem.1..'\Da, claims, CO"'" exptM"", debts, controversie9, damages, rightl,
2. actions, or causes of action re\caso:l punuant to t.hil Agreement. Tne Parci~ also agree to defend;
J inckmnif'y and hold one anotber hannlm a,gainst IlJ\Y obliglltion, \lability, demand, claim, cost,
4 o<pe:1&O (including but not limited to a:llorney9' fees incurred), debt, CDntroversy, damage, action
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DATED: D=::mOer ~ 2006
SHIPMENTNQ
SHIPMENT DATE
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PRESHfl
RINGST)
KENNETH KUBOTA
ROBERT KUBOTA, ETe
CLASS 4 ACCOUNT
PH. 714-545-6332
17330 NEWHOPE ST. STE G
FOUNTAIN VALLEY, CA 92708
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SIGNATURE
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ATTACHMENT 6
CHAPTER 9.40
CHULA VISTA MUNICIPAL CODE
i "455'5
Chula Vista Municipal Code
9.40.010
Chapter 9.36
DISCHARGING WEAPONS'
Sections:
9.36.010
9.36.020
Prohibited generally.
Exception.
* For statutory provisions concerning control of con-
cealed weapons, see Pen. Code S 12000, et seq.
9.36.010 Prohibited generally.
It is unlawful for any person to shoot or dis-
charge any gun or frrcarm, when the same is loaded
with any shot or bullet, which will be, by such dis-
charge, discharged therefrom, within the corporate
limits of the city. (Prior code S 20.16).
9.36.020 Exception.
Notwithstanding the general prohibition in
CYMC 9.36.010, it shall not be unlawful to shoot
or discharge any gun or firearm in that portion of
the incorporated territoty of the city ofChula 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 Gtay Lakes Road east to the
480-foot contour line along the western
edge of the Lower Gtay Reservoir; follow-
ing the 480-foot contour line southerly
along the western edge of the Lower Gtay
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 year, as specified in that program). (Ord. 2370
S 1,1990).
LX. Mobilehome Park Residence Protection
Chapter 9.40
HOUSING ASSISTAl'lCE
Sections:
9.40.010
Mobilehome park and trailer park
conversions - Purpose and intent.
Defmitions.
Application for conversion or
discontinuance of mobile home or
trailer park.
9.40.020
9.40.030
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
mobi1ehome and trailer parks to other uses or the
discontinuance of use of mobilehome Of trailer
parks on the ability of displaced mobi1ehome or
trailer owner/occupants to fmd adequate spaces in
other such parks. It is the intent of the council to
impose upon park owners choosing to convert or
discontinue their mobilehome or trailer park oper-
ations, whether located in exclusive mobilehome
park zones or in other commercial or resi?ential
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 parks 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 parks where the park 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
park on a specific date within three years of that
written notification. (Ord. 2299 S 1, 1989; Ord.
1982 S 1, 1982).
9-43
4-56
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 ofthe
California Health and Safety Code.
B. "Mobilehome park" is an area of land where
two or more mobilehome sites are rented, Of held
out for rent, to accommodate mobilehomes used
for human habitation, and where the predominant
number of sites are 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
ofthis chapter only, does not include the following
recreational vehicles as defmed 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 park," for the purpose of this chap-
ter only, is an area of land where two or more trailer
sites are rented, or held Qut 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 Ij I, 1990; Ord.
22991j I, 1989).
9.40.030 Application for conversion or
discontin,~ance 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 pennit, which would allow the
use of any properties presently or hereinafter uti-
lized for mobilehome or trailer parks to be used for
any purpose other than a mobilehome or trailer
park, or prior to the cessation of use of all or any
part of a mobilehome or trailer park, 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
park is:
1. Located within an exclusive mobilehome
park zone;
2. Located within a zone subject to condi-
tional use pennit; or
3. Entitled to be used as a'mobilehome or
trailer park based on nonconfonning rights.
B. Application Requirements. The following
information or documentation shall constitute
application for conversion or discontinuance of an
existing mobilehome or trailer park.
