HomeMy WebLinkAboutAgenda Statement 1982/05/18 Item 13
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COUNCIL AGENDA STATEMENT
1982
ITEM TITLE: Public Hearing and Ordinance -Amending Title 9 of the Municipal Code by
Adding Thereto a New Chapter 9.40 entitled "Housing Assistance" Relating to
the Requirements for the Conversion of ~%:~dNbl~Eldlf,.~ A~J19t~'tl'o~!ffelN
SUBMITTED BY: City Attorney . (4/5ths Vote: Yes_ No.JL)
Item <1(X~ 13
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Meeting Date ~~kk~~~ 5-18-82
On January 12, 1982, the City Council directed staff to draft changes to the Municipal
Code which would require relocation assistance to be provided to displacees of an MHP-
zoned mobilehome park by a park owner applying for a rezonlng of the park to another
use. The City Council further directed that the residents of mobilehome parks in the
City not currently zoned MHP also be protected by these Municipal Code changes. The
necessary amendments to the Municipal Code have been drafted.
RECOMMENDATION: Conduct the Public Hearing and adopt the proposed ordinance amending
Title 9 of the Chula Vista Municipal Code
BOARD/COMMISSION RECOMMENDATION: On December 9, 1981, the Affordable Housing Subcommittee
of the Human Relations Commission endorsed the provision of some form of relocation
assistance to displaced mobilehome park residents.
On December 9, 1981, the Ad Hoc Committee on Mobilehome Issues studied the mobilehome
relocation assistance issue in depth. On March 5, 1982, the Ad Hoc Committee considered
and endorsed the specific changes in the Municipal Code providing such relocation
"- -i stance.
D1SCUSSION:
Displacement of "mobile" homes must be seen as a significant event in light of the
estimate that 97% of all modern mobilehomes are never moved off site after delivery
from the factory. The unique tenancy conditions of mobilehome owners require the
assistance provided in the ordinance which will alleviate the burden of displaced
coach owners.
Initially, the proposed changes would have been placed in the zoning ordinance as an
implementation of Section 65363.7 of the Government Code, which was added by AB 2234,
and is a modification of the State Planning Act addressing the problem of conversion
of mobilehome parks in terms of land use.
However, the City Attorney has expressed great concern over the use of the zoning
ordinance as a tool to effect social change. Both the Supreme Court of the United
States in the Cleveland v. Moore case and the California Supreme Court in the
Adamson case have expressed similar opinions that zoning regulations were not intended
to accomplish social justice.
After preparing the initial ordinance so amending the zoning ordinance of the City and
at the direction of the City Council, further discussions were held with the Planning
staff which resulted in a determination that a more appropriate place in the Municipal
Code for provisions relating to relocation would be Title 9 relating to the Public
Peace, Morals and Welfare.
Continued
Form A-113 (Rev. 11/79)
Agenda Item No ;fXX)% 13
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Meetlng Date: 901Ma2 5-18-82
P age Two
Although the ordinance is essentially the same in that it becomes applicable in
circumstances where a mobilehome park owner seeks a rezoning from the MHP zone or
a discontinuance of mobilehome park use in any zone and.thus does relate to land
use, it is essentially a tool for ameliorating the impact of displacement of
mobilehome owners as a result of changed land use and does not involve basic
land use issues except as they may relate to broad citywide economic constraints
upon mobilehome owners. It also eliminated the Planning Commission as a hearing
body to determine social needs rather than land use problems. The procedure
recommended by the Planning staff, and concurred in by the City Attorney, also
permits the establishment of a relocation assistance program without numerous
hearings before both the Commission and the City Council.
It should be emphasized that even though the relocation assistance program is not
to be a part of our zoning ordinance, it has the same efficacy as the overlay zone
presently in effect in the unincorporated areas and will provide to the mobilehome
owners in any territory to be annexed to the City the same degree of protection
as they are presently afforded in the County areas.
FISCAL IMPACT: N/A
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