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Home My WebLink About2006/10/24 Item 12 CITY COUNCIL AGENDA STATEMENT Item No.: /:J- Meeting Date: 10/24/06 ITEM TITLE: . Public Hearing: Consideration of a proposed General Plan amendment and Urgency Interim Ordinance to establish a Mobilehome Overlay District. Urgency Interim Ordinance of the City Council of the City ofChula Vista Establishing a Mobilehome Overlay District SUBMITTED BY: Resolution of the City Council of the City of Chula Vista Approving an Amendment to the City's General Plan to Establish a Mobilehome Overlay District Director of Planning ~ildin~ Interim City Manager d/ REVIEWED BY: 4/5ths VOTE REQUIRED: Urgency Interim Ordinance Yes X No Resolution Yes_ No X One of the major focuses of the comprehensive General Plan Update adopted in December 2005 was the need for urban revitalization and redevelopment, particularly in western Chula Vista. During those deliberations, one of the questions raised by the community was concern over the possible displacement of existing residents when redevelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area. This was of particular interest to mobilehome residents as their housing costs are often lower than market rates for other comparable sized housing units such as rental apartments. In order to better ensure that the often special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome area, the proposed General Plan amendment (GPA) would incorporate existing policies of the City's Housing Element to create an Overlay District encompassing all existing mobilehome developments within the City, and effectively require preparation of a plan of action to address any adverse effects of conversion, as already provided by the Municipal Code, prior to City consideration of any change of use and! or rezoning. RECOMMENDATION: That the City Council adopt: . The Urgency Interim Ordinance, and . The Resolution approving the proposed General Plan amendment, and 12-1 /d Page No.2, Item No.: Meeting Date: 10/24/06 BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on the proposed GPA on October 18, 2006, and recommended City Council approval of the proposed amendments (vote 5-0-1-0) with minor modification to wording of Policy LUT 34.A.I. Staff will present that recommended change to City Council at the public hearing. ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has determined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to California Code of Regulations Title 14, Chapter 3 Article 20, Section 15061 (b )(3). DISCUSSION: Backl!round- The General Plan serves as the long-range vision for orderly growth and development within the City. Among its many goals and objectives is the need to maintain an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types. This is in recognition of the need for the housing to respond to the varying income levels and lifestyles of existing and future residents as stated in the General Plan Housing Element. In Chula Vista, mobilehome developments have historically been a part of that supply, and have effectively provided a unique and affordable housing source. Housing costs for mobilehome living 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 many of the households residing in mobilehome developments are living on fixed incomes, or are otherwise in need oflower-income affordable housing. Additionally, many 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. There are currently 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. While many of the existing parks are not within areas envisioned for change by the updated General Plan, there are, for example, several within the Urban Core Subarea where higher density housing and transit-focused mixed uses are envisioned to occur. Given growing housing demands and rising land costs throughout the region, there will likely be increasing market pressure over time for some mobilehome parks to convert to higher density housing and other urban uses. With the onset of implementation efforts under the updated General Plan, such as the Urban Core Specific Plan, the possibility for urban redevelopment activities draws closer, including the possibility of potential closure and redevelopment of mobilehome park sites. In order to be better ready to handle such a circumstance, and be best equipped to balance the often unique needs of mobilehome residents with the challenges in locating suitable replacement housing, 12-2 Page No.3, Item No.: /;;L Meeting Date: 10/24/06 staff is proposing to establish a General Plan-level Mobilehome Overlay District that incorporates existing polices of the City's current Housing Element and the Relocation Assistance Ordinance. As outlined below, the Mobilehome Overlay District achieves two primary purposes; the first is to provide a level of protection for residents by incorporating and implementing existing requirements for the due evaluation of the affects of a proposed closure on existing mobilehome residents, along with assurances that. the property owner and/or project proponent carries out a plan to address those affects prior to closure. The second is to provide clear and constructive notice to property owners regarding the City's intents and requirements when redevelopment and lor rezoning of mobilehome park sites are proposed. Including an Overlay District in the General Plan provides a high-level, citywide policy statement to affirm the importance and need to evaluate and consider the affects of potential changes in use and/or urban redevelopment on this unique form of housing from the standpoints of housing opportunity, affordability, displacement, replacement and/or relocation assistance and incorporates the policies and objectives of the City's General Plan Housing Element. Content of the Proposed General Plan Amendment - As presented in Attachment 1, the proposed General Plan amendment consists of two main components as summarized below: I) A proposed new Section 7.17 in the Land Use and Transportation Element entitled "Evaluations for Mobilehome Developments - Mobilehome Overlay District"- This Section presents a background discussion and purpose for the District, along with a description of the Objective and two related Policy statements which fully integrate the existing Policies and Objectives of the City's current Housing Element into the GP A. The text of the Section contains much of the same information and context presented in the above Background section of this staff report. As discussed above, the first of the two policies (LUT 34.A.l) fully integrates the Policies and Objectives of the Housing Element and establishes that the property owner and/or project proponent must prepare a plan in conformance with applicable State and local regulations prior to the City's consideration of any change of use and/or rezoning involving the subject mobilehome property, that provides steps and provisions to identify and address any adverse impacts of the conversion on the affected residents. The second of the two policies (LUT 34.A.2) also fully integrates the Policies and Objectives of the Housing Element into the GPA and establishes that the City Council must review the plan and make certain findings prior to taking action on the proposed change of use and/or rezoning as required by Municipal Code Section 19.12.020 and Chapter 19.06. Among those six findings are that the plan does ensure sufficient evaluation and response to the effects of the resulting closure on the mobilehome park residents, and that an adequate, detailed closure and relocation plan will be fmalized and carried out prior to the closure of the affected mobilehome development. Both the Planning and Building Director and the Community Development Director are given discretion in ensuring sufficient plan content. 12-3 T /SJ- Page No.4, Item No.: Meeting Date: 10/24/06 2) A new Figure 5-l8(A) also in the LUT Element entitled "Mobilehome Overlay District" The Figure presents a map and list of all 32 existing mobilehome developments within the City that are included in the proposed Overlay District that are currently subject to the relocation requirements set forth in Municipal Code Chapter 9.40. Staff acknowledges that due to varying ownership situations and other factors, . including planned land use, that a number of developments may not be subject to conversion. Including all the developments at the General Plan level, however, ensures that the same considerations would be given to any mobilehome development in the event that it is proposed for a change of use and/or rezoning, regardless of likelihood. Purpose and Intent of Proposed Url!:encv Interim Ordinance The protection of the unique type of housing alternative provided by mobilehome developments must be considered when development proposals for these properties are entertained. Conversely, the rights of property owners must also be taken into consideration. The proposed urgency ordinance not only mirrors the purpose and requirements contained within the draft General Plan Amendment, but also meets the Policies and Objectives of the existing General Plan Housing Element and protects the public health safety and welfare by providing staff the opportunity and direction to conduct additional study and analysis in order to minimize potential impacts to mobilehome development residents upon potential future development of the mobilehome developments. Conclusions and Next Steps- Adoption of the Mobilehome Overlay District would provide one of the essentially three mechanisms to address the needs of mobilehome residents in the event of a proposed closure. In addition to the Overlay District in the Land Use and Transportation Element, the General Plan Housing Element contains the same provisions and policies regarding mobilehomes, and the City also has a mobilehome development closure ordinance (CVMC Chapter 9.40). Adoption of the General Plan Amendment and the Urgency Ordinance provides staff from the Community Development Department's Housing Division the direction to move forward with an update to the closure ordinance that will, among other revisions, make reference to the provisions of the Overlay District and establish the detailed content requirements for the closure plans called for by the Overlay District. It also provides staff the necessary time to address other significant issues, which are paramount to the mobilehome park issue. DECISION MAKER CONFLICTS: No Property within 500 feet Staff has reviewed the property holdings of all Council members and has found no property holdings within 500 feet of the boundaries of the properties, which are the subject of this action. 12-4 T /:J- Page No.5, Item No.: Meeting Date: 10/24/06 ENVIRONMENTAL STATUS: The City's Environmental Review Coordinator has reviewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has determined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to California Code of Regulations Title 14, Chapter 3 Article 20, Section 15061(b)(3). FISCAL IMPACT: None at this time. The eventual cost of'preparing the analysis and plan required under the proposed policies would be born by the property owner and/or project proponent. Attachments I. Staff proposed General Plan Amendment Text and Exhibit. H:\PLANNlNGlGeneral]lan\GPU_lmplementationIMH GPA CC Staff Report Vl.doc l:\Artomey\MichaeISb\UCSP\MHP Overlay District-CC Staff Report Vl~Final.doc 12-5 T ( ( PROPOSED GENERAL PLAN AMENDMENTS REGARDING MOBILEHOME PARK PROTECTIONS AND PROP 90- · Addition of new Figure 5-18(A) in the LUT Element: (Note: Figure 5-18(A) is a citywide graphic with numbers 1-32 on it depicting the location of existing mobilehome developments citywide, along with a list of all park names by number)(New Figure 5-18(A) would be inserted after pg. LUT-130). See attached . Addition of new LUI Section 7.17 to describe background and purpose for the Mobilehome Overlay District, and policy requiring study and Council discretionary review. 7.17 - Evaluations for Mobilehome Developments: Mobilehome Oyerlay District As noted in LUI Section 7.1 and in Housing Element Part L Section 3.0. maintaining an adequate supplv ofland designated and zoned at appropriate densities to support a varietv of residential housing types is an important component of ensuring sufficient diversity and balance to meet the needs of existing and future residents. In Chula Vista. mobilehome developments have historicallv been a part of that supplv. and have effectivelv provided a unique and affordable housing source. Housing costs for mobilehome living 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 many of the households residing in mobilehome developments are living on fixed incomes. or are otherwise in need of lower-income affordable housing. Additionallv. many 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 5-18(A). there are currently 32 mobilehome developments within the Citv 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 analysis and planning be undertaken in accordance with the principles of the Housing Element obiectives prior to the City's consideration of anv requested change in use 12-6 f:=XHlf31T 1 T I I 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 standpoints 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 Munic~pal Code. .. . As stated in the following Obiective and Policies, the Mobilehome Overlay 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 project proponent has prepared and carried out a plan to address those affects as required bv the Municipal Code. Objective - LVT 34.A Ensure sufficient evaluation and response to the effects of anv change of use or urban redevelopment of existing mobilehome developments. Policies LVT 34.A.l Prior to the City's consideration of anv proposed change of use and/or rezoning pursuant to Municipal Code Chapter 9.40 of anv mobilehome development properties within the City as identified on Figure 5-18(A), the property owner and/or proiect proponent shall prepare a plan in conformance with applicable State and City regulations including Municipal Code Chapter 9.40, and to the satisfaction of the Director of Planning and Building and the Director of Community Development. that provides steps and provisions intended to resolve anv adverse impacts of the conversion on the affected residents. LVT 34.A.2 At the time of consideration ofanv change of use and/or rezoning ofanv of the mobilehome properties noted above. the City Council shall review the plan prepared under Policv 34.A.I. and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.020. 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 provide a varietv of housing options within the City. (Housing Element Obiective 3) · That the proposed change of use and/or rezoning is supported bv sound planning principles, and will further opportunities to provide higher density. affordable replacement housing within the City. (Housing Element Objective 3) · That the propertv owner and/or project proponent 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) 12-7 T I I . 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 owner and/or proiect 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 propertv owner(s) will prepare and ensure performance ofa detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable State regulations. and to the satisfaction of Directors of Planning and Building and Community Development. H:\PLANNINGlGeneral]lan\GPU _ImplementationlDraft Mobilehome Overlay District GP A V 4.doc J\Attorney\MichaclSh\UCSP\MHP Overlay District-GPA V4-Fina1.doc 12-8 T 1S .- .. .. en .- Q ~ ca - .. = o G) E o z G) - .- .c o :IE -" Ii; ~ -c a.. ~ Cii ~ co lD a.. of: ~ -C a.. Cii a.. ~ E ~ -c-c -c~ rn ~ ~ a. ~ ~:E ~ lD ~~ ~ ~lD ~ ~~ 0 ~~~O lDID:E ElDlDm ~ ~E Cii E~-c ItO~S;-c~5~ lD o~E= a.. =~lD~a..~O~m ~~IUs=m-IO = I]O~~ lD~e ~rolD~IDa..-CDOlD>mDa..S ~m~ ~~I~ro Ero~~~a..E~lDO~roOU~~W~~~~lD2~ lD nmlDmG.. Oa..>n~~o~~~~a..~~05lD ~ D~S m~ ~~~~~ I~~~~~I~o~~~S~~o~€!~ilD~~Si ~OO~= ~=~~DrolD~~lD~=-~lDUO~~D ~ lDl~ s~~e~m~~~5~~~~~5me5~~S~~lD~~U~~Ww .!:2>.Q)a:I =:""" ....-e...::OOlllO.5~i-a:lOJ-C<<l8~. -E(/)"8(!) ~ >~~~~>"'::la:I<~~~~esm~oilDlD~ O~lD~~lD.~m CO Ot>~llImllllD~-C~~C~-~....~ClD ~ro~_ Q~~ ~!it~=~~~~ijj!~~~&~~~~~~~~5~~~cf o~m~u~~~~~o~mooa:l~(!)oo~WOUI~~(!)~~~~8o ~~MV~~~~m~~~~~~~~~~~N~~~~~~~~gM~ ,..---- f , ~-, Lll / I____-.-.J / ! (___ i .., l......--..1 I (J ., I ... -, \ \ 11\\ ~ ," (- I ~ Ii; a. ~ E 0_ J:O ~:s =1lI .gO ::;;>- .!!l cl; ;> .!:20 ttl..s ~ ~ E <: " E ~ c:- is .g ~ ~ ~ ~ ~C; fij n:l E a:g!E ~~~ c:: .a-"'8 ~i:3::!!: Cl ill ")\'1 (!) ( ./ ~ \ \ 1_' .....1__., ........"....r/......\{ \ 'i'"---- \ I \ L-, \ I \ I '. \ \ , I ~ i 1-1 L_I ........ ~~~ I _I ! ; -L.._. L'l ! ; ; L, ./ HgrllaaRd \ '\. \ \ \ "~ \...., i j i i i j I L.._.._..i -'I ,._./1 \ \ \. (. \' ~I~'" '. / \\ ~~a \. / \\ \/ , -'" ~::::'.:::-:.::.::-::.::.~:::~..:::=.._._..1 12-9 T ~I'e~ ~l 8~ :r v o o <") .-< 5 -l OJ 01 '" CL I . r--J \. I \1 '\ \- .