I. A relocation plan which shall make ade-
quate provision for the relocation of the mobile-
home or trailer owner/occupant who will be
displaced by the discontinuance of the use of the
property for a mobilehome or trailer park;
2. A profile of the existing park, 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 park;
4. Evidence satisfactory to the community
development director that agreements satisfying
the relocation assistance requirements of this chap-
ter have beel1 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 park 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 park owner has informed
all mobilehome or trailer owner/occupants in writ-
ing of alternative sites available to them;
6. Evidence that the park owner has agreed
to purchase those homes of low- and mnderate-
9-44
4-57
Chula Vista Municipal Code
9.40.030
income mobilehome or trailer owner/occupants
which are 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 Of 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 a three-year 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/
Occupant Vacates
Before End of
First year
Second year
Third year
Portion of
Expenses Paid Up to a
by Owner Maximum of
75% $3,000
50% $2,000
25% $1,000
C. Submittal to and Decision ofthe Community
Development Director. All of the above applica-
tion information shall be submitted to the commu-
nity development director. The community
development director shall make his decision in the
following manner:
1. If the community development director
determines 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 park owner mitigate the impact of
conversion or discontinuance on the health, safety
and general welfare of persons residing in the
mobilehome or trailer park, he shall grant the appli-
cation for conversion.
2. If the community development director
detennines 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 park owner do not mitigate the
impact of conversion or discontinuance on the
health~ safety or general welfare of persons resid-
ing in the mobilehome or trailer park, he shaH deny
the application for conversion.
3. The communitY development director
may establish the date on which the resolution of
conversion or discontinuance will become effec-
tive. Such date shall not be more than three years
from the date of decision of the community devel-
opment director, or such earlier 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 direc-
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 finding 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 director shall be fmal on the fifteenth day fol-
lowing the mailing of the decision to the applicant
and the mobilehome or trailer owner/occupants
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 Director.
1. An appeal from the decision of the com-
munity development director on an application for
conversion or discontinuance of a mobilehome or
trailer park may be taken to the city council within
15 days foHowing the decision of the community
development director. The appeal may be taken by
the applicant, any govemmental 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
4-58
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 ofthe hearing;
b. By mailing notices at least 10 days
prior to the date of such hearing to the mobilehome
or trailer park owner and to all mobilehome or
trailer owner/occupants of the mobilehome or
trailer park.
3. Upon the hearing of the appeal, the city
council may by resolution affirm, reverse or mod-
ifY in whole or in part any determination of the
community development director, subject to the
same limitations as are 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
final 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 park owner
in lieu of the specific provisions herein if extreme
economic hardship would result for the park
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 mobile home or trailer park use:
1. A minimum of 10 calendar days prior to
an applicant filing an application for conversion or
discontinuance of the mobilchome or trailer park,
the applicant shall give written notice to each
mobilehome or trailer owner/occupant of the
rnobiIehome or trailer park of the proposed change.
Such notice shall be subject to the prior approval of
the community development director.
2. No public hearing required hereunder to
consider an application for conversion or discon-
tinuance of a rnobilehome or trailer park 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 declaring
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
parks 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
park where conversion to other uses or 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 year from
the date of lease cancellation or eviction from the
rnobiIehome or trailer park. (Ord. 2790, 1999; Ord.
2368 S 2, 1990; Ord. 2299 S I, 1989).
9-46
4-59
ATTACHMENT 7
SECTION 7.17
LAND USE AND TRANSPORTATION ELEMENT
CHULA VISTA GENERAL PLAN
4-60
7.17 - Evaluations for Mobilehoroe Developments: IYlobilehome Overlav District
As noted in LUT Section 7.1 and in Housing Element Part L Section 3.0. maintaining an
adequate sunnlv of land desigoated aod zoned at anpropriate densities to sunport a variety of
residential housing tvnes is an imnortant corononent of ensuring sufficient diversity and
balance to meet the needs of existing and future residents.
In Chula Vista. mobilehome developments have historicallv been a nart of that supplv. and
have effectivelv provided a unique and affordable housing source. Housing costs for
mobilehome Jiving are often lower than market rates for other types of housing such as
comparable sized rental apartments. As such. it is not uncommon to find that manv of the
households residing in mobilehome developments are living on fixed incomes. or are
otherwise in need of lower-income affordable housing. Additionallv. manv'residents own
their own coach. but rent or lease the land space. leaving them vulnerable to changes in land
use. These circumstances can present added challenges in finding suitable replacement
housing options for mobilehome residents in the event of potential closure of one or more of
these developments.
As shown on Figure 5-l8(A). there are currentlv 32 mobilehome developments within the
City in a variety of settings ranging from well organized and maintained parks with exclusive
Mobile Home Park (MHP) zoning. to less formal and often smaller trailer parks in areas
zoned for commercial or other development. Within the Urban Core Subarea. 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 throughout the region. the likelihood for potential closure of
some mobilehome developments over time is real.
