HomeMy WebLinkAbout2009/10/06 Item 20TY COUNCIL
STATEMENT
~`~~ CI7Y OF
CHULAVISTA
OCTOBER 6, 2009, Item ~~
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL ESTABLISHING A
STAKEHOLDER COMMITTEE TO RECOMMEND
CHANGES TO THE CITY'S MOBILEHOME CLOSURE
ORDINANCE AND APPROPRIATING FUNDS FOR THE
FACILITATION OF SUCH COMMITTEE
SUBMITTED BI': DEPUTY I Y MANAGER, DEVELOPMENT SERVICES
DIRECTO
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES ^X NO
SUMMARY
The City enforces a variety of regulations for mobilehome parks, including the closure of
mobilehome parks (Chula Vista Municipal Code Section 9.40}. In 2007, City staff
engaged in a public participation process to update the existing local ordinance regulating
mobilehome park closures. This report serves to update you on the process to revise the
Cit<~'s Mobilehome and Trailer Park Conversion Ordinance and to request the
establishment of a stakeholder committee to provide final recommendations.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because the proposed action consists of an administrative activity that will not
result in direct or indirect physical changes to the environment. Therefore, pursuant to
Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution authorizing staff to proceed
with the committee review of the ordinance update and approve the appropriation of
$15,000 from the Housing Authority to pursue this process.
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BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Mobilehome and Trailer Park Conversion Ordinance
Chula Vista has more than 3,600 mobilehome spaces, which make up approximately 5%
of the City's housing stock. Mobilehomes provide a unique housing arrangement, as
many residents own their own coach, but rent the land space. This distinct situation puts
mobilehome owners in a rare position as both homeowner and tenant. To address
concerns this relationship presents, there are a number of State and local regulations that
govern mobilehome parks, tenancy and closure.
Specific to mobilehome and trailer park closures, state laws govern the closure procedure
for mobilehome and trailer parks, and the City of Chula Vista's Municipal Code (CVMC)
Chapter 9.40 implements State requirements and provides supplemental requirements.
These procedures include noticing requirements, a relocation plan and relocation
assistance.. The relocation assistance identified in CVMC Chapter 9.40 (Attachment 1)
includes assistance to low- and moderate- income mobilehome occupants in the form of
payment by the park owner of 75 percent, 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. Alternatively, if the coach is determined to be not relocatable due to age and/or
condition, the park owner must purchase those homes of low- and moderate-income
mobilehome or trailer owner/occupants using "standard insurance replacement criteria".
Chapter 9.40 outlines the specific criteria that must be contained within a required
relocation plan for residents of the existing mobilehome park. Such a plan would
typically be approved prior to consideration of closure of the park and subsequent
rezoning of the property. A Mobile Home Park Overlay District (MHPOD) described in
Section 7.17 of the Land Use and Transportation Element was established in October
2006, and is provided as Attachment 2. The objective of this newly added Section was
to ensure sufficient evaluation and response to the effects of any change of use or urban
redevelopment of existing mobilehome park developments. The MHPOD further refines
and updates the procedural requirements for mobilehome park closure and resident
relocation contained in Chapter 9.40, raises the required review and approval level for the
relocation plan to the City Council and contains additional findings which must be met
regarding the closure of the existing mobile home park. The adopted policies relied
heavily on compliance with Chapter 9.40 of the Municipal Code with its own established
sets of procedures to follow.
Closure Via Bankruptcy
The only recent mobilehome park closure in Chula Vista was Jade Bay Mobile Home Park,
which filed bankruptcy in 2006. The mobilehome park was not obligated to follow the
City's local closure ordinance as State of California Government Code 65863.7(f) states "if
the closure or cessation of use of a mobilehome park results from an adjudication of
bankruptcy, the provisions of this section shall not be applicable." The Bankruptcy Court
exercised its jurisdiction to effect park closure. Since the site of the former park is
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OCTOBER 6, 2009, Item ~
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currently vacant and the former residents executed Federal Court approved stipulations
formally accepting the relocation benefits offered to them by Jade Bay as satisfying their
relocation claims, any additional provisions of Chapter 9.40 are not applicable in this
particular instance (i.e., notification procedures etc).
The City retained special bankruptcy counsel to attend the bankruptcy proceedings and
(to the extent possible) to help ensure that the residents' relocation needs were met. City
staff has explored options to address closure via bankruptcy and has determined there are
no additional options within the City's control to effect closure and/or relocation plans in
the instance of bankruptcy.