-.J , r--) i I i I ! I ! I I..."j I <~~ 0" z Attachment 1 Page4of4 URGENCY INTERIM ORDINANCE NO. AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MOBILEHOME OVERLAY DISTRICT WHEREAS, the City of Chula Vista's current General Plan was last comprehensively updated on December 13,2005; and WHEREAS, identified among the many goals and objectives of the General Plan is the need to maintain an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types in order to ensure sufficient diversity and balance to meet the needs of existing and future residents; and WHEREAS, mobilehome developments have historically been a part of that supply in Chula Vista, and have effectively provided an affordable housing source; and WHEREAS, many of the households residing in mobilehome developments are in need of lower-income affordable housing, and housing costs for mobilehome living are often lower than market rates for similar sized rental or other housing units in the local market; and WHEREAS, 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; and WHEREAS, increasing housing demands and rising land costs throughout the region are creating increasing market pressures on the potential closure of some mobilehome developments over time; and WHEREAS, in order to address the often unique needs of mobilehome residents and the challenges and potential hardships in locating suitable replacement housing in the instance of a proposed mobilehome park closure, further analysis and plans regarding relocation are needed prior to the City's consideration of any requested change in use and/or rezoning affecting existing mobilehome park properties; and WHEREAS, the City is proposing the subject Mobilehome Overlay District to require such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or project proponent has prepared and carried out a plan to address those affects; and WHEREAS, the areas of land for inclusion in the subject Mobilehome Overlay District contain all land parcels within the boundaries of the existing 32 mobilehome developments citywide as presented on that certain Mobilehome Overlay District exhibit attached hereto as Exhibit I and 12-10 T Urgency Interim Ordinance No. Page 2 of6 which are currently subj ect to the requirements of Municipal Code Chapter 9.40 and are incorporated herein by this reference; and WHEREAS, the City Council, therefore, finds that in order to protect the health, safety and welfare of affected mobilehome development residents and th~ general public, the City must impose an immediate Mobilehome Overlay District on all 32 mobilehome,developments located throughout the City in order to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments and to provide the Director of Planning and Building, Director of Community Development, Planning Department staff, and Community Development Department staff sufficient reasonable time to study and analyze the feasibility of amending its zoning regulations. WHEREAS, Chula Vista Municipal Code Section 19.12.130 provides statutory authority and time limits for interim ordinances prohibiting any uses which may be in conflict with a contemplated zoning proposal which the City plans to consider, study or intend to study within a reasonable time; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed Mobilehome Overlay District for compliance with the California Environmental Quality Act ("CEQA"), and has determined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and WHEREAS, the City Council has considered all of the evidence submitted into the record which includes, but is not limited to, the following: (a) the City's General Plan, (b) the City's zoning regulations, (c) the City's Municipal Code, (d) the Staff Report prepared by the Planning Department, (e) staffs presentation at the City Council meeting held on October 24, 2006, and (f) public comments, both written and oral, received and/or submitted at, or prior to, the public meeting supporting and/or opposing the staff recommendation. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS ADOPTING URGENCY INTERIM ORDINANCE Based on the evidence presented to the City Council at or before the City Council meeting, the City Council finds that: (a) Identified among the many goals and objectives of the General Plan there is the need to maintain an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types in order to ensure sufficient diversity and balance to meet the needs of existing and future residents; and (b) Mobilehome developments have historically been a part of that supply in Chula Vista and have effectively provided an affordable housing source; and 1 2-11 Urgency Interim Ordinance No. Page 3 of6 (c) Many of the households residing in mobilehome developments are in need of lower-income affordable housing, and housing costs for mobilehome living are often lower than market rates for similar sized rental or other housing units in the local market; and (d) Increasing housing demands and rising'land costs throughout the region are creating increasing market pressures on the potential closure of ~ome mobilehome developments over time; and (e) In order to address the often unique needs of mobile home residents and the challenges and potential hardships in locating suitable replacement housing in the instance of a proposed mobilehome park closure, further analysis and plans regarding relocation are needed prior to the City's consideration of any requested change in use and/or rezoning affecting existing mobilehome park properties; and (f) Permitting mobilehome development closures without fully analyzing the effects on mobilehome development residents and the general public is potentially inconsistent with and may be in conflict with contemplated zoning proposals which the City plans to study, analyze and consider within a reasonable time; and (g) In order to protect the health, safety and welfare of affected mobilehome development residents and the general public, the City must impose an immediate Mobilehome Overlay District on all 32 mobilehome developments located throughout the City to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments and to provide the Director of Planning and Building, Director of Community Development, Planning Department staff, and Community Development Department staff sufficient reasonable time to study and analyze the feasibility of amending its zoning regulations; and (h) This urgency interim ordinance is exempt from CEQA in that there is no possibility that the activity will have a significant effect on the environment and therefore is not subject to CEQA pursuant to Section l5061(b)(3) of the State CEQA Guidelines. SECTION 2: PURPOSE AND INTENT The purpose of this Chapter is to provide protection for the unique type of housing alternative provided by mobilehome developments when development proposals for these types of properties are entertained. Prior to any potential changes in use, urban redevelopment and/or rezoning of any mobile home development, the rights of mobilehome development residents and property owners must be taken into consideration. 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, further analysis and planning shall be undertaken prior to the City's consideration of any requested changes in use, urban redevelopment and/or rezoning affecting any mobilehome development. In order to accomplish this, this Mobilehome Overlay District was 12-12 Urgency Interim Ordinance No. Page 4 of6 established to ensure appropriate evaluation and consideration of the affects of any potential changes in use, urban redevelopment and/or rezoning on this unique form of housing from the standpoints of housing opportunity, affordability, and displacement, replacement and/or relocation assistance. This Mobilehome Overlay District establishes the requirement for such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or project proponent has prepared and carried-out a plan to address those affects. , SECTION 3: MOBILEHOME OVERLAY DISTRICT LOCATIONS I. Chula Vista Mobile Home Park 2. Jade bay Mobile Home 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 Home park II. Cabrillo Mobile Lodge 12. Flamingo Trailer Park 13. Bison Mobile Home Park 14. Sharon's Trailer Park 15. Brentwood Mobile Home Park 16. Mountain View Mobile Lodge 17. Georganna Trailer Park 18. Bayside Trailer Park 19. Rancho Bonita Mobile Home Park 20. EI 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 SECTION 4: EVALUATIONS FOR MOBILEHOME DEVELOPMENTS (A) Prior to the City's consideration of any proposed change of use and/or rezoning pursuant to Municipal Code Chapter 9.40_of any mobilehome development properties within the City as identified on Figure 5-18(A), the property owner and/or project proponent shall prepare a plan in conformance with applicable State and City regulations)ncluding Municipal Code Chapter 9.40, and to the satisfaction of the Director of Planning and Building and the Director of Community Development, that provides steps and provisions to mitigate any adverse impacts of the conversion on the affected residents. (B) 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 and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.020, shall make the following findings: 1. That the proposed change of use and/or rezoning will not adversely affect attainment 12-13 T Urgency Interim Ordinance No. Page 5 of 6 of the City's goal to provide a variety of housing options within the City. 2. That the proposed change of use and/or rezoning is supported by sound planning principles, and will further opportunities to provide higher density, affordable replacement housing within the City. 3. That the property owner and/or project proponent plan'does ensure sufficient evaluation and response to the effects of the change of use and/or rezoning of the existing mobilehome development. 4. That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents. 5. That the property owner and/or project proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. 6. That prior to the commencement of any 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 ofCVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. (C) The City Council shall review the plan and consider the findings noted above at a public hearing noticed in accordance with the provisions of Municipal Code Section 9.40.030(D)(2). SECTION 5: CONCLUSIONS Based on the evidence presented to the City Council at or before the City Council meeting and the foregoing findings, the City Council concludes that a Mobilehome Overlay District on all 32 mobilehome developments located throughout the City is urgently needed in order to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments and to provide the Director of Planning and Building, Director of Community Development, Planning Department staff, and Community Development Department staff sufficient reasonable time to study, analyze and to fully address the issue of mobilehome development zoning regulations to protect the health, safety and welfare of affected mobilehome development residents and the general public. SECTION 6: SEVERABILITY The City Council declares that should any provision, section, paragraph, sentence or word of this Interim Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Interim Ordinance shall remain in full force and effect. 12-14 T Urgency Interim Ordinance No. Page 6 of6 SECTION 7: EFFECTIVE DATE This ordinance is an urgency ordinance for the immediate preservation of the public health and safety; therefore it shall be passed immediately upon its introduction and shall become effective immediately upon its introduction pursuant to California Government Code Section 36937. SECTION 8: EXPIRATION This Interim Ordinance shall be of no further force or effect upon the expiration of ninety (90) days from the date of adoption, unless extended in accordance with Chula Vista Municipal Code Section 19.12.130. SECTION 9: CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. Presented by Approved as to form by Jim Sandoval Director of Planning and Building J:\Attomey\MichaelSh\UCSP\MHP Overlay District-CC IUO-FinaLdoc 12-15 T 1S .- ~ .... fI) .- ~ >- ca - .. ~ o G) E o :z: G) - .- .C2 o :IE ,--- , I ~-, Lfl / L___....--I / ! ,___ i ., :......-..- I ,.' '"1 I '- '\ \ \ 11\\ i I~ I~ I . "" . c. ~ E h 'C ~- =(Il .go ::;~ . " c ~ ;> .!!!O JlE ~ M " << t5 'S ~ ;>. 5 .g ~ !:: ~ ~ > ~ >.0 ~ ~ E O::~:i! ~~~ 5: >..c (5B~ ~~ (>>1 ~I \ \ "" I~~ I-J ~~ ,__, \"""......./.\1 '-' '\ \ r---- \ I \ l-, \ I \ I '- \ \ \ , , -L..__ L_"",? ; ; ; ; " ., ..i / ./ He R~ r-n \ \ , t...., ! ; ! i 1-.._.._..1 \ \ I !--J i I ! I ! I ! I L.. I '- ) -'I <~~ Oz z 0,-..-1 \ \ \. { \\ ~;~ \./// \\ kc:'C:::::::::':::::::::::::-"::::::~\ 12-16 T ei ~!I#lo" ~1l6~ 1i Cl = <"Y) .-< 5 -' W 01 '" 0... I r--J . I \1 '\ \- \-l Exhibit 1 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT WHEREAS, the City of Chula Vista's current General Plan was last comprehensively updated on December 13,2005; and, WHEREAS, identified among the many goals and objectives of the General Plan is the need to maintain an adequate supply ofland designated and zoned at appropriate densities to support a variety of residential housing types in order to ensure sufficient diversity and balance to meet the needs of existing and future residents; and, WHEREAS, mobilehome developments have historically been a part of that supply in Chula Vista, and have effectively provided an affordable housing source; and, WHEREAS, many of the households residing in mobilehome developments are in need of lower-income affordable housing, and housing costs for mobilehome living are often lower than market rates for similar sized rental or other housing units in the local market; and, WHEREAS, 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; and, WHEREAS, increasing housing demands and rising land costs throughout the region are creating increasing market pressures on the potential closure of some mobilehome developments over time; and, WHEREAS, in order to address the often unique needs of mobilehome residents and the challenges and potential hardships in locating suitable replacement housing in the instance of a proposed mobilehome park closure, further analysis and plans regarding relocation are needed prior to the City's consideration of any requested change in use and/or rezoning affecting existing mobilehome park properties; and, WHEREAS, the City is proposing the subject General Plan Amendment to establish a Mobilehome Overlay District to require such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or project proponent has prepared and carried out a plan to address those affects; and, 12-17 T Resolution 2005 - Page 2 of3 WHEREAS, the areas of land for inclusion in the suBject Mobilehome Overlay District contain all land parcels within the boundaries of the existing 32 'mobilehome parks citywide as presented on proposed new General Plan Figure 5-l8(A) of the Land Use and Transportation Element attached hereto as Exhibit 1; and, WHEREAS, in addition to the above noted Figure, the General Plan amendment includes a new Section 7.17 - Evaluation of Mobilehome Developments - Mobilehome Overlay District, within the Land Use and Transportation Element to establish the basis and intent for the District along with an Objective and Policies stating the requirements established for properties within the District, as presented in Exhibit 2 attached hereto; and, WHEREAS, pursuant to California Govemment Code section 65090, the Planning Conunission held a duly noticed public hearing on October 18, 2006, and recommended that the City Council adopt the Resolution <lpproving the proposed General Plan amendment; and, WHEREAS, the proceedings and al1 evidence introduce before the Planning Commission at the public hearing on this proposal held on October 18, 2006, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and. WHEREAS, the City Clerk set the time and place for the hearing on the General Plan amendment and notice of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing pursuant to California Government Code section 65090, and the City Council held a duly noticed public hearing on October 24, 2006, on the subject General Plan Amendment; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has determined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds, determines and resolves as fol1ows: I. PLANNING COMMISSION RECORD The proceedings and al1 evidence introduced before the Planning Commission at their public hearing held on October 18, 2006, and the minutes and resolution resulting there from are hereby incorporated into the record of this proceeding. 12-18 T Resolution 2005 - Page 3 of3 II. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby fmds that the General Plan is internally consistent and shall remain internally consistent following the adoption of amendments by this Resolution. III. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. The City Council further declares that should any provision, section, paragraph, sentence or word of this resolution be found by a court of competent jurisdiction to conflict with the City's General Plan the City's General Plan as adopted on December 13,2005 shall control and remain in full force and effect. N. APPROVAL OF GENERAL PLAN AMENDMENT The City Council hereby approves and adopts the subject General Plan amendment which consists of the documents presented in Exhibits 1 and 2 attached hereto, and on file in the City Clerk's Office: Presented by James D. Sandoval Planning and Building Director ~ H:\PLANNINGIGeneral]lanIGPU_lmplementationlMH Draft CC Reso.doc J:\Attomey\MichaeISh\UCSP\MHP Overlay District-CC Reso-DCA Final.doc 12-19 T PROPOSED GENERAL PLAN AMENDMENTS REGARDING MOBlLEHOME PARK PROTECTIONS AND PROP 90- . Addition of new Figure 5-18(A) in the LUI Element: (Note: Figure 5-18(A) is a citywide graphic with numbers 1-32 on it depicting the location of existing mobilehome developments citywide, along with a list of all park names by number) (New Figure 5-18(A) would be inserted after pg. LUT-130). See attached. · Addition of new LUI Section 7.17 to describe background and purpose for the Mobilehome Overlay District, and policy requiring study and Council discretionary review. 