In recognition of these circumstances. and in order to better balance the often unique needs of
mobilehome residents with the challenges in locating suitable replacement housing. it is
important that analvsis and planning be undertaken in accordance with the principles of the
Housing Element obiectives prior to the Citv's consideration of anv requested change in use
and/or rezoning affecting any of the existing mobilehome sites. In order to accomplish this.
the Mobilehome Overlav District is established to ensure that the appropriate evaluation and
consideration of the affects of potential changes in use and/or urban redevelopment on this
unique form of housing from the standnoints of housing opportunity. affordability. and
displacement replacement and/or relocation assistance is conducted in accordance with the
principles et forth in the Housing Element and the Municinal Code.
As stated in the following Objective and Policies. the Mobilehome Overlav District ensures
that the analysis and planning on the affects of closure on existing mobilehome residents is
conducted and that the propertY owner and/or proiect proponent has prepared and carried out
a plan to address those affects as required bv the Municipal Code.
4-61
Obiective - 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.l Prior to the City's consideration of anv proposed change of use and/or
rezoning pursuant to Municiual Code Chapter 9.40 of any mobilehome development
properties within the City as identified on Figure 5-18! A). the property owner and/or proiect
proponent shall prepare a ulan in conformance with applicable State and City regulations
including Municipal Code Chanter 9.40. and to the satisfaction of the Director of Planning
al1d Building and the Director of Community Development that provides steps and
urovisions to mitigate any adverse impacts of the conversion on the affected residents.
LUT 34.A.2 At the time of consideration of any change of use and/or rezoning of any
of the mobilehome uroperties noted above. the City Council shall review the nlan prepared
under Policy 34.A.L and nrior to taking action on said change of use and/or rezoning in
accordance "ith the requirements of Municinal Code Chanter 19.06 and section 19.12.020.
shall make the following findings:
. That the proposed change of use and/or rezoning will not adverselv affect attainment
of the City's goal to nrovide a variety of housing outions within the City. !Housing
Element Obiective 3)
. That the proposed change of use and/or rezoning is supoorted bv sound plarning
principles. and higher density. affordable replacement housing within the City will
remain in sufficient suuplv. !Housing Element Obiective 3)
. That the property ov,oer and/or proiect PTouonent plan does ensure sufficient
evaluation and response to the effects of the change of use and/or rezoning of the
existing mobilehome development. !Housing Element Obiective 4)
. That the proposed change of use and/or rezoning will not result in severe or undue
hardship on affected mobilehome residents. !Housing Element Obiective 4)
. That the property ov,oer and/or moject proponent plan complies with applicable City
and State mobilehome conversion and relocation regulations. !Housing 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 requirements of CYMC Section 9.40 and
applicable State regulations. and to the satisfaction of Directors of Planning and
Building and Community Development.
4-62
Mobne Home Overlay !D8strict
~1;;;,Ht;<
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w
LEGEND
,,"......./ General Plan 8ou'ndary
/............/. City Boundary
I!:ilE9 Mobile Home Overlay District Areas
A
....,~ :l:
.....- 1 ~
L~:'~{~
r"-u-,,-,,-,,- .~
_.I !
I
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r-I
_1 _
.. I
\. I
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......--.::_~
LI :
NORTH
N.T,S.
Figure 5-18A
Existing Mobile Home Parks
In Overlay District
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
6 Trailer Villa
7 Terry's Mobile Home Park
8 Mohawk Trailer Park
9 Terry's Broadway Trailer Park
10 Rose Arbor Mobile Horne Park
11 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 ParI<
19 Rancho Bonita Mobile Home Park
20 El Mirador 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 Luis Estates
32 Otay Lakes Lodge
Page LUT-130D
~\If?-
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1]IYOf
Cl-UJLAVISTA
ATTACHMENT 8
MEETING MINUTES
PLAL~~G COMMlSISON
4-64
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 I MOTIONS TO EXCUSE:
Members Present:
Member Absent:
Clayton. Moctezuma, Vinson, Spethman, Thompson
Tripp, Felber
MSC (ClaytonIMoctezuma) 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, for a 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 08-04
recommending that the City Council adopt the Draft City Council Ordinance and Resolution.
