HomeMy WebLinkAboutOrd 2006-3047-A
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URGENCY INTERIM ORDINANCE NO. 3047-A
URGENCY INTERIM ORDINANCE 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 ofthese 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
overtime; 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
which are currently subject to the requirements of Municipal Code Chapter 9.40 and are
incorporated herein by this reference; and
Ordinance No. 3047-A
Page 2
WHEREAS, the City Council, therefore, finds that 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 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; and
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
l5061(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) staff's 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.
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NOW, THEREFORE, the City Council of the City ofChula 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
(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
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Ordinance No. 3047-A
Page 3
(d) 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
(e) 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
(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 1506I(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 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.
Ordinance No. 3047-A
Page 4
SECTION 3: MOBILEHOME OVERLAY DISTRICT LOCATIONS
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1. 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
11. Cabrillo Mobile Lodge
12. Flamingo Trailer Park
13. Bison Mobile Home Park
14. Sharon's Trailer Park
15. Brentwood Mobile Home Park
16. Mountain View Mobile Lodge
17. Georganna Trailer Park
18. Bayside Trailer 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
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Ordinance No. 3047-A
Page 5
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_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 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
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 higher density, affordable replacement housing within the City will
remain in sufficient supply.
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 of CVMC 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).
Ordinance No. 3047-A
Page 6
SECTION 5: CONCLUSIONS
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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.
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.
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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
Ii Sandoval
irector of Planning and Building
-&'(,~n~~\,
Ann Moore
City Attorney
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Ordinance No. 3047-A
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of October 2006, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
ATTEST:
- ) '--:~A
C---""" J, J tL.L--1. u IJ n .J
Susan Bigelow, MMC, Cit lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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Castaneda, Chavez, McCann, Rindone and
Padilla
None
None
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3047-A was passed as an urgency measure on the 24th day of October 2006.
Executed this 24th day of October 2006.
;:::: ~tLLl~
Susan Bigelow, MMC, City Cl k
Ordinance No. 3047-A
Page 8
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