Although City codes and policies do not have a role in the instance of bankruptcy, the
City has other tools that provide low income residents with affordable housing options
and available affordable housing assistance, as were exercised during the Jade Bay
closure:
(1} Affordable rental opportunities throughout the City -City staff is always working
on creating new affordable housing developments throughout the city. Chula
Vista has a very productive history of increasing the supply of affordable units,
averaging approximately 90 new units each year. All projects within the last 5
years have been required projects to offer a priority to displaced residents. With
the Jade Bay Mobile Lodge closure, staff worked with several affordable
complexes to hold vacancies for a two to three month period to provide priority to
displaced Jade Bay residents. Surplus affordable units became available because
some people turned down units based on individual preferences.
(2) Section 8 rental assistance -Staff encourages all eligible residents to apply for
Section 8 assistance through the County of San Diego, even if their mobilehome
park is not being closed. Many mobilehome parks will accept Section 8
assistance for space rent. Section 8 assistance is called "portable'' assistance,
meaning that it can follow the resident to another residence. This assistance can
be used as a renter or a mobilehome owner.
(3} HOME Investment Partnership (HOME) Program funds to assist very low and
low-income residents with rent and security deposits -Council approved a
Tenant Based Rental Assistance (TBRA) Program on January 23, 2007. With this
program, displaced residents receive priority assistance.
(4) Relocation information -The City created a '`Relocation Brochure" with helpful
information and referrals for displaced residents.
Background of Previous Update Process
As mentioned above, the City Council approved the establishment of a Mobilehome
Overlay District in 2006. This action resulted from concerns that proposed rezoning of
mobilehome and trailer parks in the Urban Core and some other areas of the City to
conform to the recently updated General Plan could increase changes in land use, and
thus increase the number of park closures and displaced park residents. It was also
acknowledged that the City's Mobilehome and Trailer Park Conversion Ordinance was in
need of updating. The update was intended to ensure that when a change of use is
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OCTOBER 6, 2009, Item
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contemplated for an existing mobilehome or trailer park, the relocation impacts on
displaced residents are properly addressed.
The process was guided by a City technical team consisting of staff from Housing,
Planning & Building (Code Enforcement) and the City Attorney's office. A public
outreach component was conducted for approximately 8 months to engage the general
public and both owner and resident stakeholder groups in discussion about potential
ordinance changes. The City mailed every mobilehome resident a postcard informing
them about the process. A total of 12 meetings were held, which .included some in
Spanish. In addition, staff presented the draft ordinance and preliminary staff
recommendations to several City advisory commissions (Planning Commission; Housing
Advisory Commission; and Mobilehome Rent Review Commission). A schedule of
meetings and list of participants in the process is included as Attachment 3.
During the first round of workshops, five major topic areas were identified for updating.
A summary of the current_ ordinance and associated issues relating to each topic are
provided below.
Right of First Refusal to Purchase Park
CVMC 9.60: Provides that 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 mobilehome park, provided that the resident organization
meets the price and terms and conditions of a purchase offer acceptable to
the mobilehome park owner.
Issue: Residents want the right to purchase the mobilehome park after being
notified of a listing of a mobilehome park for sale or notice of any offer to
sell the park, even if there is no resident organization. A charter city may
not require a mobilehome park owner to grant park residents a right of
first refusal before the owner accepts an offer to sell the park..
Notification of Intent to Close
CVMC 9.40: Does not currently identify an amount of time that residents must
be notified of an intent to close.
• If the change of use of the mobilehome park does not require a local
governmental permit, State law requires notice to be given 12 months
or more prior to the management's determination that a change of use
will occur.
• If the change of use requires a governmental permit, management must
give at least 15 days' written notice that management will be appearing
before the local governmental board to request permits for a change of
use. Then, after all required permits for the change of use have been
approved; management must give at least six months' notice of
termination of tenancy.
Issue: Residents and owners have expressed interest in having a determined
amount of time in which notice must be given prior to park closure.
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Relocation Assistance to Tenants (Renters)
CVMC 9.40: Requires the applicant to identify relocation assistance for
mobilehome owners and does not provide assistance for occupants renting
mobilehomes.
Issue: Residents and owners have expressed that finatlcial assistance should only
be required for mobilehome owners, not renters.
Mobilehome Relocation
CVMC 9.40: Identifies relocation assistance for low- and moderate-income
mobilehome or trailer owner/occupants in the form of payment by the park
owner of 75 percent, 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.
Issue: The cost to relocate mobilehomes often exceeds this amount. Only income
eligible residents are provided this benefit.
Mobilehome Value
CVMC 9.40: When a coach is unable to be moved, the City's code requires
compensation based on standard insurance replacement criteria.
Issue: The owners and residents disagree on how to determine the value of the
mobilehome; the fair market "on site" value or the "pull-off' value, which
is the coach value excluding the value of the coach being in that
mobilehome park.
After the first round of workshops, staff drafted three options for presentation to the
public and stakeholders at a second round of workshops. Public comments were
incorporated into staff research of other jurisdictional ordinances and a final staff
recommendation was drafted and presented at a third and final round of public and
stakeholder workshops. Attachments 4 and 5 provide summaries of comments received
during the public outreach process and staff s proposed recommendations.