4-65
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 fiexibility in
addressing the unique characteristics of the property in relationship to its surroundings, but
is of the opinion that perhaps instead of the P-modifrer 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 compatibilily 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 Acerra 6:46: 11 PM
Dolores Dempsey
.S:" ,
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
4-66
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 Cmf. Spethman stated he concurs with emf. 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 (VinsonfSpethman) (4-1-0-2) to support including the P modifier.
Motion passed with Gmr. Thompson voting against it.
4:"'67
ATTACHMENT 9
OWNERSHIP DISCLOSURE FORM
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Planning Division
Department
Development Processing
CI1Y OF
CHULA VISTA
APPLICATION APPENDIX 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 b" 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 a non-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 malter.
MAY Group. Inc.
foe ...ts( cYY' , r1C .
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_ No2--
If Yes, briefiy describe the nature of the financiai 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 ~ Yes _If yes, which Council member?
276 Fourth Avenue
Chula Vista
QI>W~nia
91910
(619) 691-5101
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p I ann
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Planning Division
Department
Development Processino
o
CITY OF
CHUIA VISTA
APPLICATION APPENDIX 8
Disclosure Statement - Page 2
7. 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 NOL-
If Yes, which official" and what was the nature of item provided?
Date: \ '2- \ 1 "Ii' \ 0"1 (p1?J jlit
f '
~f\'\('v,,"^,"v~ i\--l\ I'
Signature of Contractor/Applicanf '
Marwan A. Younis
type name of Contractor/Applicant
Print 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, Mem!:Jer of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Chula Vista
~a.Lr1'O n i a
91910
(&19) 691-5101
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RESOLUTION NO.
RESOLUTION OF THE CfTY 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
CURRENTL Y 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 depicted on Attachment "A"; 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 Park) 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 atlects 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 05-01, 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, a City Council hearing on the project was noticed for July 14, 2009, and
was continued to a date uncertain; and
WHEREAS, the applicant requested that further action on the application be placed on
hold until a later date; and
4-71
Resolution No.
Page 2
WHEREAS, on or about June 6, 2010, Applicant requested that the matter be moved
forward to a hearing before the City Council for a decision; and
WHEREAS, the City Clerk 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
WHEREAS, the hearing was held at the time and place as advertiscd, namely 4:00 p.m.
on August 10, 2010, in the Council Chambers located at 276 Fourth Avenue, and said hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby finds that the
following findings 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 currently vacant and, therefore, does not currently contribute any
units towards the housing stock. Since the development of the Jade Bay Mobile Lodge
there has been a greater diversity of housing types developed for a variety of income
limits within Chula Vista, offering more varied housing options. Rezoiling 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 LVT 1.9, which is to provide opportunities for devclopment 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 single-
family dwelling. The City's General Plan land use designation 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 I,.VT 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 are not limited to, the maximum intcnsity 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.
4-72
Resolution No.
Page 3
nIE PROPOSED CHANGE OF USE AND/OR REZONING IS SUPPORTED BY
SOUND PLANNING PRINCIPLES, AND HIGHER DENSITY, AFFORDABLE
REPLACEMENT HOUSING WITHIN THE CITY WILL REMArN IN SUFFICIENT
SUPPL Y.
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 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 area.
Any future development will be required to comply with the City's Balanceu
Communities ("Inclusionary") I-lousing 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 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 TI-IE PROPOSED CHANGE OF USE/AND OR
RESULT IN SEVERE OR UNDUE HARDSHIP
MOBILEI-IOME RESIDENT.
REZONING WILL NOT
ON ANY AFFECTED
There will be no undue hardship on "affected mobilehome residents" as there are
currently no mobilehome home park residents to be "affected" by the rezone. All of the
residents agreed to vacate the park, signeu contracts agreeing to accept the relocation
benefits under the confirmed Chapter 11 plan as full settlement of any and all claims they
had or may have in the future for relocation benefits, and subsequently moved out of the
mobile home park over three years ago. Additionally, the applicant has indicated that the
previous tenant, Jade Bay, provided assistance above and beyond that required by the
court. As the site is currently vacant, no residents will be affected by, nor suffer "severe
or undue hardship" from the rezone; thus, this eonuition has been met.
THAT THE PROPERTY OWNER AND/OR PROJECT PROPONENT PLAN
COMPLIES WITH APPLICABLE CITY AND STATE MOBILE HOME PARK
CONVERSION AND RELOCATION REGULATIONS.