7.17 - Evaluations for Mobilehome Developments: Mobilehome Overlav District As noted in LUI Section 7.1 and in Housing Element Part 1. Section 3.0. maintaining an adequate supplv ofland designated and zoned at appropriate densities to support a variety of residential housing types is an important component of ensuring sufficient diversity and balance to meet the needs of existing and future residents. In Chula Vista. mobilehome developments have historically been a part ofthat supply. and have effectively provided a unique and affordable housing source. Housing costs for mobilehome living 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 many of the households residing in mobilehome developments are living on fixed incomes. or are otherwise in need oflower-income affordable housing. Additionally. many 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 5-18(A). there are currently 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 analysis and planning be undertaken in accordance with the principles of the Housing Element obiectives prior to the City's consideration of any requested change in use 12-20 ~XH1B1T 1 T and/or rezoning affecting anv 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 standpoints of housing opportunity. affordabilitv. and displacement. replacement and/or relocation assistance is conducted in accordance with the principles et forth in the Housing Element and the Municipal Code. . , As stated in the following Obiective and Policies. the Mobilehome Overlav District ensures that the analvsis 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. Obiective - LUT 34.A Ensure sufficient evaluation and response to the effects of anv change of use or urban redevelopment of existing mobilehome developments. Policies LUT 34.A.l Prior to the Citv's consideration of anv proposed change of use and/or rezoning pursuant to Municipal Code Chapter 9.40 of anv mobilehome development properties within the City as identified on Figure 5-l8(A). the propertv owner and/or proiect proponent shall prepare a plan in conformance with applicable State and City regulations including Municipal Code Chapter 9.40. and to the satisfaction of the Director of Planning and Building and the Director of Community Development. that provides steps and provisions intended to resolve anv adverse impacts of the conversion on the affected residents. LUT 34.A.2 At the time of consideration of anv change of use and/or rezoning of anv of the mobilehome properties noted above. the Citv Council shall review the plan prepared under Policv 34.A.l. and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.020. shall make the following findings: . That the proposed change of use and/or rezoning will not adverselv affect attainment of the Citv's goal to provide a varietv of housing options within the Citv. (Housing Element Obiective 3) . That the proposed change of use and/or rezoning is supported bv sound planning principles. and will further opportunities to provide higher densitv. affordable replacement housing within the Citv. (Housing Element Obiective 3) . That the propertv owner and/or proiect proponent 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) 12-21 T . 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 owner and/or proiect proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. (Housing Element Obiective 4) . That prior to the commencement of any 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 ofCVMC Section 9.40 and applicable State regulations. and to the satisfaction of Directors of Planning and Building and Community Development. H:\PLANNING\General_ Plan\GPU _Implementation\Draft Mobilehome Overlay District GP A V 4.doc J:\Attorney\MichaelSh\UCSP\MHP Overlay District-GPA V4-Final.doc 12-22 1S .- .. .. U) .- Q ~ ca - .. ~ > o ~ E c :z: ~ - .- J:a C :IE " ~ CIl-e -c tU a.. rn ~ -c ~ rf ~ a. i:~ ~ ffi -e-c -em ~~ ~ a. 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I r--I - 1 \) '\ \- w \ \ ) , ,--j i I , I ; 1 ! I L_i I "l <~~ Oz z Exhibit 2.. r~l~ j/~ l~~ '7 . f?__LV /~~ KJ, ~ I (J:}z",-, and/or rezoning affecting any of the existing mobilehome sites. In order to accomplish this. the Mobilehome Overlay District is established to ensure that the appropriate evaluation and consideration of the affects of potential changes in use and/or urban redevelopment on this unique form of housing from the standpoints 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 Municipal Code. As stated in the following Obiective and Policies. the Mobilehome Overlay 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 by the Municipal Code. 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 any proposed change of use and/or rezoning pursuant to Municipal 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 plan in conformance with applicable State and City regulations including Municipal Code Chapter 9.40. and to the satisfaction of the Director of Planning and Building and the Director of Community Development. that provides steps and provisions to mitigatein'.ct:dcd to resolve 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 ofthe mobilehome properties noted above. the City Council shall review the plan prepared under Policy 34.A.1. and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.020. shall make the following findings: . That the proposed change of use and/or rezoning will not adversely affect attainment of the City's goal to provide a variety of housing options within the City. (Housing Element Obiective 3) . That the proposed change of use and/or rezoning is supported by sound planning principles. and ""ill further opponunitics to provide higher density. affordable replacement housing within the City ,vill remain in sufficient suppl,. (Housing Element Obiective 3) . That the property owner and/or proiect proponent plan does ensure sufficient evaluation and response to the effects ofthe change of use and/or rezoning of the existing mobilehome development. (Housing Element Obiective 4) Urgency Interim Ordinance No. J~/~ 'If" ~..a- I-:;;? - 14- ;/ P~ge 5 of 6 , ~V'~~~U of the City's goal to provide a variety of housing options within the City. 2. That the proposed change of use and/or rezoning is supported by sound planning principles, and w+ll f,lrthcr oppor:~ll1itie:; 4ft pro'. ide higher density, affordable replacement housing within the City,,; I! remain in sut1icic111 supplv. 3. That the property owner and/or project proponent plan does ensure sufficient evaluation and response to the effects of the change of use and/or rezoning of the existing mobilehome development. 4. That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents. 5. That the property owner and/or proj ect proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. 6. That prior to the commencement of any 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 ofCVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. (C) The City Council shall review the plan and consider the findings noted above at a public hearing noticed in accordance with the provisions of Municipal Code Section 9.40.030(D)(2). SECTION 5: CONCLUSIONS Based on the evidence presented to the City Council at or before the City Council meeting and the foregoing findings, the City Council concludes that a Mobilehome Overlay District on all 32 mobilehome developments located throughout the City is urgently needed in order to ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments and to provide the Director of Planning and Building, Director of Community Development, Planning Department staff, and Community Development Department staff sufficient reasonable time to study, analyze and to fully address the issue of mobilehome development zoning regulations to protect the health, safety and welfare of affected mobilehome development residents and the general public. SECTION 6: SEVERABILITY The City Council declares that should any provision, section, paragraph, sentence or word of this Interim Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Interim Ordinance shall remain in full force and effect. 10/2.4 jOlP r-kM (?. }.Jando."l- by 'R;tnuc<- LopQ, IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. '\0~lC~M \\Uvc,~LQ.{ ~ '~7k://11 r\ ,t'o /.~)J;'ccc.... .-' . ./ 0IL,_)Cyi. VI:>tr. 1 (>f\., :1) '1 I L> / (~\"\'-.4\\:'- \t ';.'l.r<">. (C$ '( {I)'j .~- J\ ( c~ ) _ .. . (Y\ n/\ G..G -.> <- ]i../Y""'" ) . 1\ rt-rJ:y\}/) / , n '/ ) 9 ,! ! 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J f/ ~~ 1 _it 11 L 2'( ( 1- ,"- , ------- IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. jJCfZ).JT~rd W .ttl~~ ..~ D~.~.L~ < (.\.VIl~lr\VlC\ Vt MAd'! 0 ~A~~ ~ QnfQ CCi1J/Cl(llf .. ,l~,,--. ~~ G 9-,\~3-j^ ~) l \\ ' .~\- 0\ 1(, \$CA =^9\:\ ~I't'\ '^r - j)~\ / _ ~ I ')' r -; v:? - .- .-. - -- ~ (j.-fCflJ {t (faf{<l{{ 't- - --~ ~-- IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. i<'(l, ,-::AC:/ PP'/'1Il2e <---- , . --~~~ )) . .1 ( (--, ,/ \ ~ ~/ ,~ )', ' ~-:c:> ,,-\ () I / '- I \ I,. {) '-!~ lv, I ) L., ) "j I '-...-r .------ Utu~ M A Iv {IA f::- iL4 ,) " /,L- ;v _ ~ . '$~.~rl/ ~. / ' - ".Aiiit8~'''''''M/IIIT~''''''~ · J....-::" ...---, ~ ~_r _"') ,t=' r~~~~-, J 'I . (\ /~~ 0~ ;,,\~~_' '_ -1? ':~ 11:11171/1/ / );/;::: ;/:2//"/ . N\ (, .1e \ ('" . iIi'''\. '€ y\ tj ( II (\. \. ....u2. tv\.; 0. V\y ~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. 1/1/'// Jill/J; I/-' 1 c' y, 7. , ,./ / / ~ ~-:;J/I!. If ~" r'~v 1'1.14" 4" t~ '1J . PA'u. L B -.e..l~ k e ~ ,t (At \QJ(JI1(~ ~ -\.... ll~d~-cL j;~(~ . .J . IH1LO ~'{:r '1\JC\rr ~ b.<.\-'\\O A< !x:1 V' ~')?J ~1V\\\ C\~J(;j~ / ~. I 6 ~1\\"~OAf;C:S "(j. . crIer 10 ,,- ~ . ~.. IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. I _5v.cob r~,~ ~(a'(\ GcOLA, JOAJ l( ~c::l e tA/t~&- '- -. ~ ; c ~ C1- V j A !ill" (\./) '7 J ~ j ~vC'",;slo 'f 0 \ C\ '" 0. c.-I '-- CV\\.A-\C\ \},;;ra,cA 9\'11\ I~ . '-l1?hiB{tL' (bidX;) _ r;; t~!c a 1 ~Y' r' _, t2- )1 . ",' , () A 'I "', - -'" I' \ ,- 'f;'), ,I i.' VI ,\-",. ,,~ J I _,__yc~ ,/ i I_C, i.::1_^--',-) : ) l.2.~ {.?r 1;<(1 (.:... _ :') ;:;:/;J;)?;~~~e'f(~;:L~ --. -. IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. 1!?r;4 r~?~<~7 /1 ~ , --1:112). 4<( C, /( I V ,"(2..~: v'" J .l);(-']fun ~1l.,L1 LIen I ( "Vt.' .~)\ \.CC"J~""~ ,Ii '\' \] I _ f\' ____1..,. -' I' I \, I /~',Q/)(( '\ c:.,'L 1 ',1,( il ,1 ;-- /." ,J/- , I ~~.--- /7 /' 1-%4'~;;((171) IcL I 1 ! , : / _ i/ . ,-~""'T.,.. :/", , I ' ; /t'i \~ ~~ ','" (l l '< (. , \ , ' , 'I Ii.... .. I ' ; 71L --- ---- J CjlC1/ '- 1 I i ! ./ -' L~c t. , -" - ~----~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. (/of5(/o. f.Sf7CJ\ d~ ,(~f//'" V/SfOt; (1:/' ~/9/P . ._ :r....Y\I1 G\ Ve.l t:'. 7-Cf () e. L c.. b..J1...1 0... V,' 5 -f-a c. ~. 'J I 9 I . r'Y ?YI ~ 17 f/ ;;j / ?- Cnv!fA V;Sfol) CJt.9(~/.P-___ _I J /~t!.-Nf( Z, c.cJ ~c EMU/JI<,7- J CIJf/LIIVJ~ m . Cd 9&/14 , A?IG' Cl II )!. ~/'t-Z, lJ~ 'VL~ !\, . f . ", r~J'~ Co \ j~u \7 ~- , , \.\.. '\-...1 ~' ~./ r' '\ \}, j'~' rJ, .;., 'j' 1"1' c. i , !. '--' -,.. I }<.i),. '. '2- 'I' j " " i.../ ~. !1'CI'\. " " ---~- \ ' li.1 i{: ':....... \.\A\U, \j \ -:> -,~ ...----, IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. VJ~/^(lc~,ol) Esc~6Lt C h , ' f \f F L i 0....- HI ;"l 11M?) ,vt<:<) '. /) I tl ,,,~~(fl,[ /.JIrY)1l~ .----................ I ./-/J.. .. .2-" .----. .~ ' -r '/:. ~:~,' ."??-~~ . C'e-~ l 7)f;. c I< 0 ~ 4r ( (6 ,-:- I I (/ -,-, I, /_ ,:Kif'>'''' -' ".h.) , .~ .' .....r' " V) (; i. ~7'"/ 1M i) - , i .- 'J / /// / . . ./.6/ 1 ./ .' .--/' .,~ ,.' .-7 ___< :S.( ,://. Q/~ \) \0\. U ( L'rf (( C~ . t eh,,- L p V(<;to.- V. 919W ,,- ~- - j f2~u/- ............... p~a;!v" I C}htl L. L)d h / C',4 (/f C(( D CL,! -i- LvJ; C J (// 'j /;, . . - i /, 1._; ~:>J,/-:f (/<;} /:~~;.~ /I-'-:-_:~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. I , ,',' r ; f . - Jl r /, /, "1 \ / i \ -' ~ (... ~'; ,I ~L........., (,.' 1.f() ~! . / / . / - (' , ~,\' " f \,,' ,,' '_ : I,. c 7, 'I \ \,,- ; / 'J I") ,'--. / -.. ,-- 'I, 'if ~, !.. cF"z. I, / . : ( I/O- " -- - ~----= " -,'<- c I, J / .J /' Ii '. . :. 'J . // / -.- -~ / t;;c,L I J . /) e "r-l.,'" ,(fCUld ~ --- y . {;/)y ~ t I ! (J (' I /\ e. (. ----- ~. ., IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. ~~~ /OcYrf < .. Jtk {!, 11~ c:t' C-)3 2-'\ ~~\ \-Y c\cl 0 \ \ _:=\ c (c~' {~Q ~~S___\"-Q ;, D\\;)\ ,\ . -Ii' )( ~ 0 j\ jzvc,?J/v'A D.Ii/'1l JC,(J /i]/v'O/2ffr)' [)/I/l\ )("0 ~ f~fi'/tJCD DA/n Ice) -1(1, ._19/() .~Clr:tJl ------. , -~-_. , . - ~ ~ . , . ---. ~--~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOOD LA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. \ ) ,l / I 1/ I , . Ii /i~/ //J I):' I .1{;1-"""''y ;11-'14 ~1""J ,cJA.u- L B...e.. 1 ,.J k e j (~t \ Q_LJ'1(#' - '--.. ---- Itl4r('~-c(c 1~.rr<::-.- . J e.V.IWftO jJ1,~tl1\JC\I~ <:- /-;! . ~\\\..\:\IV '~.l'.{\Y\G\'O '\ ..,. J/j \1", \ C\~""V:C;, G \ i) ( , ~\" ~,YtC\-kC(\V(~\ i(j , Cfl'110 ~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BA Y AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. y " ~ \, 0..'< ,} f",) e.,( r- e.-vo (9tcpll1 t E-C~2ZNd! \%c:~ t~~~~.^.'c/ L/) --> ~ tV. uL/l(';/\') C/lZ::(' pn_ ~LP N Cr t4() [1/ No t !. 1 ' .~ ,:,l cl( /'1/; FcL C 'I.' C{})vi:-T;:(~ 'M CJlV'-" ) C. . / -- 1(' , ". /, .1 , , _./ ") \ . C /' ,'-' y ( .- c fl-11 , - --~ --- ~- -, IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. / t;6;7!u;J Ik~(~Jlc!!J _ 9c2/~\ $ j " R 17 CliU (If.-.~ l.X~{..CL.'-' J6Y-/:w '-1r-lo[~rv~ i. 10 f~ fL~ l^"jOj " f" {' --, J I (,:---U;'fi " ""C>'Jl [l(;d( , \t , (~lu,w~~l1L(~ I I A ,)Li.hrwy ~~ //' "/ < J l%j I) r,~y-- y7Lq !L , ~ .,...... -- -- - -~_._- IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. .4 ad liif) lZ~I~ j/ )' '.Hu cr (71~(lr ( I ~c L,,7 1\- c..""~~NS ~- f I) ~ tv' c2 AJ AjIJ If- Y A ---- ~---- fJ/((iPA C r2,.~ ---~-- .Gq \:"n I(' \c. ell(' I (( \ c NOG iA tV f) --. U \ l C\. n-E'c\ \ - ----- -- f I I( _~ f 12 r ICI-i u 0d vir-ii"; _C"-- IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. I ',f II . " . ~ ~'_".({- (. ,~ ,,: / , .. " ': (.,I,..,..r; , r ) c (2 . . -::/'''-; l..).c- \ /, rjJ , I 'j - ~ I ~~' ,. ;) :i "// C f '/) \v: ,\",.t '., c' ,/] I:' ~ c ~. /~ ~ , ----- 1/ '/~' ,. ~. ' , J ',~'L ) I I ':7' / " , ;'_ ~_<L [("',f" J / . 1/ 'c. "),~, . , ~~---~---- (' / ,- .------" / '-:'c:.i, j / /) C MJ (.;" ~/a(/(J 6-4..." _,-- Q .... f ; - ~ -{;;/jY ~ l fla," /flE:.L .... ~- \ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARkS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. J71~ f~ '\ , ~\ . J ) .Lrl ~0-- )'<- Gj _ ('11/ II N 6t 1 c tv Gr ..- .--- .~- ~ ~ O/J?1~ ~. 2~ ~a6z-u ., d/~1A/I!~A/Ai# / j.9;/1~~7 )tJiu~;:Z;- J . ~ Cl L.LL 111,;: 'kl,~:/~ t v/ f ! ' 0/ ill / I '/,' )11~ . IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BAYSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. C6 ~~ /U~rJ .. J~ Cl. 11~ 2--, SL~l.. ~0cy 0 ':, \ C-)3 _ .,='\ c (', ,;, \~ Q ~~C\'-.Q, '\ , \JC} ;',), \'\ ' -\\)c t' Of) ~ ---, /; , < .':. i .,'~ Zi/CP/v!-1 ,AI'!o/2t )t1' f)A/n'] ci? !lAin )(-0 ~ f!2fl/,j (;:/ DA rn ) cO ".-.:". ~G, 1(9/~ ,_10 fig - iFF IN HOPES OF PERSUADING THE CITY OF CHULA VISTA 514J.J~ TO STOP THE "REZONING OF THE URBAN CORE PLAN", Tuk'f WE THE RESIDENTS HERE AT JADE BA Y AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. LL~ ----,- ,- - ...-/ ~ .<.....-;.~ -- .--? / ( IA.~ -JL ~v~/ I . ...-..--. /ZCfJ j!J[r 100;/1- -- ~_c_."'~-_:. -...:-"'.,.-..: , ..,-., --_..._"_._,,------~ ..-- ".'.-.. .."_.__.._--_.._.._._.,._~-~.__._-----_..- '_'__~_ ____.__.___ _.__._n.___.___..._ _____.. _.___._.._._~. "__'_'_'___ ,..--- ____..._.__ ___",,_____ u_ __..,_,.___..________ __________ ____,___...~________.______n~______.___ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HaM USE ONLY. "Dz.N^I.\S~ G,,*~~ (''f''?'t. ~J(cwma ih"~0 ...JoiZ ~V~lJ.Q '" J ~ . .-.::=..- , F. ------- - - .~ _5D q~,~ .C(!lfJ4t#l-Jj" / tJ c Cd 9;zp F I C /Ncf) UI.f:lJ;) (I) 91 q ! / ~ - -. - - -.- m___,,___.__ '--'-'-. ----~. ----. -- _ _____" .__..__.___._____ __~___ ~__ .___._____..._ .m.._. ___~. _. .___.____. .._.~__._._..__.. '_'_.- ._____..____ ...._.._._.____~_ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. , I J? d~ 4.... J <:.- L3 .-/7;'r%~~ A ht-~ L~~JJ:_}_~,/ --'-d~ ::t. . C- u:..~ U:( , ~ r ~~ '-"7~r- 7"19; J;i!J ,tfV.2'; c.;,-., 9/L} S't.' ..;.--:.'~.."'-- L- ,sr;q c., '7/ '7/\J &"""'i 6-- CA- 't I '10 =t ' v.r,r-1,L-C C#, <}.i1/ 7-01 f4'U ...7..:. , c.. v~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BA Y AT "0" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. (7 Cvu;~ !J-UJ;Yt 1 ~~ -r~1 PANI (t(:-~\j A- --f;:l ~WD ~ / 1J1f{S f lBj/u//5T/y I _~ ~fUA ~ crie. _hi Ie) o-h Jrl? {] o-Y /0 I~ He ko ~ 0 $\ $r,t(~ \(1 C\O ) . i. I~ . . , V.I / {U1i {(j Jail/ c;j 1t/4,:))C v ~ose ~ ;/e-; c- -- r -~ _ c; ?u. /:) /r? JA c::k.. C}d. I! ~ ... eM v Lrr v I STr-+ cP C[Rtc c,t/l/JiF V/f~. r!A 7/~J/_ . s::'A gj U,V&O (f1, ~z( 'JI: tV Z 173 - --- ------- h____~- (O/L c.~S217. : ~,7~ ..... ') '. J'I?~j.J,~AI I CP- 1 ! q'j -. ~ .~~._~._-_.....,-_._._-~---~--------- - --- - . IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. r/aucl.... J c;z::--. ~ u _C~\JI*-& . I qfll-? &t. S'. /J-U p ---;,--_:...-'~ - ~a. ~r" 5, GV CA-1{<, \, L, .....<.1\ _Cf/ 'If''; ~f~Ie4,~ .~ Su, r+~ . St1~ ----- ---~ ch,l~ 17&" - 117ft IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. ~A-UoJJ ~r'M ~ ~. f). CA '1 2/J-Y ~o~~~ . ( I :3AN Dtf&?J I CA, 9ZN3 c nd GI. U I$\-c. (J\ ..gm 1.\ \ \CJ{\~ ~cci~ - - - ----- 9/910 ------ 0- t/ j CIt 111/c) __,_ 1:1 tn ,. e CJw-A'e)J "'--.0 LA ~Z~Il1f IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. -} ( CUI f It <A. )jj m tm 0 _(II-eve! QIti'Ctk (~I {la.bYt .~14QJIOh<} I c~ 5181\/71/1({,0 a/-/ulC-4- . .~0. cr 1...-/' ~ -s~bv' M(n~6"?"'- ~,/ /j / .;' r{. vf', / f (~~~ --,V. '\- G;oP{},,77 6011 20/,05 -- B rt--{'V],'Y"/' ,11 rt--<Y1 rf) J~ I")~ Jt""!-<) -' - '12512 _Ti311Iccau+ . mlc 1l!lt r_.k>-4h ,.'>{ '" j?r/,c; 4/0 r!r kY /17 .I \ \ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. IA)' rlc~(tj ()"'v'J,./lI!t:J' ckltll .~/~, &t~ /(] fVCftiY L I!LCL tjm./ifz..eCt; /J1 a. V ffit d <10- J . 4/Ur ;&jlJ!~i -ra I/a rlC) 2g0~ --S:-/,< ~/ /(J.,I\ } ~l(L \ UlrR ul[que , \'R S o..'\C\. !J. e RJ d 0 <: C\ u, ;t~!I(i?./r- ~; <tM/f _ Son !.)1tl,6I 1211-1 ........ ?;aflD1lJD Ut '12/01 JJ~ (?, q;c;SC ci8 (:J () tAJ-+ ~ U irYHt/L4 t/ii7.4 eALiF. '11fll , r7 1 ~f\qtAa - - f\ , , ~. (n"<7nCl 0~U~~ ).L-C/~{?'(.'1 -rfl-E!:. E c, /I ;-/ U II K 1;,-/5' ~ . t.1f1<fi:S i bt; tl1- c;;;<C) V 6 IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BAYSCENE MOBILE HOME PARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. fUhn;J ?4,rzj ~rLa.;;f~ J;0/~ ,17#j)JP(~ 6YelA-~Af2 - ~ J.'~ ~ j!~-yq Lo,P-Z .-.... . -.a J - ~~-- .~~~ ...- DI( ~"\ 6r/ZC'7fc-; /1Ch~7/~ ~ !~ - /LAo/~-~ fOrT; e/ ......... ~ ~ ,) -~=::-...