Status of Update Process
Although potential compromise solutions to a number of major issues identified during
the ordinance update process were accepted by both the residents and owners, many
mobilehome residents still expressed serious concern over one particular issue:
mobilehome replacement value in cases where they cannot be relocated due to age,
condition or lack of available space.
Both the Housing Advisory Commission and Mobilehome Rent Review Commission
suggested that the City may want to monitor precedent setting litigation throughout the
State before adopting any changes to our local ordinance . In addition, both park owners
and residents have voiced concerns over the need to look further into affordable housing
opportunities and creative mobilehome financing solutions for the relocation impacts of
closures, such as: a sales transfer tax, park registry fees, or other mechanisms in order to
develop a Relocation Fund. Further efforts are needed to come to mutual agreement over
the identified issues and staff recommends a committee, as further discussed below, of
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OCTOBER 6, 2009, Item '7E7
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equally represented park owners and mobilehome residents to address these issues and
work with staff to develop a draft ordinance for City Council consideration.
Committee Structure
Staff recommends that the City accept applications for the appointment of committee
representatives. Staff will identify 5 mobilehome park owners and 5 residents to assure
an equal voice on the issues. City staff will ensure representation from a variety of parks
to encourage a mix of park type and geography. City staff can schedule and host the
meetings, and bring forward for City Council consideration any proposed
recommendations that result from committee consensus. Committee recommendations
would be reviewed by the City Attorney to verify consistency with State law. It is
anticipated that the entire process including committee selection. committee
deliberations, and staff review and preparation for a City Council meeting could take
approximately six months.
Staff intends to work with the National Conflict Resolution Center (NCRC) on the
facilitation of meetings. NCRC is the leading non-profit provider of facilitation, training
and conflict resolution services in the San Diego region. NCRC also works with the City
of San Diego and the County of San Diego on their respective mobilehome issues
committees, so they are familiar with mobilehome park issues. For these reasons, staff
would look to enter into a sole source agreement for consultant services. Costs for this
are included in the estimated $30,000 needed to facilitate the process.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
City staff budgeted in the Housing Authority mostly rely on revenues from other
activities, non-general fund sources, to offset their costs. Funding for these proposed
activities are not eligible under existing grant funds. The Housing Authority has limited
reserves of approximately $253,000 to cover bond unit monitoring costs, and other costs
not eligible under other revenue sources. Staff and consultant time for facilitation of
meetings is an unanticipated cost and therefore a request for appropriations from the
Housing Authority available reserves of $15,000 is requested with a resulting impact
including unreimbursed staff time on the Housing Authority of approximately $30,000.
There will also be costs for City Staff outside the Housing Authority working on this
activity. As those staff costs are already budgeted in the General Fund, there is no
additional budgetary impact to the General Fund.
ONGOING FISCAL IMPACT
As the committee process should be complete during the current fiscal year, there are no
anticipated ongoing impacts.
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ATTACHMENTS
1. Current Mobilehome Closure Ordinance CVMC Chapter 9.40
2. Section 7.17 of the Land Use and Transportation Element -Mobile Home Park
Overlay District
3. Schedule of previous meetings and the attendance
4. Comments received during the public outreach process
5. Staff s proposed recommendations
Prepared by: Amanda Mills, Housing Manager, Development Sep°vices Depa~°tment
J:U:\Iiousing (0670)\Housing Homeroom\Mobilehome Parks\MH ORDINANCE\Cit,~ Council Asenda Statement MH Ordinance
Update 10_6.docCOMMDEV\STAFF.REP`,2006\1-6-07\CVMC 9.40 Update STAFF REPORT.doc V
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Attachment 1
Chapter 9.40
HOUSING ASSISTANCE
Sections:
9.40.010 Mobilehome park and trailer park conversions -Purpose and intent.
9.40.020 Definitions.
9.40.030 Application for conversion or discontinuance of mobilehome or trailer
park.
9.40.010 Mobilehome park and trailer park conversions -Purpose
and intent.
It is the purpose of the city council in accordance with the provisions of
Sections 65863.7 and 66427.4 of the Government Code of the state to mitigate
any adverse impact of the conversion of mobilehome and trailer 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 operations,
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 notification and
to establish relocation assistance programs for low- and moderate-income
mobilehome or trailer owner/occupants placed in the position of being dislocated
as a result of either conversion of mobilehome parks to other uses or
discontinuance of use. This section does not apply to mobilehome or trailer
owner/occupants who move into mobilehome or trailer parks where the park
owner has provided 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 § 1, 1989; Ord. 1982 § 1, 1982).