The St'lte mobile home park regulations addressing closure and rezone are expressly
inapplicable in situations where the park operator is adjudicated bankrupt. Though such
regulations are not applicable, the Federal Bankruptcy Court did ensure that the tenants
received relocation benefits and that the park was closed in accordance with City of
Chula Vista regulations to the extent possible. The tenants also agreed to sign a contract
accepting the benefits as complete satisfaction of any claims they might have under state
or local law. All residents did so. Most importantly, the requirement of a plan is only
applicable in situations where there is an existing mobilehome park with residents. The
4-73
Resolution No.
Page 4
site is currently vacant and no residents live on the site; therefore, this finding that the
property owner and/or project proponent complies with applicable city and state mobile
home park regulations has been met.
THAT PRIOR TO TI-IE 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 ST ATE REGULA nONS. AND TO THE
SA TISF ACTION OF DIRECTOR OF DEVELOPMENT SERVICES.
The specific requirement to prepare and ensure conformance of a detai led closure and
relocation plan "prior to the commencement of any closure' is not applicable under the
existing circumstances as the property owners are not requesting the closure of the Jade
Bay Mobile Lodge. The park was closed previously through the federal bankruptcy
proceedings. In addition, there arc no residents currently residing in the park; thus, there
are no individuals to relocate or to which benefits would be due through this action. This
finding is, therefore, inapplicable.
Presented by
Gary Halbert, PE, AICP
Assistant City Manager/
Development Services Director
4-74
ORDINANCE NO.
ORDINANCE OF THE 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 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 depicted on Attachment A; and
WHEREAS, an application to amend the Zoning Map was made by SKK Realty, LLC
("Applicant") and filed with the City ofChula 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 Modi fying District, ("Project"); 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 05-0 I, 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, a City Council hearing on the project was noticed for July 14,2009, and at the
request of staff.was continued to a date uncertain; and
WHEREAS, the applicant requested that further action on the application be placed on hold
until a later date; and
4-75
Ordinance No.
Page 2
WHEREAS, on or about June 6, 20 I 0, Applicant requested that the matter be movcd forward
to a hearing before the City Council for decision; and
WHEREAS, the City Clerk 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
WHEREAS, the hearing was held at the time and plaee as advertised, namely 4:00 p.m. on
July 27, 2010, in the Council Chambers located at 276 Fourth Avenue, and said hearing was
thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
1. 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 are evident, which allows the application of the
"P" Precise Plan Modifying District to the project site.
1. THE SUBEJCT PROPERTY, OR THE NEIGHBORHOOD OR AREA IN WHICH THE
PROPERTY IS LOCATED, IS UNIQUE BY VIRTUE Of TOPOGRAPHY,
GEOGRAPHICAL CHARACTERISTICS, ACCESS, CONFIGURATION, TRAFFIC
CIRCULA nON OR SOME SOCIAL OR HISTORICAL SITUATION REQUIRING
SPECIAL HANDLING OF THE DEVELOPMENT ON A PRECISE PLAN BASIS.
The City Council finds that the proposed P-modifier will provide necessary safeguards so
that at the time of future development of the site, consideration will be made ofthe unique
characteristics of the site as well as its location and surroundings. Currently, the subject
property is only accessible from two sides ofthe subject property, from Woodlawn Avenue
and 0 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 ofthe site. The P modifier would allow tlexibility
in the future to make modifications to development standards 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 are being requested at this time.
4-76
Ordinance No.
Page 3
2 THE PROPERTY OR AREA TO WHICH THE P MODIFYING- 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 proposed P-modifier will allow future devclopment of the site to achieve greater
compatibility with the existing surrounding land uses. Directly north ofthe 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 ofboth single and multi-family development. To the south ofthe project
site, the land, which is zoned MHP (Exclusive Mobilehome Park), 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, statlbelieves that
the application of the P-modifier to the project site will allow greater design control over
the eventual development of the project sitc to insure compatiblity with the existing uses
surrounding the project site. Due to the proximity ofInterstate 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.
3. THE BASIC OR UNDERLYING ZONE REGULATIONS DO NOT ALLOW TI-IE
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 standards under the R-3 ("Apartment Residential Zone") may be
insufficient with respect to providing the City with the "appropriate control orflexibility
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 may be achieved. In this regard, 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.
4-77
Ordinance No.
Page 4
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 tindings 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.
Presented by
Gary Halbert, PE, AICP
Assistant City Manager!
Development Services Director
4-78
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