-- ~ , , -. IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. ~ S<a9" 119d'~ /11-/\ ~~ ~ ~-#,-(J~~/ (Jl~~J:;1--.;,,~) JLCutr - - ._"-,....------- . Uc Ilti'ra f'~ \&;~~{) -T . -. - ." IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. I.. !f4#~ _ L.tI. ~9/9/( k ..:17~M;fA/IY' .l-" __ S1v~ ; , \ i &cJ)-J)Q~1- ._ j' k~-J ,------., . "'-'--, ~ (I. V ~ IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME PARKS AT 100 WOODLA WN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. \ ~ /r~ ~=-,- I!ef/1(;/O ~epl ~ ~ (blq) '5~S- :5 L -7C( ~n., 1/V\(2 \.L G0CL.\~<L-\O Ckv!:t w~.A- C,4 9/~c> 0~.(' fi5L 1(,'4-k'r f'A Cj;cl/ () ~---,._.~. C~cQM~ ?XV( /' - 011'1 It) \;( ') .l-l C ~ (t 1'4 )6 ....-...-, ~. l:t~.... ""'":{ J IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. A --YJ 0--L/ .:/.;2/ u -t ;I ;t- / , ,- If 12. 10 (zj) <:; -A V / ;J A -.....---- ~(\"".\(>-- Q~,,^s.\(1 '^ \~, '" ~----- ::--,_.~ y D", h'l /, I, {/J t/h U h ( u "> --~ ~-- ) 4 f'J J rZAU LUJ c-A tU ~;4ue-) Cl/Q(4'/o J S\-'L\tQ.;LJcJ ~(V~ltlO = .:--.- IN HOPES OF PERSUADING THE CITY OF CHULA VISTA TO STOP THE "REZONING OF THE URBAN CORE PLAN", WE THE RESIDENTS HERE AT JADE BAY AT "D" STREET AND BA YSCENE MOBILE HOME P ARKS AT 100 WOODLAWN AVE, SUBMIT THIS PETITION TO THE CITY COUNCIL TO KEEP OUR AREA ZONED FOR MOBILE HOME USE ONLY. .,f(l.&f;. :,:"Lr ?/L=.-,~;$' ~ J .. A1z</ 4/~~) tv ~e~h9t Jiw,;h -..--.-- , ,~ L LJ I -S )VI <\f-\-\ r\'<-~ // ("--- rttA-:~ \ /h_ 2~j /) ~ t (<-rjhc~~ )3 -0~'~ '" - I I I - Glen Googins Page I of2 IO/zuJ oCc l +evn I;), GoCXJih5 ~~ From: Glen Googins [grglaw@cox.net] Sent: Tuesday, October 24, 2006 7:23 AM To: dsmith@ci.chula-vista.ca.us; ahix@ci.chula-vista.ca.us; 'Ed Batchelder'; 'Mandy Mills' Cc: amoore@ci.chula-vista.ca.us; mshirey@ci.chula-vista.ca.us Subject: General Plan Overlay District for MHP properties Attachments: General Plan Overlay District Text MHP Alternative One 10.23.06.doc Ladies and Gentlemen: As you know, I am representing Bayscene Mobile Home Park in the above-referenced matter. Bayscene's position is that no action should be taken on the proposed General Plan Overlay District at this time. We believe that (I) neither staff nor the affected property owners have had sufficient time to draft, analyze and/or respond to the issues it raises, (2) this type of action is not necessary at this time, and (3) as drafted, the proposal will have the unintended consequence of discouraging or preventing mobile home park redevelopment at sites where the City itself has determined that redevelopment is necessary and/or appropriate. We will present these points in greater detail at tonight's hearing. If the City determines that some action is necessary prior to the upcoming election, we would ask that one of the two following alternatives be adopted in lieu of staffs proposal. --Alternative Number One is attached in underline strikeout format. This alternative creates a category of park called the "Urban Core Parks". These are the 14 parks within the 1-5 corridor that are either non-conforming uses (the Broadway "trailer parks") or were redesignated and targeted for rezoning by the UCSP (the 5 "trailer like" parks including Bayscene, Cabrillo, Terry's, Bison and Jade Bay). In revised Policy I, the overlay district would require City Council approval ofa relocation plan before any of the parks --including the Urban Core Parks--could be closed or converted per then existing state and local regulations. In revised Policy 2, additional findings would be required for the remaining 18 parks. Additional findings may be appropriate for these 18 parks in that, unlike the Urban Core Parks, the desirability of their closure or conversion had not yet been considered and further land use analysis would be appropriate. New Policy 3 requires that the General Plan overlay district conditions set forth in Policies I and 2 are carried forward and implemented in any zoning or other land use decision on the parks. This gives the City future land use based tools to deal with special circumstances. We believe this approach strikes the right balance. All 32 parks would be subject to the new regulations contemplated by the Housing Element update. Yet the 14 Urban Core Parks would not be unduly burdened by new, vague findings that could be unfairly used against the City and the park owners when a redevelopment opportunity arises that benefits the entire community. --Alternative Number Two does not distinguish between categories of parks. Instead, the overlay district is focused on the need for a relocation plan to be approved as a condition precedent to approval of a closure or conversion at any of the 32 parks. I am still drafting this language and will forward it to you as soon as possible this morning. 10/24/2006 Page 2 of2 Please call me as soon as possible to discuss these proposals. Better yet, I would like to propose a meeting this afternoon with all interested/available staff prior to tonight's hearing. The best number to reach me at today is my cell: 838.3312. Finally, please be advised that Bayscene is reviewing the attached alternative concurrently; therefore, the proposal remains subject to Bayscene's further comment. Also, I have been advised by Mr. Randy Terry that Terry's and Cabrillo support this approach. Thank you in advance for your consideration. GRG ~= ~~ Real EstatE', Redevelopment, I'ublic Agellcy Jmi BUSllless Tr.ll1SJctions Glen R. Googins Attorney at Law 344 F Street, Suite 100 Chula Vista, CA 91910 Tel: 619.426.4409 Cell: 619.838.3312 Fax: 619.393.0318 E-mail: grglaw@cQlcnet ********************************************************************* CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION The information contained in this e-mail, and any attachments hereto, is only for the use of the recipient(s) named above. 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Thank you. ******************************************************************** 10/24/2006 IO!z'-f /o~ I fe,m (7.- IS 00'5 1tn-5 f-kt...,c/.ovt'f" ATIACBMENT 1- PROPOSED GENERAL PLAN AMENDMENT LANGUANGE AND FIGURE TO ESTABLISH THE MOBlLEHOME OVERLAY DISTRICT- The following new text and Figure are proposed for addition to Section 7 of the General Plan Land Use and Transportation Element: . Addition of new LUT Section 7.17 after page LUT -130 to describe the background and purpose for the Mobilehome Overlay District, and to establish an Objective and related Polices regarding any proposed change of use and/or rezoning of any existing mobilehome park. 7.17 - Evaluations for Mobilehome Develooments: Mobilehome Overlav District As noted in LUT Section 7.1 and in Housing Element Part L Section 3.0. maintaining an adequate supply ofland designated and zoned at ap1;>ropriate densities to sUP1;>Ort a variety of residential housing tvoes is an important component of ensuring sufficient diversitv and balance to meet the needs of existing and future residents. 10 Chula Vista. mobilehome developments have historically been a part of that supply. and have effectively provided a unique and affordable housing source. Housing costs for mobilehome living 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 many ofthe households residing in mobilehome developments are living on fixed incomes. or are otherwise in need oflower-income affordable housing. Additionally. many 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 votential closure of one or more of these developments. As shown on Figure 5-18(A). there are currently 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 develovment. Within the Urban Core Subarea. several ] 4 of the mobilehome developments (collectively. the "Urban Core Parks") fall within the Interstate 5 Corridor District where higher density housing and transit-focused mixed uses are envisioned te eccm and supported by other land use provisions of this General Plan. With increasing housing demands and rising land costs throughout the region. the likelihood for votential closure of some mobilehome developments over time is real. In recognition of these circumstances. and in order to better balance the olten uni<jlle needs ef address the relocation issues faced by mobilehome residents with the challenges in locating suitable replacement housing and/or receiving adeauate relocation benefits. it is important that further analysis and planning be undertaken llrior to the City's consideration of any re<jlle5ted change in use and/or rezoning affecting any of the eKisting mobilehome sites. In order to aceomplish this. the Mobilehome Overlay District is established ensure allProvriate evaluation and consideration of the affects of llotential chanl::es in use and/or Mobilehome Overlay District Attachment 1 . "~ ureaH reaevelopmeHt OH tilis lIHique form ofilollsing from tile stanapoints ofilousiHg opportunity. afforaalJility. and disfllacemeHt. refllacemeHt anEllor relocatioH assistaHee. i\S stated iH tile followiHg Oeiecti-{e aHd Policies. tile Moeileilome Overlay District establisiles the requiremeHt for SlIch furtiler analysis aHa planHiHg: to eHsure due evalllatioH of tile aff-ects of cloSllre OH e"istinl? moeileilome resideHts. prior to approval of any change in use of a mobile home park site and that the proPerlY owner and/or proiect proponent lias prepared and obtain City approval of carried om a relocation assistance plan to address t!lese the relocation needs of affects displaced residentsc 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 cOHsideratioH approval of any proposed closure or change of use aHEllor rezoHing of anv mobilehome development properties within the City as identified on Figure 5-l8(A). ;-the property owner and/or proiect prooonent shall prepare and ensure performance of a detailed closure and relocation assistance plan consistent with the requirements ofCVMC Section 9.40 and applicable State regulations. and to the satisfaction of Directors of Planning and Building and Community Development. preaare a plaR iR eORformaHce with !If'jllicaele Etate aHa City regulatioHs. aHd to the satisfactioR of the Director ofPlaHHiHg; aRd BuildiRg aRd tile Director ofCommuHity DevelopmeHt. that proviaes stejls and provisioRS to address any adverse impacts of tile cOHversioR on the affected residents. LUT 34.A.2 Prior to the cOHsideratioH approval of anv proposed closure or chan~e of use aHa/or re:loHiHg of anv of the mobilehome properties Hoted above that are not Urban Core Parks. the Citv Council shall review the relocation assistance plan prepared under Policy 34.A.1. and prior to taking action on said change of use aHd/or re:loHing shall make the following findings: _ That tile jlHJposed CilaHge of use aHEllor rezoHiHl: will Hot adversely affect atlaiRmeHt of the Cit-/ s goal to provide a variety of ilollsiHg optioRs witiliR the City. _ That the proposed change of use and/or rezoning is supported by sound planning principles. and will further opoortunities to provide higher density. affordable replacement housing within the Citv. _ That the property owner and/or proiect proponent plan does ensure sufficient evaluation and response to the effects of the change of use anEllor rezoHiHg of the existing mobilehome develooment. -Tilat the flroDosed CilaRge of use aHd/or re:loHiH~ will Hot reslIlt iH severe or uRdlle hanlship OH aff-ected moeilehome resideRts. Mobilehome Overlay District Attachment 1 ...... ... ro" . That the property owner and/or proiect proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. -THat prior to tHe commencement of !lIT" elOSHre of tHe ffiebilehome (k/elellmeRt. that tHe eWjlerty owner( s) ....ilI prepare and en!lUre jlerfermance ef a detailed closure and relecatien plan censistent v..itH tHe requirements ofCVI\1C Section 9. ~o and a!llllicable State regHlatiens. and to the satisfaction ofDirectem orPlanninl( and Building and Commlolflity DevelellffieRt. LUT 34.A.3 Anv General Plan land use redesignation or rezoning associated with any closure or change oruse of any mobilehome park property shall include provisions that implement Policies LUT 34.A.! and 2. above. such that the no closure or conversion of use shall be permitted until such conditions. as applicable. are satisfied. (Insert Figure this page) Mobilehome Overlay District Attachment I ~ e~ Chula Vista Municipal Code jO/2-4lo(, I~I~.__L~ GoOoql!\S twu,w 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 firearm, 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 CVMC 9.36.010, it sball not be unlawful to shoot or discharge any gun or firearm in that portion of the incorporated territory 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 Otay Lakes Road east to the 480-foot contour line along the western edge of the Lower Otay Reservoir; follow- ing the 480-foot contour line southerly along the western edge of the Lower Otay Reservoir coincident with the southerly edge of the Chula Vista city limits; from there west to the eastern edge of Wueste Road and northerly again to the point of or- igin along the eastern edge of Wueste Road. Such shooting or discharge shall only be lawful for patrons of the city of San Diego's Water Fowl Hunting Program, for the purposes of seasonal duck hunting (between October and January of each year, as specified in that program). (Ord. 2370 S 1, 1990). IX. Mobilehome Park Residence Protection Chapter 9.40 HOUSING ASSISTANCE Sections: 9.40.010 Mobilehome park and trailer park conversions - Purpose and intent. Definitions. Application for conversion or discontinuance of mobilehome 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 mobilehomc and traiter parks to other uses or the discontinuance of use of mobilehome or trailer parks on the ability of displaced mobilehome or trailer owner/occupants to find adequate spaces in other such 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 residential zones, the obligation to provide financial assistance or some satisfactory alternative thereto for those mobilehome or trailer owner/occupants who would be dislocated by the decision to convert such mobilehome or trailer parks to uses other than that designated in the zone, or than that to which they have been utilized, or to discontinue use. It is the intent of this chapter to carry out and supplement the requirements of the state law in regard to noti- fication and to establish relocation assistance pro- grams for 10w- 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 docs 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 I, 1989; Ord. 1982 S 1,1982). 9-43 9.40.020 9.40.020 Defini~ions. A. "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 3 5790 of thc California Vehicle Code. "MobiIehome" 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 a~d 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 rnobilchome sites are rented, or held out for rent, to accommodate rnobilchomes 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 defined in Section 799.24 of the California Civil Code: motor homes, slide-in campers, truck campers, and camping trailers. "Trailer," for the purpose of this chapter only, does include the following recreational vehicles, as defined in Section 799.24 of the California Civil Code: travel trailers. D. "Trailer park," for the purpose of this chap- ter only, is an area ofland where two or more trailer sites arc rented, or held out for rent, to accommo- date trailers used for human habitation, and where the predominant number of sites are occupied for nine or more consecutive months. E. "Mobilehome or trailer owner/occupants" are persons owning and occupying a mobilehome or trailer as their principal residence for six months or more during a year. (Ord. 2368 9 I, 1990; Ord. 2299 9 1, 1989). 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinu- ance. Prior to the approval of any rezoning, subdi- vision map, or the issuance of any permit, including a building pcrmit, 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 mobilehomc park zone; 2. Located within a zone subject to condi- tional use permit; or 3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights. B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer park. 1. 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 been offered to eligible mobilehorne 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 moderate- 9-44 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 or reason for non-use; 9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three-year notice to vacate, said notice being pur- suant to Section 798.56(f) of the Civil Code. If such 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: I. 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 determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other com- mitments by the 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 shall 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 deeision 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 final 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 following the decision of the community development director. The appeal may be taken by the applicant, any governmental body or agency, any owner ofreal 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 9.40.030 3. By at least one publication in the offi- cial newspaper of the city, not less than 10 days prior to the date of the 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 mobilchome 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: I. A minimum of 10 calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehomc or trailer owner/occupant of the mobilehomc 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 mobilehome 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 mobilehome or trailer park. (Ord. 2790, 1999; Ord. 2368 Ii 2,1990; Ord. 2299 Ii I, 1989)... " 9-46 Chula Vista Municipal Code IO/ZLf;loft; \+eM\~ GOOI3 il'\S l-kudot-d 9.50.001 Findings. Purpose. Definitions. General applicability and exemptions. Applicability to recreational vehicles. Legal requirements and procedures created. 