9.40.020 Definitions.
A. "Mobilehome" is a structure designed for human habitation and for being
moved on a street or highway under permit pursuant to Section 35790 of the
California Vehicle Code. "Mobilehome" includes a manufactured home, as
defined in Section 18007 of the Health and Safety Code, and a mobilehome, as
defined in Section 18008 of the Health and Safety Code, but does not include a
recreational vehicle, as defined in Section 799.24 of the California Civil Code and
Section 18010 of the California Health and Safety Code.
B. "Mobilehome park" is an area of land where two or more mobilehome sites
are rented, or held out for rent, to accommodate mobilehomes used for human
habitation, and where the predominant number of sites are occupied for nine or
more consecutive 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
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purpose of this chapter only, does not include the following recreational vehicles
as defined in Section 799.24 of the California Civil Code: motor homes, slide-in
campers, truck campers, and camping trailers. "Trailer," for the purpose of this
chapter only, does include the following recreational vehicles, as 'defined in
Section 799.24 of the California Civil Code: travel trailers.
D. "Trailer park," for the purpose of this chapter only, is an area of land where
two or more trailer sites are rented, or held out for rent, to accommodate trailers
used for human habitation, and where the predominant number of sites are
occupied for nine or more consecutive months.
E. "Mobilehome or trailer owner/occupants" are persons owning and occupying
a mobilehome or trailer as their principal residence for six months or more during
a year. (Ord. 2368 § 1, 1990; Ord. 2299 § 1, 1989).
9.40.030 Application for conversion or discontinuance of
mobilehome or trailer park.
A. Application -for Conversion or Discontinuance. Prior to the approval of any
rezoning, subdivision map, or the issuance of any permit, including _a building
permit, which would allow the use of any properties presently or hereinafter
utilized 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 department. The
requirements of this section shall be applicable whether or not the mobilehome or
trailer park is:
1. Located within an exclusive mobilehome park zone;
2. Located within a zone subject to conditional 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 adequate provision for the relocation
of the mobilehome 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 mobilehome 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 chapter
have been offered to eligible mobilehome or trailer owner/occupants. Such
evidence may include, but is not limited to, the following:
a. Written agreements to relocate mobilehomes or trailers owned by low-
and moderate-income mobilehome or trailer owner/occupants,
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b. Assistance for low- and moderate-income mobilehome or trailer
owner/occupants in the form of payment by the park owner of 75 percent, 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 writing of alternative sites available to them;
6. Evidence that the park owner has agreed to purchase those homes of
low- and moderate-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 athree-year
notice to vacate, said- notice being pursuant to Section 798.56(f) of the Civil
Code. If such athree-year notice is given, the applicant must assist all low- and
moderate-income displaced mobilehome or trailer owner/occupants in
accordance with the following schedule:
If Mobilehome
or Trailer Owner/ Portion of
Occupant Vacates Expenses Paid Up to a
Before End of by Owner Maximum of
First year 75% $3,000
Second year 50% $2,000
Third year 25% $1,000
C. Submittal to and Decision of the Community Development Director. All of
the above application information shall be submitted to the community
development director. The community development director shall make his
decision in the following manner:
1. If the community development director determines that the application is
complete and conforms with all regulations, policies and guidelines, and that the
relocation plan or other commitments 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 application
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 commitments by the park owner do not
mitigate the impact of conversion or discontinuance on the health, safety or
general welfare of persons residing 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 effective. Such date shall
not be more than three years from the date of decision of the community
development director, or such earlier date as the applicant has complied with the
provisions of an approved relocation plan and submifted evidence thereof to the
community development director.
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4. In granting or denying the application for conversion or discontinuance of
the mobilehome or trailer park, the community development director 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 development director shall be final on the
fifteenth day following 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 Community Development Director.
1. An appeal from the decision of the community 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 of real property located within the- city
or any resident of the city. The appeal shall be in writing on a prescribed form
and filed with the city clerk. The appeal shall specify wherein there was an error
in the decision of the community development 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 community 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:
a. By at least one publication in the official 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 mobilehome or trailer park.
3. Upon the hearing of the appeal, the city council may by resolution affirm,
reverse or modify 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 jurisdiction.
E. Waiver. The community development director may recommend to the city
council the acceptance 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 discontinuance of mobilehome or trailer park
use:
1. 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
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shall give written notice to each mobilehome or trailer owner/occupant of the
mobilehome 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 discontinuance 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 misdemeanors. In addition thereto, any
mobilehome or trailer owner/occupant in a mobilehome or trailer park where
conversion to other uses or discontinuance 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
provisions 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 § 2, 1990; Ord. 2299 § 1, 1989).
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Attachment 2
RESOLUTION NO. 2006-322
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 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 f nding 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
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Resolution No. 2006-322
Page 2
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 5-18(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 Government Code section 65090, the Planning
Commission held a duly noticed public hearing on October 18, 2006, and recommended that the
City Council adopt the Resolution approving the proposed General Plan amendment; and
WHEREAS, the proceedings and all 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, that the City Council of the City of Chula
Vista hereby finds, determines and resolves as follovv~s:
I. PLANNING COMMISSION RECORD
The proceedings and all 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.
II. GENERAL PLAN INTERNAL CONSISTENCY
20-14
Resolution No. 2006-322
Page 3
The City Council hereby finds that the General Plan is internally consistent and shall
remain internally consistent following the adoption of amendments by this Resolution.
20-15
Resolution No. 2006-322
Page 4
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 lebislation, 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.
IV. APPROVAL OF GENERAL PLAN AMENDMENT
The City Council hereby approves and adopts the subject General Plan
amendment ~~hich 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
Approved as to form by
Arm Moore
City Attorney
20-16
Resolution No. 2006-322
Page 5
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: Castaneda, Chavez, McCann, Rindone, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2006-322 vvas duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of October 2006.
Executed this 24th day of October 2006.
Susan Bigelow, MMC, City Clerk
20-17
Resolution No. 2006-322
Page 6
EXHIBIT 1
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 ~-18(A) would be inserted after pg. LUT-130). See attached.
Addition of new LUT 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 Overlay District
As noted in LUT Section 7.1 and in Housing Element Part 1 Section 3.0 maintaining an
adequate supply of land 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 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 of lower-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 ~ 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.
20-18
Resolution No. 2006-322
Page 7
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 objectives prior to the City's consideration of any requested change in use
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 op op rtunity affordability and
displacement, replacement and/or relocation assistance is conducted in accordance ~~ith the
principles et forth in the Housing Element and the Municipal Code.
As stated in the following Objective 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 by the Municipal Code.
Objective -LUT 34.A
Ensure sufficient evaluation and response to the effects of any change of use or urban
redevelopment of existing mobilehome developments.
Policies
LUT 34.A.1 Prior to the City's consideration of 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 ~-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.
LUT 34.A.2 At the time of consideration of any change of use and/or rezoning of any
of the mobilehome properties noted above, the Citv 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 Cin~. (Housing
Element Objective 3)
• That the proposed change of use and/or rezonin is supported by sound planning
principles, and higher density, affordable replacement housing ~~ithin the City will
remain in sufficient supply. (Housing Element Objective 3j
20-19
Resolution No. 2006-322
Page 8
• 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 rezoninQ_ of the
existing mobilehome development. Housing Element Objective 4~
• That the proposed change of use and/or rezoning will not result in severe or undue
hardship on affected mobilehome residents. (Housing Element Objective 4)
• That the property owner and/or project proponent plan complies with applicable City
and State mobilehome conversion and relocation regulations. (Housing Element
Objective 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 of CVMC Section 9.40 and
applicable State regulations. and to the satisfaction of Directors of Planning and
Building and Community Development.
20-20
N
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Mobile Hame overlay Qistrict
,.
Existing Mobile Fbme Parks
to Overlay District
1 Ghula Visha h9obile Horne Perk
2 Jade Bay Mobile Lodge
3 E3ayscene h9obile Home Pads
d Fogerty Brothers Trailar Park
5 Caravan Trailer Park
8 Trailar Ulla
7 Terry's Mobile Home Park
8 Mohaevk Trailer Park
g Tony's Broadway Trailer Park