9.50.050 Annual permissive rent increases and notices of CPr. 9.50.063 Rent increase above the annual permissive rent increase. 9.50.064 Owner meetings and possible voluntary negotiations. Request for hearing form. Initiation of space rent review. Factors to consider in fixing space rent through the hearing process. 9.50.075 Fixing of space rent in excess of the permissive rent increase. 9.50.076 New and prospective mobilehome residents - Transfers of mobilehomes. 9.50.077 Vacancies and rents upon change of mobilehome ownership. 9.50.078 Right to mediate mobilehome resale price. 9.50.079 Findings regarding serious code violations. Notice of serious code violations. Proposed space rent increases at a time when there exist serious code violations at park. 9.50.082 Denial or partial reduction of rent increases based upon code violations. 9.50.085 Compliance with law and posting and disclosure requirements. Implementation guidelines. Mobilehome resident's right of refusal. 9.50.092 Retaliatory eviction. 9.50.100 Civil and administrative remedies. 9.50.102 Criminal remedies. 9.50.115 Severability. Appendix One Appendix Two Sections: 9.50.001 9.50.005 9.50.010 9.50.012 9.50.015 9.50.020 9.50.066 9.50.070 9.50.073 9.50.080 9.50.081 9.50.087 9.50.090 Chapter 9.50 MOBILEHOME PARK SPACE RENT REVIEW' . Prior legislation: Ords. 1997,2163,2227,2282,2306, 2451,2551,2566 and 2737. 9,50.001 Findings. A. The city council finds that there is presently, within the city of Chula Vista, a shortage of rental spaces for the location of mobilehomes, and an inadequate number of mobilehome rental spaces to meet the total demand in this city for those spaces. The city council finds that this limited supply of mobilehome spaces in this city has resulted in low vacancy rates and contributes to escalating space rents in a manner that would, in the absence of reg- ulation, allow for unconscionable increases of rents to mobilehome park residents. B. The city council further finds that the unique nature of the ownership of a mobilehome within a mobilehome park makes mobilehome owners par- ticularly vulnerable to the threat of loss of their investment in their mobilehome. Due to the high cost of moving mobilehomes; the potential for damage resulting from moving mobilehomes; the requirements for installing a mobilehome, includ- ing permits, landscaping and site preparation; the lack of alternative homesites for mobi1ehome own- ers; and the substantial investment mobilehome owners make in their coaches, mobilehome owners lack the ability to move their mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with a shortage of rental spaces, provides park owners with the ability to establish excessive and unconscionable rents which, if unregulated, would result in the impairment of a mobilehome owner's investment in their home. C. The city council further finds that the limited supply of mobilehome rental spaces available in this city would, in the absence of space rent regula- tion, allow for an unconscionable loss of the resale value of mobilehomes by existing mobilehome park residents. D. The city council further finds that mobile- homes comprise a significant form of housing available within the city of Chula Vista and can be a more affordable housing choice than apartments or single-family homes. The city council finds that the supply of both mobilehome spaces and mobile- homes available for rent is not adequate to meet the demand, and that as a result, the limited supply of such spaces and mobilehomes contributes to esca- lating rents in a manner that would, in the absence of regulation, result in the elimination of mobile- homes as a source of affordable housing. E. The city council further finds that there exists serious health and safety issues in some mobilehome parks within this city which constitute violations of the city's municipal code and/or state law. The city council finds that increases in rents in 9-47 (Revised 2/03) 9.50.005 excess of the annual permissive rent increase for parks where there exists such serious violations would, in the absence of regulation, allow for an unconscionable benefit to the park owner to the detriment of the health, safety, and welfare of rnobilehome residents. As more fully set forth in CVMC 9.50.079, the city council finds that the provisions of this chapter will promote and require a minimal level of health and safety conditions in those mobilehome parks seeking rent increases in excess of the annual permissive rent increase while also allowing park owners sufficient time and rev- enue to meet these minimal requirements. F. The city council further finds that, because mobilehome parks generally have costs of opera- tion which are considerably less than total gross income, it is not necessary to allow an automatic 100 percent Consumer Price Index (CPI) annual rent increase in order for mobilehorne park owners to be able to maintain a fair, just, and reasonable rent. A number of cities in California do, in fact, limit annual rent increases without a review or hearing by the city, to 0.75 times the cpr and/or provide a maximum allowable rent increase. Therefore, it is appropriate to require justification for any rent increase in excess of the annual per- missive rent increase as set forth in this chapter. (Ord. 2862 ~ r, 2(02). 9.50.005 Purpose. A. The city council intends by this chapter to create a process to protect both mobilehome park owners and mobilehome park residents from excessive and unconscionable rent increases while simultaneously recognizing and providing for the need of mobilehome park owners to receive a just and reasonable return on their property. B. The city council intends by this chapter: 1. To prevent existing mobilehome owners, who are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their value, from loss of their investment and the resale value of their mobi1ehomes due to the fact that a new mobilehome resident is being charged excessive rents; 2. To protect and promote the availability of mobilehomes as a source of affordable housing; and 3. To encourage compliance with code requirements, to protect the public health, safety, and welfare of mobilehome park residents, and to provide for a fair return on the park owners' invest- ment so that compliance with code requirements are financially feasible in such circumstances where a rent increase in excess of the annual per- missive rent increase is proposed. C. The city council intends for the procedures contained in this chapter to provide a mechanism for the resolution of disputed increases in rents by making it advantageous for mobilehome park resi- dents and mobi1ehome park owners to establish a better understanding of each other's positions which will result in agreement on the amount of rent to be charged. The procedures of this chapter are established with the intent that they be accom- plished in a timely fashion. The participating parties shall commit to the goal that the entire dis- pute resolution process be completed within 120 days following receipt of a disputed notice of rent increase. (Ord. 2862 ~ I, 2002). 9.50.010 Definitions. Words used in this chapter shall have the mean- ing described to them in this section: 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. As used in this chapter, "mobilehome" has the same meaning as California Civil Code Section 798.3. B. "Mobilehome space" means a portion of a mobilehome park designated or used for the occu- pancy of one mobilehome. C. "Mobilehome park" or "park" is an area of land where two or more mobilehomes or mobile- home spaces are rented, or held out for rent, to accommodate mobile homes used for human habi- tation. D. "Mobilehome park owner" or "owner" means and includes the owner, lessor, operator, or manager of a mobilehome park. E. "Mobilehome owner" means a person who owns a mobilehome which is legally located in a mobilehome space within a mobilehome park in the city of Chula Vista. F. "Mobilehome resident" or "resident" means a person who occupies a mobilehome in a mobile- home park in the city of Chula Vista as a primary residence by virtue of having a rental agreement. "Mobilehome resident" or "resident" is inclusive of a mobilehome owner. G. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received in connection with the use and occupancy of a mobilehome or mobilehome space in a mobile- home park, including services, or in connection with the transfer of a lease for a mobile space or the subleasing of a mobilehome space. "Rent" shall (Revised 2/03) 9-48 Chula Vista Municipal Code 9.50.050 not include amounts paid by residents for such sep- arately metered utilities or services, as provided in California Civil Code Sectiou 798.41, or any sepa- rate charge for those fees, assessments or costs which may be charged to mobilehome residents pursuant to the California Civil Code. H. "Dispute" or "controversy" means a dis- agreement or difference which is subject to the res- olution process described in this chapter. I. "Consumer Price Index" or "CPI" means the All Urban Consumers/ Allltems component of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of Labor Statistics. J. "Mobilehome rent review commission" means the advisory body established by Chapter 2.31 CVMC to provide an independent review of rent increase disputes in mobilehome parks. (Ord. 2862 ~ 1,2002). 9.50.012 General applicability and exemptions. This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome res- idents and mobilehomes in mobilehome parks within the city of Chula Vista, unless otherwise exempted by state law or the provisions of this chapter. This chapter shall not apply to leases for a term exceeding one year which are exempted by Cali- fornia Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a statement in the first sen- tence of the first paragraph, in at least 12 point type or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent control provisions of this chapter will be automati- cally superseded by the lease provisions regarding rent and rent increases. This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces thereat are regulated pursuant to an agreement with the redevelopment agency of the city of Chula Vista under the authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such period of time as the agreement is in effect. (Ord. 2862 ~ 1,2002). 9.50.015 Applicability to recreational vehicles. This chapter applies to owners/occupants of rec- reational vehicles as defined in California Civil Code Section 799.29 where the recreational vehi- cle owner/occupant has been in residency for nine or more consecutive months. Notwithstanding the above, this chapter shall not be applicable to recre- ational vehicles residing in parks operated as recre- ational vehicle parks, where the predominant number of spaces are occupied for less than nine months. (Ord. 2862 * 1,2002). 9,50,020 Legal requirements and procedures created. This chapter creates legal requirements and pro- cedures which must be followed when rent is increased in mobilehome parks. In the event a mobilehome park owner increases rent without complying with the provisions of this chapter, including but not limited to providing the required notice, the park owner may be held accountable for such failure through criminal, civil and administra. tive action in accordance with CVMC 9.50.100 and 9.50.102. A park owner who willfully and improp- erly collects rent shall be subject to repayment of up to three times the amount of rent improperly collected, after a hearing before the mobilehome rent review commission, or in a civil action brought by a mobilehome resident. (Ord. 2862 ~ I, 2002). 9.50.050 Annual permissive rent increases and notices of CPl. A. Rents for mobilehome residents may be increased automatically and only once in a calen- dar year by no more than the percentage change in the CPI, when the CPI is three percent or less, and 7S percent of that change in the cpr above three percent to be known as the "annual permissive" rent increase. The park owner or their agent shall use the cpr in effect at the time such notice of increase in rents is served on residents, as provided in the notice of current cpr mailed to each park owner or their agent by the community develop- ment department. Calculation of the one-year lim- itation on rent increases shall be from the date the last increase became effective for that particular space or mobilehome. B. The community development department shall mail to each park owner or their agent the applicable cpr to be used for the rent increases as soon as the community development department receives the CPI from the Bureau of Labor Statis- tics. The CPI is published twice each year by the Bureau of Labor Statistics. Park owners shall use the cpr furnished to them by the community devel- opment department as controlling the maximum potential rent increase without a need for a hearing, and may not deviate from the cpr until the park 9-49 (Revised 2/03) 9.50.063 owner receives written notification from the com~ munity development department that the CPI has changed. The park owner shall post, in a prominent place, the notification from the community devel- opment department so that all residents are aware of the applicable CPI. C. Should a mobilehome resident feel that a proposed rent increase is in violation of this chap- ter, the resident may provide written notice to the park owner of such rent dispute. Within 10 calen- dar days of the written notice, the park owner shall meet with the resident to discuss this dispute. This meeting shall be held at a mutually convenient time and place, preferably at the mobilehome park. Additionally, within 30 days of receiving written notice from the resident of a rent dispute, the park owner shall provide the resident with a written response addressing such dispute. If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with the community development department of the city a complaint alleging the mobilehome park's viola- tion of the rent increase provisions of this chapter. Such complaint must include documentation or other information which provides compelling evi- dence of such violation and submitted within 14 days of receiving the park owner's written response addressing the dispute. The city, at its sole discretion and after review of the complaint and supporting documentation, will determine the necessity to audit the rent for the affected space in order to verify compliance with this chapter. Should the city determine that an audit is neces- sary, the city shall notify the park owner in writing of their determination, request written verification of the rent charged for the affected space for the last three years, and provide the park owner with a copy of the complaint. Within 14 days after deliv- ery of said notice from the city, the park owner or their agent shall mail (U.S. Postal Mail Service, return receipt requested) to the Community Devel- opment Department, 276 Fourth A venue, Chula Vista, CA 91910, written verification of the space rent charged for the affected space for the previous three years, such as copies of rent statements. Fail- ure to provide the community development depart- ment with the requested space rent information or knowingly submitting incorrect information shall be considered a violation of this chapter. (Ord. 2862 ~ 1, 2002). 9.50.063 Rent increase above the annual permissive rent increase. A. In any situation where a mobilehome park owner wishes to increase the rent above the annual permissive rent increase as set forth in CVMC 9.50.050, he or she must first give notice to affected residents, at the same time the 90-day notice required by Civil Code Section 798.30 is given. The notice of a rent increase in excess of the annual permissive rent increase shall be in substan- tially the form prescribed in Appendix One of this chapter. B. If the residents within the affected mobile- home park have established an on-site representa- tive body and notify the owner in writing of its existence, a copy of the rent increase notice must be sent to the chairperson of that body. C. A copy of the rent increase notice shall be mailed (U.S. Postal Mail Service, return receipt requested) at the same time as issuance of the notice to residents to both the community develop- ment department and planning and building depart- ment of the city of Chula Vista at the addresses identified herein for each of the designated depart- ments. City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Altn: Housing Manager City of Chula Vista Planning and Building Department 276 Fourth A venue Chula Vista, CA 91910 Altn: Assistant DirectorlBuilding Official D. The rent increase notice must contain the space numbers of all residents who are subject to a increase which is above the annual permissive rent increase set forth in CVMC 9.50.050. (Ord. 2862 ~ 1,2002). 9.50.064 Owner meetings and possible voluntary negotiations. Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063 and 9.50.077, the park owner shall hold an informal meeting for the benefit of the affected residents to discuss the increase. It is hoped that such a meeting may lead to voluntary settlement of the dispute. (Revised 2/03) 9-50 Chula Yista Municipal Code 9.50.073 The meeting should be set for a time and date believed to be convenient for residents and may be changed to a different date based on the reasonable request of the majority of affected residents. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled. The decision of the mobilehome rent review commission shall be applicable to all affected homeowners. In the event that more than 50 percent of the res- ident(s) and park owner reach a voluntary written agreement of the increase in space rent, the rent shall be fixed as specified in CYMC 9.50.075. Should the affected resident(s) and the park owner be unable to reach a voluntary settlement of the dis- pute in the increase in space rent, the resident shall be entitled to file a "Request for Hearing" form as permitted in CYMC 9.50.066 and 9.50.070. (Ord. 2862 ~ 1,2002). 