70 Rose Arbor h9obile Home Park
11 Cabrillo Mobile Lodge
12 Flamingo "t"railer Park
13 Bison Mobile Home Park
1A Sharon's 7`railer Park
15 Brnntwootl Mobile Home Park
iS PAountain View Mobile Lodge
17 Georganrza Trailer Park
18 Bayside Trailer Parh
19 Rancho Bonita hvlobile Home Park
29 EI Mirador Trailer Court
21 Orange Tree F.9obife Home park
22 Continental Country Club
23 Hacierxfa Mobile Estates
2d Lynwood South h9obile Name Park
25 Farmhouse'(railer Park
2S Granada Mobile Estates
27 Thunderbird Mobile htome Park
28 Fabubus Caliente Mobile Nome Park
2y Palm h9obile Estates
3D Palace Gan9ens Mobile Homt: Park
31 Don Luis Estates
32 Otay Lakes Lodge
`l(fj
'~1qe LIJT-13C1D c:Rt~u m
x
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b ~
Uo ~
~o
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o~
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0
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Attachment 3
~~4tf
~_
s
QTY OF
CHULA VISTA
MOBILEHOME PARK CLOSURE ORDINANCE UPDATE X2107-8/07)
SUMMAttY OF MEETINGS 8t PARTICIPANTS
Owner Stakeholder Group
March 1, 2007
May 10, 2007
July 11, 2007
Participants:
Bayscene Mobilehome Park
Bayside Trailer Park
Bison Mobilehome Park
Bison Mobilehome Park
Brentwood Park
Brentwood Park
Chula Vista Mobilehome Park
Flamingo Mobile Park
Granada Mobile Estates
Hacienda Mobile Estates
Otay Lakes Lodge
Otay Lakes Lodge
Terry's Mobilehome Park
Trailer Villa
Manufactured Building Association
Resident Stakeholder Group
February 27, 2007
May 10, 2007
July 11, 2007
Participants:
Bayscene Mobilehome Park
Bison Mobilehome Park
Brentwood Park
Broadway Trailer Park
Broadway Trailer Park
Cabrillo Mobile Lodge
Cabrillo Mobile Lodge
Cabrillo Mobile Lodge
Chula Vista Mobilehome Park
Patricia Lopez
Jess Rodriguez
Norma Runyon
Ben Torres
Ruth Gasca
Ronald Beeles
Geraldine Hickman
Mary Lee
Dennis Chaffee
Chip Crandall
Carlos Gomez
Louise Wilson
Evelyn Torres
Greg Johnloz
Deborah Hyde
Pat O'Neil
John Sherritt
Dolly & Len Newstrom
Jeanne & Dennis Kyle
Mark Leekley
Linda Lasher
Virginia Jensen
Zachary Dimenstein
Bruce Matthias
20-22
Continental Country Club Don Vanderpool
Don Luis Estates Judith Suchek
Farm House Trailer Park Steven Luecht
Flamingo Mobile Park Marcia Armijo
Fogerty Brothers Trailer Park Edmundo Leon
Georgeanna Mobilehome Park Rodolfo Nunez
Granada Mobile Estates Sheldon Goldie
Granada Mobile Estates Dolly & Len Newstrom
Granada Mobile Estates Nancy Jansen
Granada Mobile Estates Dolores Dempsey
Hacienda Mobile Estates Karen Ratliff
Mohawk Trailer Park Jacquelyn Jones
Mountain View Mobile Lodge Ismael Portillo
Mountain View Mobile Lodge Esequiel Lopez
Otay Lakes Lodge Fred Dufresne
Palace Garden Mobilehome Park Maggie Comans
Rose Arbor Mobilehome Park Ismael Gomez
Terry's Mobilehome Park Steve Molski
Trailer Villa Imelda Levya
Trailer Villa Juana Morales
Trailer Villa Rosa Carillo
Trailer Villa Lorena Lopez
Trailer Villa Ramona Ocampo
Public Meetings
March 6, 2007
May 8, 2007 (Spanish)
May 10, 2007
July 9, 2007
July 11, 2007 (Spanish)
Participants:
Bayscene Mobilehome Park Arora Maria
Bayscene Mobilehome Park Avelar Carlos
Bayscene Mobilehome Park Camacho
Bayscene Mobilehome Park Comans Lui Antoni
Bayscene Mobilehome Park Cruz Maricela
Bayscene Mobilehome Park deJesus Rodriguez Maria
Bayscene Mobilehome Park Huertz Angel
Bayscene Mobilehome Park Jiminez Robert
Bayscene Mobilehome Park Lopez Patricia K.
Bayscene Mobilehome Park Moreno Juan
Bayscene Mobilehome Park Nava Fidel
Bayscene Mobilehome Park Perez Emilia
Bayscene Mobilehome Park Picazo Juan
Bayscene Mobilehome Park Rodriguez Jose
Bayscene Mobilehome Park Ruiz Kimi
Bayscene Mobilehome Park Stinneh Darcelle
Bayscene Mobilehome Park Gustavo
20-23
Bison Mobilehome Park Dutz Milagros
Bison Mobilehome Park Flores Dan
Bison Mobilehome Park Livingston Jim
Bison Mobilehome Park Micholski Stanley
Bison Mobilehome Park Ortiz Yolanda
Bison Mobilehome Park Padillo Vella
Bison Mobilehome Park Sanfilippo Matthew
Bison Mobilehome Park Telep Lynda
Brentwood Park Knight Jennifer
Broadway Trailer Park Dorado Pascual
Cabrillo Mobile Lodge Beeles Ronald
Cabrillo Mobile Lodge Hickman Geraldine
Cabrillo Mobile Lodge Lee Mary
Chula Vista Mobilehome Park Mero Marie
Chula Vista Mobilehome Park O'Neil Pat
Farm House Trailer Park Luecht Steven
Flamingo Mobile Park Campo Esequral
Flamingo Trailer Park Morales Henry
Flamingo Trailer Park Prieto Florencio
Flamingo Trailer Park Purdy Ruth
Flamingo Trailer Park Sparks Rebecca
Fogerty Brothers Trailer Park Leon Edmundo
Fogerty Brothers Trailer Park Parker Alberto
Georgeanna Mobilehome Park Nunez Rodolfo
Granada Mobile Estates Newstrom Dolly & Lew
Granada Mobile Estates Phillips Margaret
Granada Mobile Estates Ratliff Karen
Granada Mobile Estates Turner Charlene
Mohawk Trailer Park Jones Jacquelyn
Mt. View Mobile Lodge Aguilar Aocadin
Mt. View Mobile Lodge Catano Antonio
Mt. View Mobile Lodge Garcia Gregorio R.
Mt. View Mobile Lodge Garcia Rosario
Mt. View Mobile Lodge Gonzalez Jose
Mt. View Mobile Lodge Isles Ofelia
Mt. View Mobile Lodge Meador Howe
Mt. View Mobile Lodge Medina Eelia
Mt. View Mobile Lodge Portillo Ismael
Mt. View Mobile Lodge Romo Rodolfo
Otay Lakes Lodge Holland Evelyn
Otay Lakes Lodge LaPierre Pat
Otay Lakes Lodge Lasher Linda
Otay Lakes Lodge McGinnis Alicia
Palace Garden Mobilehome Park Comans Maggie
Palace Garden Mobilehome Park Nurhan Roy
Terry's Mobile Park Butterworth Marcelle
Terry's Mobile Park Byrd Jean
Terry's Mobile Park Campbell Charles & Irene
Terry's Mobile Park Caskinette Richard & Ann
Terry's Mobile Park Castro Frank & Myrna
20-24
Terry's Mobile Park Connelly Mr/Mrs R.W.
Terry's Mobile Park Graham Barbara
Terry's Mobile Park Kamins Sybil
Terry's Mobile Park Langlois Blanche K.
Terry's Mobile Park Radovosky Kathryn
Trailer Villa Carrillo Leonel
Trailer Villa Lucero Monica
Trailer Villa Ocampo Nasciso
Trailer Villa Parillo Rosario
Trailer Villa Torres Narciso
Trailer Villa RoseAnn & Lisa
Acerro Theresa
Barrs Homer
Bartels Patricia
Garymartin Frank
Gomez Jaime
Morgan Robert
Nunnelee Barbara
Pierson Ralph
Watry Susan
Housing Advisory Commission
July 25, 2007
Mobiiehome Rent Review Commission
August 16, 2007
20-25
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iii u i ~ i ~i ~ ~~ ~i ~ li ~i ii u•
- Many small, old trailers are not 7~% of relocation costs, up to The actual costs of physically The actual costs of physically - Cover relocation 100% plus
moveable $3,000, to relocate coach to a moving (i.e. dismantling, moving (i.e. dismantling, downpayment for new space
- Not just park owner's maximum distance of one moving, reassembling, moving, reassembling, - Actual cost/time
responsibility -City shares in as hundred (100) miles. rebuilding, including skirting rebuilding, including skirting - Owner should pay full cost
well and tiedowns) the coach and and tiedowns) the coach and - Nieals should be included in per
- Assistance should be based on movable improvements (i.e. movable improvements (i.e. diem
i patios, carports, and porches), patios, carports, and porches), 'r Subsidize increased rent over the
ncome
- Should not include subsidy for to a maximum distance of tifty and packing and unpacking annual permissive
increased rent (~0) miles. personal property to a - Alternatives should be comparable
Moving costs differ by size maximum distance of one
- If too many restrictions are placed, IRS mileage rate (for up to ~0 hundred (100) miles.
may devalue property miles - current rate rotals X34.35).
Plus. if move cannot be AcRtal costs for in-transit gas,
completed in one day, IRS per meals and lodging, if move
diems for meals and lodging cannot be completed in one
(fot up to 3 days -current rate day.
totals $444).
Payment of a lump sum for:
Payment of a lump sum for: • First and last month's rent
.First month's rent and anv and any security deposit.
security deposit (up to a .Any differential between
maximum value of ~? 000). rental rates during the first
• Any differential between year of tenancy.
rental rates during the trst
year of tenancy (up to a
maximum value of $x.000).
All maximum amounts will be
adjusted annually for inflation.