9.50.066 Request for hearing form. Mobilehome residents shall have a right to file for a hearing and determination by the mobilehome rent review commission of rent increases in excess of the annual permissive rent increase. To file for such a hearing, a resident must deliver the request for hearing form to the city's community develop- ment department within 30 days of the delivery of "Notice of Rent Increase in Excess of the Annual Permissive Rent Increase" from the park owner or their agent. The request for hearing shall be in substantively the form prescribed in Appendix One of this chap- ter. (Ord. 2862 ~ I, 2002). 9.50.070 Initiation of space rent review. If a rent dispute cannot be resolved at a meeting with a park owner, a resident may initiate a rent review by the mobilehome rent review commission by filing a request for hearing with the community development department, in the form prescribed in CYMC 9.50.066. Upon the filing of a request for hearing in accor- dance with this chapter, the city community devel- opment department shall notify the chairperson of the mobilehome rent review commission of such request, who shall schedule a hearing on the matter within 30 days after the date of receipt of such request or as soon thereafter as practical. The city shall send written notice to the park owner and the resident(s) filing such request for hearing of the time and place set for the hearing. The hearing will be noticed and held in a manner that provides due process to all aIfected parties. Should such hearing affect more than 50 percent of those spaces at the mobilehome park, the park owner or their agent shall post in a conspicuous place within the mobilehome park a copy of the written notice of the hearing. (Ord. 2862 !i I, 2002). 9.50.073 Factors to consider in fixing space rent through the hearing process. If a proposed rental increase is submitted to the mobilehome rent review commission ("commis- sion") pursuant to the provisions of this chapter, the commission shall determine the rent that is fair, just and reasonable, and, in doing so, shall consider the factors listed below. The commission has the authority to request information andlor documen- tation related to these factors that will assist them in making such determination. The community development department and/or their designee shall review all evidence to be presented to the commission for their consideration. The commis- sion's decision shall be based on the preponder- ance of the evidence at the hearing. The commission shall consider the following factors: A. The need for the proposed rental increase in order to permit the owner to secure a fair and rea- sonable return, when considering the existing rental scheme for all spaces in the park and all existing or expected expenses in owning and oper- ating the park. A fair and reasonable return may be determined by the commission by reference to industry standards, risk of investment, or other acceptable standards. 1. In considering the existing or expected expenses in owning and operating the park in fol- lowing prudent business practices, the commission should consider the following or any similar or related items of expense, the reasonableness of such items, and changes to them: a. Actual financial investment in park improvements. b. Property or other taxes. c. Mortgage or ground rent payments. d. Utility costs. e. Capital improvements or rehabilitation work. f. Repairs required. g. Other operating and maintenance costs. Operating costs shall not include the following: i. A voidable and unnecessary expenses, including refinancing costs; 9-51 (Revised 2/03) 9.50.075 ii. Any penalty, fees or other interest assessed or awarded for violation of this or any other law; iii. Legal fees, except legal fees incurred in connection with successful good-faith attempts to recover rents owing, and successful good-faith unlawful detainer actions not in deroga- tion of applicable law, to the extent same are not recovered from residents; iv. Depreciation of the property; v. Any expense for which the park owner has been reimbursed by any security deposit, insurance settlement, judgment for dam- ages, settlement or any other method. Cost of replacement or repair incurred or necessary as a result of the park owner's negligence or failure to maintain, including costs to correct serious code violations at the park. 2. In considering the existing or expected income from owning and operating the park, the commission should consider the rent schedule for all spaces in the park and any similar or related items verifying income for the mobilehome park for the last three years, the reasonableness of such items, and changes to them. B. Rate of return earned by the park owner in previous years as determined by a fair market appraisal conducted by a Member Appraisallnsti- tute (MAl) appraiser. The city, as well as the park owner, shall have the right to hire their own inde- pendent MAl appraiser. C. The extent to which the proposed rental increase will cause a reduction in the resale value of the mobilehome. D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area published by the Bureau of Labor Statistics. E. Fair market rental value as determined by "comparables" of similar and existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County, including those in Chula Vista, as determined by an MAl appraiser. The city, as well as the park owner, shall have the right to hire their own independent MAl appraiser. F. The timing and amount of rents and increases for this and other spaces at the mobile- home park. G. The quantity and quality of the improve- ments and features at the mobilehome park and any decrease or increase in such improvements and fea- tures. H. The quantity and quality of services offered to park residents and any decrease or increase in such improvements and features. (Ord. 2862 S 1, 2002). 9.50,075 Fixing of space rent in excess of the permissive rent increase. The rent on any particular mobilehome space shall be fixed as established herein. Any determi- nation of fair, just, and reasonable rent determined by the commission shall not be applicable to those spaces exempt from this chapter nor to those spaces not covered by the written notice of an increase in rent. A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual permissive rent increase for that calen- dar year, with or without the benefit of a commis- sion hearing, the rent shall be fixed at the agreed upon rent at such time as the agreement is reached unless the agreement provides for a different effec- tive date. B. In the event that the resident and an owner do not reach agreement, and the rent has been estab- lished by the commission according to the proce- dures herein established, the rent shall be fixed at the rental rate so established by the commission as of the date of the commission's decision, or 90 days after the resident's original receipt of the notice of rent increase, whichever is later, unless the commission shall fix a different date. C. Consistent with its findings, the commission may: I. Permit the requested increase which is in excess of the annual permissive rent increase to become effective in whole or in part; or 2. Deny the increase which is in excess of the annual permissive rent increase. However, the commission may not set the rent lower than the pre-existing rent or higher than the amount contained in the notice of rent increase in excess of the annual permissive rent increase. D. Unilateral Refusal to Participate in the Hear- ing Process. In the event the commission finds that the resident or owner has failed or refused to, in good faith, follow the procedure herein fixed for the establishment of rent, which may include but not be limited to refusal to attend noticed hearings or failure to provide a copy of all rent increase notices to residents, then the commission shall fix the rent as follows: 1. If the resident has failed or refused to fol- low the procedures herein fixed for the establish- ment of rent, then the rent shall be fixed at the rental rate contained in the notice of rent increase in excess of the annual permissive rent increase. (Revised 2/03) 9-52 Chula Vista Municipal Code 9.50.077 2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the annual permissive rent increase. E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or greater than the rent fixed by subsec- tions (A), (B) or (C) of this section shall constitute a waiver by the owner of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless the tenant consents, in writing, to waive the provisions of this subsection. F. All parties to the hearing shall be advised of the commission's decision and be given a copy of the findings upon which the decision is based. The conclusions and findings of the commission shall be final. Any party disputing the final conclusions and findings of the commission may seek review of the commission' s actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. 2862 ~ 1,2(02). 9.50.076 New and prospective mobilehome residents - Transfers of mobilehomes. A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a mobilehome park, the park owner or their agent shall provide the new or prospective mobilehome resident with a copy of the disclosure as specified in CVMC 9.50.085, a copy of any notice of rent increase, and a copy of this chapter as currently in force. B. The park owner must follow all procedures and requirements for disclosure and noticing of rent increases in excess of the CPI as set forth in this chapter. C. Park owners must comply with the provi- sions of California Civil Code 798.70 et seq. related to transfers of mobilehomes, including the provisions of Civil Code Sections 798.75 and 798.75.5. (Ord. 2862 ~ 1,2002). 9.50.077 Vacancies and rents upon change of mobilehome ownership. Notwithstanding any other provision of this chapter, the mobilehome park owner may increase space rent in the event of a space vacancy or a change of ownership of a mobilehome which will remain on its current space in accordance with the following: A. In the event that a space becomes vacant, that is, with no mobilehome in place, a park owner may adjust the space rent without regard to the pro- visions of this chapter. B. If a mobilehome changes ownership but remains on the same space within the mobilehome park, the park owner may propose an increase in the space rent subject to the noticing requirements contained herein. However, no rent increase may be charged upon change of ownership by reason of interspousal transfers. C. This increase is in addition to the annual per- missive rent increase as set forth in CYMe 9.50.050 and is not subject to the once-a-year lim- itation of CVMC 9.50.050(A). D. After an increase under this section, further rent increases shall be governed by the .provisions of this chapter. E. Should a current mobilehome owner desire to sell his or her mobilehome and such mobile- home will remain within the mobilehome park, the mobilehome owner must provide a written notice to the park owner or their agent of his or her intent to sell. Within 15 days of the receipt of a written notice of the current mobilehome owner's intent to sell the mobilehome, the park owner or their agent shall provide a written statement as to the rental rate to be offered to the new or prospective mobile- home owner and if an increase in the existing rental rate is proposed, the corresponding. percentage of the increase in rent. Both the current mobilehome owner and the park owner or their agent shall pro- vide all new or prospective mobilehome owners with a copy of such written statement of the rental rate. Should no offer to purchase the mobilehome be accepted within six months of the written statement of the rental rate to be offered to the new or pro- spective mobilehome owner, the park owner or their agent may provide a revised written statement of the rental rate to be offered and whether such rental rate is in excess of the annual increase in the applicable CPI. Such written statement can be revised by the park owner or their agent every six months thereafter and shall be immediately pro- vided to the current mobilehome owner. Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner shall immediately provide written notice to the park owner or their agent of the pending sale of the mobilehome and an address at which the new mobilehome owner may be contacted. The park 9-53 (Revised 2/03) 9.50.078 owner shall provide to the new mobilehome owner a written statement as to the rental rate to be offered and if an increase in the existing rental rate is pro- posed, the corresponding percentage of increase in rent within 15 days of receiving written notice of the pending sale of a mobilehome. The park owner shall also provide the new mobilehome owner with any other document required by California Civil Code Section 798.75(a). The park owner or their agent shall provide a copy of each written statement of rent provided to both the current and new mobilehome owner to the city of Chula Vista community development department at the same time as issuance of the notice to the current and new mobilehome owner. The copy of the rent increase notice shall be mailed (U.S. Postal Mail Service return receipt requested) to the Community Development Department of the City of Chula Vista, 276 Fourth A venue, Chula Vista, CA 91910. If the residents within the affected mobile home park have established a rep- resentative body and notified the owner in writing of its existence, a copy of each rent increase notice must be sent to the chairperson of that body. Where an increase in rent to the new or prospec- tive mobilehome owner is proposed and results in a total rent increase in the calendar year above the annual pertnissive as provided in CVMC 9.50.050, the following additional noticing requirements and review process shall apply: 1. The park owner or their agent shall pro- vide the current owner and the new or prospective mobilehome owner with a notice of rent increase in excess of the annual permissive rent increase upon change of ownership in substantially the fortn pre- scribed in Appendix One of this chapter. Such writ- ten statement of the rental rate to be offered shall contain a place for the outgoing mobilehome owner to acknowledge receipt of the statement of rent. The notice provided to the new or prospective mobilehome owner shall also state whether the cur- rent mobilehome owner completed the hearing process or reached agreement as to the increase if the rental rate is proposed to increase in an amount greater than the annual permissive. 2. Either the current or new mobilehome owner shall have the right to a hearing and decision regarding the increase under the provisions of CVMC 9.50.066, 9.50.070 and 9.50.073. A request for hearing form must be filed within 30 days after receipt of the written statement of rental rate in substantially the form prescribed in Appendix One. (Ord. 2862 ~ 1,2002). 9.50.078 Right to mediate mobilehome resale price. A. In line with the purpose of this chapter to maintain a supply of affordable housing in the mobilehome market, it is the goal and objective of the city that a current mobilehome owner should not be able to command, due to limited mobile- home space availability, a higher price for a mobilehome upon sale due to the fact that the rent is regulated by the provisions of this chapter. The city council finds that there is currently no evi- dence that overcharging for mobilehomes is a sig- nificant problem in Chula Vista, and that it has little, if any, significant effect on the supply of affordable housing in the city of Chula Vista, so as to require mobilehome resale price regulation by the city. The city council finds that this is due, in part, to the annual permissive rent increases pro- vided in this chapter. The city council further finds that if, after time, it appears that the mediation pro- cess offered by this section is inadequate to address any potential problem with overcharging, it may reconsider more stringent control over mobile- home overcharging in the future. B. The park owner shall post the following notice in a prominent place, in the on-site office: NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBILE- HOME In addition to the right to a hearing on an increase in rent above the applicable CPI, a potential purchaser of a mobilehome has the right to mediate the purchase price of a mObilehome, if you contend that the pur- chase price is higher because of rent reg- ulation, then the purchase price might ordi- nary be without rent regulation. In order to submit the purchase price dis- pute, based solely on the grounds than the purchase price is more than would ordi- narily be without rent regulation, between yourself and your potential selier to the Chula Vista Mobilehome Rent Review Commission for nonbinding mediation your must: 1. Extend an offer to purchase the mobile- home, but not execute an agreement to purchase; (Revised 2/03) 9-54 Chula Yista Municipal Code 9.50.081 2. Sign and file with the community devel- opment director the form requesting medi- ation prior to executing a purchase agree- ment; and 3. Participate in the mediation process pro- vided by the Mobilehome Rent Review Commission. C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome resident contends that the price at which the mobilehome is offered by the current mobilehorne owner is higher because of rent regulation than the price of the mobilehome without rent regulation, the new or prospective mobilehome owner has the right, upon tender to the seller of an offer to pur- chase the mobilehome at a price acceptable to the new or incoming mobilehome owner, to submit the price dispute to the mobilehome rent review com- mission for mediation. D. Upon submittal of the price dispute to the mobilehome rent review commission by the new or prospective mobilehome owner, the commission shall convene as soon as practical to hear the dis- pute, not sooner than 10 days notice to the buyer and seller of the time and place at which the medi- ation shall occur. If the seller fails to appear, the commission should hear the complaint and evi- dence of the new or prospective mobilehome owner for the purpose of creating a record of such abuses, if any. However, the commission shall have no power to set the resale price of a mobile- home with or without the presence of the parties. E. The purpose of the mediation, and the sole jurisdiction of the commission in the mediation, is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome as if the rents in the park were not regulated by this chapter. (Ord. 2862 ~ 1,2(02). 9.50.079 Findings regarding serious code violations. A. The city council finds that there currently exists serious health and safety issues in certain mobilehome parks within the city. These health and safety issues are particularly acute in the older trailer parks in the city. In order to establish a min- imal level of health and safety standards which must exist in all mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the city council finds that the violations listed in Appendix Two constitute serious code violations which may not exist within a mobile- home park at the time of the proposed rent increase. B. The city council further finds that the provi- sions of this chapter provide for a sufficient return on investment and allow for a sufficient period of time to allow park owners to meet the minimal health and safety standards set forth herein. The city council finds that adoption of this chapter does not constitute an action or inaction by the city which will result in the closure, cessation or change of use of a mobilehome park. Except in these cases where the city council, in its discretion, decides not to renew a conditional use permit or zoning vari- ance as provided for in Government Code Section 65863.7(i), the city council finds that any closure, cessation or change in use of a mobilehome park occurring after the adoption of this chapter is the result of the decision of the park owner, and, prior to any such closure, cessation or change in use, the mobilehome park owner must comply with the pro- visions of Government Code Sections 65863.7 and 65863.8 as well as the provisions of the city's con- version ordinance, Chapter 9.40 CYMC. (Ord. 2862 ~ 1,2002). 9.50.080 Notice of serious code violations. In the event a park owner wishes to increase space rents in excess of the annual permissive rent increase, he or she must first give notice to affected residents in compliance with the notice require- ments contained in CYMC 9.50.063. The notice of a rent increase in excess of the annual permissive rent increase shall be in substantially the form pre- scribed in Appendix One of this chapter and shall include information regarding a review for serious code violations. The park owner shall post, in a prominent place, a copy of Appendix Two of this chapter so that all residents are aware of those code violations which may create serious health, safety, and welfare prob- lems. Failure to maintain a posted copy of Appen- dix Two, or failure to provide the notice required below in connection with any proposed space rent increase, shall constitute a violation of this chapter. The requirements of this section are not applica- ble to those rent increases upon a change in owner- ship of a mobilehome to remain in the park. (Ord. 2862 ~ 1,2002). 9.50.081 Proposed space rent increases at a time when there exist serious code violations at park. The city council finds that at times residents in parks have alleged that their rents are being 9-55 (Revised 2/03) 9.50.082 increased, even though the park is in a state where serious code violations which affect the health, safety, and welfare of the residents exist. The city council further finds that park owners should be required to operate and maintain their parks in sub- stantial compliance with applicable codes and par- ticularly in a manner which is not hazardous to the health, safety, and welfare of the residents. There- fore, in order to encourage compliance with code requirements and to protect the health, safety and welfare of park residents, the city council finds that it is necessary and appropriate to establish a pro- cess to limit or prohibit increases in rents which are above the annual permissive rent increase unless and until it has been reasonably determined by city staff that no serious code violations as listed in Appendix Two hereto exist at the park which would be hazardous to the health, safety, and wel- fare of the residents. Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of the annual permissive rent increase, the city's plan- ning and building department shall schedule an inspection of the subject mobilehome park consis- tent with Appendix Two within 21 calendar days of receiving a notice of such rent increase. Subject to staffing limitations, city staff will make a determi- nation within 30 calendar days of the inspection of the subject mobilehome park as to whether or not a serious violation or violations exist within the park and whether it or they do adversely affect the health, safety, and general welfare of residents. The notice of such determination shall be provided to any homeowners association at the park, which is registered with the community development department, and to the park owner. The park owner may meet with city staff to discuss the violation(s) determined to exist and possible actions needed to cure such violation(s). If a serious violation as specified above is deter- mined to exist, the park owner may cure the viola- tion, in which case the rent increase will become effective upon such cure, after the 90 days as spec- ified in the notice of rent increase, or upon fixing of the space rents by the commission whichever date or event last occurs and in compliance with CVMe 950.063. The park owner will receive written noti- fication from the city of the cure of any such seri- ous violation as determined by city staff. In the alternative, the matter of any alleged code violation shall be considered as part of the hearing process on the proposed increase or the park owner may request a hearing before the mobilehome rent review commission on the matter of the alleged violation's relation to the proposed rent increase. The commission may take into consideration any code violation which has not been resolved, in determining to what extent a rent increase, if any, should be allowed. After making such determina- tion, the commission shall fix the rent as provided for in CYMC 950.D82. It is not the intent of this section to delay rent increases, but to attempt to resolve serious code violations during the 90-day period required by state law prior to the effective date of any rent increase. This section does not limit or preclude the city from proceeding in accordance with all appli- cable laws against a park owner if it is found that a violation of code exists at the park. Furthermore, any review of the specific code violations listed in Appendix Two is not intended to substitute for the comprehensive inspection program for mobile- home!trailer parks administered by the planning and building department in compliance with Title 25 of the California Code of Regulations. (Ord. 2862 ~ I, 2002). 9.50.082 Denial or partial reduction of rent increases based upon code violations. The violations which may result in a denial or reduction in any proposed rent increase which is in excess of the annual permissive rent increase are limited to those listed in Appendix Two. Each year, the community development department shall send a copy of Appendix Two to each park for posting in a common area as required above. Violations listed in Appendix Two hereto may be modified from time to time by the city manager without necessity of additional ordinance by the city coun- ciL In making a determination regarding whether to permit that rent increase which is in excess of the annual permissive rent increase when serious code violations exist, the commission and city staff shall have the discretion to work with a park owner to bring a park into compliance over a period of time. If a park owner contends that immediate compli- ance would result in the immediate closure of a park, the commission and city staff shall consider this contention and address the issues of compli- ance on a case-by-case basis. However, the city council finds that compliance with the minimal health and safety standards provided for herein will not result in such closures. (Ord. 2862 ~ I, 2002). (Revised 2/03) 9-56 Chula Vista Municipal Code 9.50.092 9.50.085 Compliance with law and posting and disclosure requirements. A. Every mobilehome park owner shall comply with the provisions of the Mobilehome Residency Law (Chapter 2.5, Section 798 of the California Civil Code), and the provisions of this chapter. Also, a copy of the Mobilehome Residency Law and this chapter shall be prominently posted in a common area of each park's premises at all times. B. In addition, the information contained in the disclosure below shall be provided as follows: I. When a mobilehome in a park is to be sold and it will remain in the park, the seller shaH show the disclosure to all potential buyers; 2. The park owner will provide a copy of the disclosure to a buyer of a mobilehome that will remain in the park prior to signing of a rentaUlease agreement; and 3. A copy of the disclosure acknowledged by the buyer shall be an addendum to every rental agreement. MUNICIPAL CODE CHAPTER 9.50 DISCLOSURE Chula Vista Municipal Code Chapter 9.50, Mobilehome Park Space Rent Review, governs all rnobilehome park spaces for leases of 12 months or less. For leases of more than 12 months, Chapter 9.50 does not appiy, per Section 9.50.012 and State law. Chapter 9.50 generally applies to, but is not limited to, rent control measures. Of particular interest is Section 9.50.063, which details the noticing requirements for increases in space rent upon a change in ownership of a mobilehome that is to re- main within the park, whether or not the in- crease is in excess of the annual permis- sive rent increase. If the cumulative annual increase is great- er than the applicable change in the CPI, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%), then the new or prospective mobilehome owner (buyer) or the current mobilehome owner (seller) has the right to request a hearing from the Chula Vista Mobilehome Rent Review Commission for enforcement of Chapter 9.50. For the purposes of this paragraph "cumulative annual increase" means the total rent increase for the space within the past year, For example, if the annual per- missive rent increase is four percent, but the rent was increased less than four per- cent, the park owner may require an addi- tional rent increase up to the total four per- cent without becoming subject to the right to appeal provisions of the Mobilehome Park Space Rent Review Ordinance. This hearing must be requested within 30 days of receiving such written statement by sub- mitting a Request for Hearing Form the City of Chula Vista Community Develop- ment Department, the address of which is listed below. A copy of the Mobilehome Rent Review Ordinance is available at the City of Chula Vista, Community Development Depart- ment, 276 Fourth Avenue, Chula Vista, CA 91910 or one can be obtained from park management. Acknowledgment: Signature Date: Name (Ord. 2862 S I, 2002). 9.50.087 Implementation guidelines. After a noticed public hearing, as it deems nec- essary, the commission may adopt guidelines or regulations to aid in the implementation of this chapter and to assure a fair hearing process, (Ord. 2862 S 1,2002). 9.50.090 Mobilehome resident's right of refusal. A mobilehome resident may refuse to pay any increase in rent which is in violation of this chap- ter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile- home space or to collect a rent increase. (Ord. 2862 S I, 2002). 9.50.092 Retaliatory eviction. In any action brought to recover possession of a mobilehome or mobilehome space, the court shall consider as grounds for denial any violation of any provision of this chapter. Further, the determina- tion that the action was brought in retaliation for 9-56.1 (Revised 2/03) 9.50.100 the exercise of any rights conferred by this chapter shall be grounds for denial. (Ord. 2862 S 1,2002). 9.50.100 Civil and administrative remedies. A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted in an amount of up to triple the amount of such improperly collected rent, and for such rea- sonable attorney's fees and costs as may be deter- mined by the court. B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the mobilehome rent review commission, to have willfully and improperly collected rents or other fees or charges, the commission may, on the basis of evidence received at such hearing support- ing a determination that such rents, fees or charges were willfully and improperly collected, require a reduction in rent or a reimbursement of such improperly collected rents, fees, or charges, in an amount of up to triple the amount of such improp- erly collected rents, fees or charges. COrd. 2862 S 1,2002). 9.50.102 Criminal remedies. Any person committing a violation of this chap- ter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than a $1,000 or by imprisonment in the county jail for a period of six months in jailor by both such fine or imprisonment. The following nonexclusive acts, without limitation due to enu- meration, shall constitute a criminal violation of this chapter, including the owner of a park if done by an owner's agent with the knowledge or consent of the owner: A. Knowingly demanding, accepting or retain- ing any rent in excess of the amount fixed by this chapter, including the demanding of rent waived under the provisions of CYMC 9.50.075CE), except that demands for annual increases in rent and negotiations for rent pennitted under this chap- ter shall not be deemed illegal. B. Knowingly commencing, or threatening to commence, or maintaining an eviction or unlawful detainer proceeding against a resident for the fail- ure to pay a rent in excess of the amount fixed pur- suant to this chapter. COrd. 2862 ~ I, 2002). 9.50,115 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such portion shall be deemed a separate and independent provision and such decision shall not affect the validity of the remainder. COrd. 2862 ~ 1,2002). Appendix One NOTICE - RENT INCREASE IN EXCESS OF THE ANNUAL PERMISSIVE RENT INCREASE IF YOU DO NOT TAKE ACTION TO RE- QUEST A HEARING BY THE MOBllE- HOME RENT REVIEW COMMISSION WITHIN THIRTY DAYS, THIS INCREASE SHAll BE AUTOMATICAllY EFFEC- TIVE ON (DATE) [Not sooner than ninety days after date of notice.}, EXCEPT AS PROVIDED IN SEC- TION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED THEREIN This is a notice of a rent increase which ex- ceeds the annual permissive rent increase as set forth in Section 9.50.050 of the City of Chula Vista's Municipal Code. An annu- al rent increase 01 the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three per- cent (3%) is allowed without a right to a hearing of the Commission. The CPI is _ % and the annual permissive rent in- crease is _ %. This increase is _ % of your current rent. Additionally, this is your notice that Chap- ter 9.50 of the City of Chula Vista Munici- pai Code specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050 cannot be auto- matically increased for any park when there exists serious violations of applicable codes, as specifically listed in Appendix Two to Chapter 9.50. (Revised 2/03) 9-56.2 Chula Vista Municipal Code Appendix One 1. Voluntary Meeting. I am required to hold a meeting with the residents to dis- cuss the general reasons for the increase. The meeting will be at [state time (must be within ten days) and place (should be at mobilehome park)]. Under the City's ordinance, owners and residents are encouraged to attempt to re- solve differences and reach a voluntary agreement regarding this increase. 9.50.079 and based upon Appendix Two. A list of the specific code vioiations which apply may be obtained from the office of the Community Development Department during normal business hours, and is re- quired to be posted in a common area of each park's premises at all times. Under the city's Municipal Code, you are entitled to the foilowing rights: 2. Right to a Hearing. You have the right to file for a hearing and determination by the Mobilehome Rent Review Commission by delivering a form as described in Sec- tion 9.50.066. You may file for such hear- ing only if you or your representative at- tend the meeting to discuss the increase. To file for such hearing you must deliver the request for Hearing form to the City's Community Development Department within thirty days of the date this notice is served on you. The City will provide notice of its determi- nation as to whether or not a serious viola- tion or violations exist at the mobilehome park and whether it or they do adversely affect the health, safety, and general wel- fare of residents to any homeowners asso- ciation at the park, which is registered with the Community Development Department, and to the park owner. It is the City's intent to attempt to resolve serious code viola- tions during the 90 day period required by State law prior to the effective date of any rent increase. Section 9.50.080 does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a vi- olation of code exists at the park. If you are unable to attend the meeting as scheduled, you may elect to send a repre- sentative. Please submit in writing to the park owner and the Community Develop- ment Department notification that you have elected to be represented at such meeting by another party and stating the name of your representative. The following space numbers are subject to this increase: [insert numbers of affect- ed spaces]. If you have questions, or need more infor- mation regarding the hearing process or serious code violations, you can call the City at (619) 585-5722. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobile- home park to cause a public hearing to be scheduled. In the event a request for hear- ing is initiated, the action will include the rent increase issues with regard to all the affected residents. Park Owner/Manager Date 3. Review of Serious Code Violations. In order to establish a minimal level of health and safety standards which must exist in all mobile home parks prior to any rent in- crease in excess of the annual permissive rent increase, the City will conduct an in- spection of this mobilehome park in com- pliance with the requirements of Section 9-56.3 (Revised 2103) Appendix One NOTICE - ANNUAL CUMULATIVE RENT INCREASE IN EXCESS OF THE ANNUAL PERMISSIVE UPON CHANGE OF OWNERSHIP fails to pursue such hearing to completion, the new or prospective mobilehome owner is entitled to file for such a hearing with the City's Community Development Depart- ment. IF YOU DO NOT TAKE ACTION TO RE- QUEST A HEARING BY THE MOBILE- HOME RENT REVIEW COMMISSION WITHIN THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY EFFEC- TIVE UPON THE SALE OF YOUR MO- BILEHOME AND SUBJECT TO THE NO- TICING REQUIREMENTS CONTAINED THEREIN You may file for such hearing only if you or your representative attend the meeting to discuss the increase. To file for such hear- ing you must deliver the request for Hear- ing form to the City's Community Develop- ment Department within thirty days of the date this notice is served on you. If you do not file such request, you forfeit your right to a hearing on the rent increase. This is a notice of a rent increase which ex- ceeds the annual permissive rent increase as set forth in Section 9.50.050 of the City of Chula Vista's Municipal Code. An annu- al rent increase of the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three per- cent (3%) is allowed without a right to a hearing of the Commission. The CPI is ~ % and the annual permissive rent in- crease is_ %. This increase reflects a cumulative increase for the space of _%. If you are unable to attend the meeting as scheduled, you may elect to send a repre- sentative. Please submit in writing to the park owner and the Community Develop- ment Department notification that you have elected to be represented at such meeting by another party and stating the name of your representative. If applicable: The current resident/seller 0 has o has not completed the hearing pro- cess. Under the City's Municipal Code, you are entitled to the following rights: If you have questions or need more infor- mation regarding Chapter 9.50 of the City's Municipal Code, Mobilehome Park Space Rent Review Ordinance or the re- view process, you can call the Community Development Department of the City at (619) 585-5722. 1. Voluntary Meeting. I am required to hold a meeting with you to discuss the general reasons for the increase. The meeting will be at [state time (must be within ten days) and place (should be at mobilehome park)]. Under the City's ordinance, owners and residents are encouraged to attempt to resolve dif- ferences and reach a VOluntary agreement regarding this increase. Acknowledgment: Signature: Name Date: 2. Right to a Hearing. You have the right to file for a hearing and determination by the Mobilehome Rent Review Commission by delivering a form as described in Sec- tion 9.50.066. The current mobilehome owner has the first right to a hearing on the rental increase, and in the event he or she 9-56.4 (Revised 2/03) Chula Vista Municipal Code Appendix Two REQUEST FOR HEARING Appendix Two Rent Increase In Excess Of The Annual Permissive Rent Increase MOBILEHOME PARK CODE VIOATIONS WHICH MAY CREATE SERIOUS HEALTH, SAFETY, AND WELFARE PROBLEMS The undersigned hereby requests a hear- ing before the Mobilehome Rent Review Commission with regard to a proposed rent increase described in the attached no- tice - Rent Increase in excess of the annu- al permissive rent increase relating to the Mobilehome Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the park owner.] INDIVIDUAL SPACES - Exterior only A. All lots shall be numbered in a conspic- uous location facing the interior roadway. [Section 11 04(a)] B. Power sources and plumbing ade- quately supplied, supported, and protect- ed. [Sections 1170, 1182, and 1280] The undersigned is a resident of the park and has attended a meeting with the park owner, or sent a representative on his be- half, as required in Section 9.50.064 of the Chula Vista Municipal Code. The dispute has not been settled. C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150) THE FOLOWING APPLY TO PARK GROUNDS - NOT INDIVIDUAL SPACES It is understood that this request is irrevo- cable and that it may be relied on by other residents of the mobile home park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review Commission will schedule a public hearing to consider the proposed rent increase, taking into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the decision of the Mo- bile home Rent Review Commission shall be applicable to all affected homeowners and shall be final and binding. PARK IN GENERAL - not individual spaces/lots PARK GROUNDS A. Ciearly identify park address at street. [CVMC Section 12.48.030] B. Emergency information posted in con- spicuous place. [Section 1686] Print Name C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if park constructed prior to 9-15-61). If parking is allowed on one side of roadway, minimum clearance is 32 feet, and if parking is per- mitted on both sides of roadway, a mini- mum clearance of 40 feet is required. if there is some type of curb divider, each side must be a minimum of 15 feet. [Sec- tion 1106] Signed Address Telephone No. D. Maintain proper grading and drainage (Accumulation of water). [Section 161 O(a)] Date [The completed form must be delivered to the City of Chula Vista, Community Devel- opment Department, Attn: Housing Man- ager, 276 Fourth Avenue, Chula Vista CA 91910] E. Adequate refuse/rubbish disposal. [Section 1610(d)] F. No illegal discharge of liquid or solid wastes (CVMC 19.66.150) 9-56.5 (Revised 2/03) Appendix Two PERMANENT BUILDING STRUCTURES o. All electrical switches, circuit breakers, receptacles, lighting fixtures, control equipment, and metering devices located in wet places or outside of a building shall be rain-tight type equipment. [Section 1170(a)] G. Any new structures or work to have re- quired permits. [Section 1018(a)] H. Maintenance sufficient to assure mini- mum life and safety standards. [Section 1636] P. Sufficient space around electrical equipment to permit ready and safe oper- ation. [Section 1646(a)(b)] I. Water heater properly installed and vented. [Uniform Plumbing Code Sections 508.0, 512.1, and 608] Unless otherwise noted, all Section refer- ences are found in Title 25 of the California Code of Regulations. J. Required lighting in public toilets, show- ers, and laundry facilities. [Section 1612] 1. Exit Doors (CFC 2501.8) The Department of Planning and Building of the city of Chula Vista shall provide a copy of all referenced code sections to all park owners and/or their agents. Copies of these referenced code sections shall be maintained at all tirnes at the on-site Man- ager's office and may be viewed during normal business hours by any and all res- idents. K. Conformance with the California Fire Code (CFC): 2. Aisles (CFC 2501.9) 3. Seating (CFC 2501.10) 4. Exit ways must be free of obstructions. [CFC 2501.11J 5. Fire extinguishers shall be maintained in good repair. [CFVC 2501.13] 6. Exits shall be identified and lighted. [CFC 2501.15,1211 and 1212] 7. Room capacity shall be posted. [CFC 2501.16.1] UTILITIES L. All electrical equipment outside perma- nent buildings shall comply with require- ments of the California Electrical Code (CEC). [Section 1134(a) and 1384] M. All overhead electrical supply and con- ductors and supporting structures shall comply with requirements of the California Public Utilities Commission Rules for Overhead Electrical Line Construction. [Section 1134(b) & (c)] N. Connections adequately protected if subject to potential damage by vehicles, etc. [Sections 1228(a) and 1280] (Revised 2/03) 9-56.6 Chula Vista Municipal Code IOJz~ lo(p lfe,w]IZ G 005/vlS l-hr00wi 9.60.030 Chapter 9.60 SALE OF MOBILE HOME PARKS Sections: 9.60.0]0 9.60.020 Definitions. Mobilehome owners' right to purchase. Exemption. Mobilehome park owner affidavit of compliance. Judicial rights. 9.60.030 9.60.040 9.60.050 9.60.010 Definitions. Unless the context otherwise requires, the terms defined herein shall for all purposes pertaining to this section have the meanings defined herein: A. "Mobilehome" shall mean a structure designed for human habitation and being moved on a street or highway under permit pursuant to Vehi- cle Code Section 35790. B. "Mobilehome owner" or "homeowner" shall mean a person who has a tenancy in a mobilehome park under a rental agreement. C. "Mobilehome park" or "park" is an area of land where five or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. D. "Mobilehome park owner" means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park. E. "Tenancy" is the right of a mobilehome owner to use of a site within a mobilehome park, on which to locate, maintain and occupy a mobile- home, site improvements, and accessory structures for human habitation, including the use of the ser- vices and facilities of the park. F. "Notify" means the placing of a notice in the United States mail addressed to the mobilehome owners at the mobilehome owners' addresses within the park or as otherwise known to the park owner. Each such notice shall be deemed to be given upon the deposit of the notice in the United States mail. G. "Offer" means any solicitation by the mobilehome park owner to the general public. H. "Resident organization" means any organi- zation formed pursuant to Health and Safety Code Section 50561. (Ord. 2268 * I, ]988). 9.60.020 Mobilehome owners' right to purchase. A. Any resident organization entitled to notice of a listing of a mobilehome park for sale or notice of any offer to sell the park to any party, pursuant to Civil Code Section 798.80, shall have the right to purchase the park; provided, the resident organi- zation meets the price and terms and conditions of a purchase offer acceptable to the mobilehome park owner. The resident organization shall have the right to purchase the park by executing a con- tract with the mobilehome park owner within 45 days, unless agreed to otherwise, from the date that a notice required by Civil Code Section 798.80 has been delivered by first class mail or personal deliv- ery to the president, secretary and treasurer of the resident organization. In the event that less than the entire mobilehome park is offered for sale or an acceptable offer to purchase less than the entire mobilehome park is received, the resident organi- zation shall have the right to purchase a portion of the park for a period of 90 days, unless agreed to otherwise, from the date of mailing to the resident organization a notice of the receipt of an acceptable offer to purchase a portion of the park. If a contract between the mobilehome park owner and the resi- dent organization is not executed within the speci- fied period, his only obligation shall be as set forth in subsection (B) of this section, unless the mobile- home park owner thereafter elects to accept a coun- teroffer to the noticed offer, at a price lower than the price specified in the notice to the resident organization. B. If the mobilehome park owner thereafter elects to accept an offer at a lower price andlor under different terms and conditions than the price or terms and conditions as specified in his notice to the resident organization, the resident organization will have an additional 15 days to meet the price and terms and conditions of the mobi]ehome park owner by executing a contract. (Ord. 2268 * ], ]988). 9.60.030 Exemption. A. Any sale or other transfer by a park owner who is a natural person to any relation specified in Probate Code Section 6402. B. Any transfer by gift, devise, or operation of law. C. Any transfer by a corporation to an affiliate. As used in this subsection, "affiliate" means any shareholder of the transferring corporation; any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation; or 9-56.7 (Revised 2/03) 9.60.040 any other corporation or entity controlled, directly or indirectly, by any shareholder of the transferring corporation. D. Any transfer by a partnership to any of its partners. E. Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclosure. F. Any sale or transfer between or among joint tenants or tenants-in-common owning a mobile- home park. G. The purchase of a mobilehome park by a government entity under its powers of eminent domain. H. Any transfer between co-owners which results in a change in the method of holding title to the mobilehome park without changing the propor- tional ownership interest of the co-owners in said mobilehome park, such as a partition of a tenancy in common. L Any transfer between an individual or indi- viduals and a legal entity, or between legal entities, such as a cotenancy to a partnership, a partnership to a corporation, a corporation to a partnership, or a trust to a cotenancy, which results solely in a change in the method of holding title to the mobile- home park and in which proportional ownership interests of the transferors and transferees, whether represented by stock, partnership interest, or other- wise, in the mobilehome park transferred, remain the same after the transfer. (Ord. 2300 !i I, 1989; Ord. 2268 !i I, 1988). 9.60.040 Mobilehome park owner affidavit of compliance. A. A mobilehome park owner may, at any time, record in the official records of the county where a mobilehome park is situated an affidavit in which he or she certifies that: I. With reference to an offer by him or her for the sale of such park, he or she has complied with the provisions of this chapter. 2. With reference to an offer received by him or her for the purchase of such park, or with refer- ence to a counteroffer which he or she intends to make, or has made, for the sale of such park, he or she has complied with the provisions of this chap- ter. 3. Notwithstanding his compliance with the provisions of CVMC 9.60.020, no contract has been executed for the sale of such park between the owner and the resident organization. (Revised 2/03) 9-56.8 Chula Vista Municipal Code 9.70.0 I 0 4. The provisions of CVMC 9.60.020 arc inapplicable to a particular sale or transfer of such park by him, and compliance with the provisions of this section is not required. 5. A particular sale or transfer of such park is exempted from the provisions of this section. B. Any party acquiring an interest in a mobile- home park, and any and all title insurance compa- nies and attorneys preparing, furnishing or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all state- ments appearing in such affidavit and are under no obligation to inquire further as to any matter or fact relating to the park owner's compliance with the provisions herein. C. It is the purpose and intention of this section to preserve the marketability of title to mobilehome parks, and accordingly, the provisions of this sec- tion shall be liberally construed in order that all persons may rely on the record title to mobilehome parks. (Ord. 2268 ~ I, 1988). 9.60.050 Judicial rights. A resident organization entitled to the right to purchase the mobilehome park which is not pro- vided such right shall be entitled to such equitable relief and/or damages for such failure as deemed appropriate by a court of competent jurisdiction. (Ord. 2268 ~ I, 1988). X. Environmental Protection and Conservation Chapter 9.70 WATER CONSERV A nON MEASURES Sections: 9.70.010 Regulation of sale and installation of high flow water fixtures. 9.70.010 Regulation of sale and installation of high flow water fixtures. A. Definitions. I. "High flow water fixture," for the pur- poses of this section, shall mean any of the follow- ing devices: a. A toilet (also known as a water closet) which permits the usage of greater than 3.5 gallons per flush ("high flow toilet"). b. A shower nozzle which permits the usage of greater than 2.5 gallons per minute maxi- mum volume ("high flow shower nozzle"). c. A urinal which permits the usage of greater than 1.0 gallons per flush ("high flow uri- nal"). d. A sink faucet which permits the usage of greater than 2.5 gallons per minute ("high flow sink faucet"). e. A lavatory faucet which permits the usage of greater than 2.0 gallons per minute ("high flow lavatory faucet"). 2. "Retailer," for the purposes of this section, shall mean any person, including, but not limited to, an individual, firm, association, or corporation, licensed by the city to conduct, or conducting, a commercial retail business. B. Installation of High Flow Water Fixtures Within City. It shall be illegal from and after April 15,1991 for any person, including, but not limited to, any individual, partnership, firm, corporation, or association, to install a high flow water fixture in any building on property which, in whole or in part, is located within the city limits of the city ofChula Vista. C. Marking of High Flow Water Fixtures. I. No retailer in the city ofChula Vista shall offer a high flow toilet (or water closet) within the city limits without having clearly marked thereon, or if said toilet is presented for sale in a package, then on the package in which the said toilet is offered for sale1 accurately and in a manner and location clearly visible from on the outside of said package, the number of gallons, measured to the 9-57