CD
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SUMMARY OF COMiVIENTS & OPTIONS
FINANCIAL ASSISTANCE - Nlobilehome Relocation
i Many small, old trailers are not If coach cannot be relocated due If coach cannot be relocated If coach cannot be relocated due ~ Need on-site or pre-closure fair
worth much and/or are not to condition or lack of available due to condition or lack of to condition or lack of available market value using factors such as:
habitable space, standard insurance available space, value of space, 8~% of "On-Site" Fair condition, length of residency,
i Notjust park owner's replacement value shall be coach/trailer as determined by Market Value of coach as improvements, park
responsibility -City shares in as determined by a qualified, a qualified, independent determined by a qualified, condition/quality, original cost
well independent appraiser, appraiser, approved by the independent appraiser, % Land owner making out -they
~ Assistance should be based on approved by the City. Ciry, based on the following approved by the City, assuming should be responsible, not City
income factors: age, size, condition, continuance of park in a safe. ~ Residents receive short end of
i Value of MH/trailer - use an and fixed improvements. sanitary and well maintained stick
objective factor, such as: structure, condition and considering ~ By appraisal; City track sales for
age, condition, useful life Payment of a lump sum for: variables, such as: age, size, compazables
- Should not use value of being in • first month's rent and any condition, proximity, and filed i Do not use insurance or blue book
park, pull off value security deposit (up to a improvements. value
Should not be insurance driven maximum value of $3,000). > Look at it as a home (real
(type and coverage amount differ) • any differential between property) not personal property,
> Can't give them the same value in rental rates during the first consider length of residency and
housing costs as they have today year of tenancy (up to a improvements
maximum value of `5,000).
Non-occupant owners (reside
in mobilehome for less than 6
months per year) shall be
eligible for value of
coach/trailer only.
All maximum amounts will be
adjusted annually for inflation.
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FINANCIAL ASSISTANCE - Mobilehome Value
Assistance should be based on No benefits shall be provided to Payment of a lump sum to Expense of assuming tenancy in i Subsidize new rent and any
income any person who is renting a compensate for payment of the comparable housing, including: required downpayments
mobilehome from the owner of first month's rent and any first month's rent and security ~ Alternatives should be comparable
the mobilehome park where an security deposit at new deposit, and differential
executed written agreement housing (up to a maximum of between rental rate at converted
waives rights to such benefit. 2 months existing rent). park or replacement housing
during the first year of tenancy.
All eligible tenants of eligible
mobilehome owners shall be
provided with the services of
one or more housing experts to
assist in relocating to available
and appropriate housing,
including: financial advice,
description of housing
alternatives, and transportation
if unable to operate a motor
vehicle.
00
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FINANCIAL ASSISTANCE -Relocation Assistance for Tenants (Renters)
NOTIFICATION
~ Mirror/comply with state law Any resident of the mobilehome Two years from date of Two years from date of ~ Minimum ?years noticing
Before or after plan approved? park shall not be required to application to close/convert to approval of closttre to terminate ~ Assistance should be tied to
Don't want to start uproar & vacate less than six (6) months terminate tenancy. IVlay be tenancy. Niay be reduced to no notification period
doesn't happen from the date of notice of reduced to no less than six (6) less than sis months (6) or ~ The lower income still can't afford
termination of tenancy and not months or extended beyond extended beyond two years a move
less than thirty-five (35) days two years upon written upon written agreement of
from payment of any relocation asreement of owner and two-
~ owner and residents.
benefits. thirds of coach owners.
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i State and case law restrict this > Should offer to residents
issue regardless of association status or
> Property owner should have option type of sale
i Difficult to determine acceptable ~ Allow additional time to secure
offer -often cash plus percent of financing and make offers
future profit > Disclosure to incoming tenants.
Can't make park owner's sell
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RIGHT OF FIRST REFUSAL TO PURCHASE PARK
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SUMMARY OF PROPOSED CHANGES TO CVMC 9.40_ BY TOPIC (as of 7/9/07)
Notification of Closure and Tenant Relocation Assistance
• Not currently addressed Minimum of one (1) year "Intent to Close"
• Default to State Civil Code 798.56 - Can coincide with application to the City for closure
Notification of - If Change of Use Permits Minimum of six (6) months notice of "Termination of Tenancy"
Closure are required, must from approval of Relocation Impact Report (RIR)~
provide 6 months from Shall not be required to vacate less than thirty-five (35) days from
local approval payment of any relocation benefits
• Not currently addressed Services of housing expert (paid by park owner and approved by
Tenant Relocation the City)
Assistance - Referrals for housing alternatives & programs,
M
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Mobilehome
Relocation
Assistance for low- and
moderate-income
75% of relocation
costs, up to $3,000
Maximum distance of
one hundred (100)
miles
Mobile Home Relocation
THE LESSER OF:
- Actual costs of physically moving*:
• Coach (dismantling, moving, reassembling, rebuilding, including
skirting and tiedowns)
• Moveable permitted improvements (i.e. patios, carports and porches)
• Maximum distance of 100 miles
OR
- Lump sum payment based on the following schedule:
- - ..
railers, R.V.'s & Motorhomes - $ 2,000
No movin ermit re uired
Single Wide - $ 5,000
10', 12', 14' & 16' wide
Double Wide -
' $11 000
'
20', 24', 26', 28
wide
riple Wide -
~ $15,000
oined to ether
More than a double wide
*Very low- and low- income residents shall receive additional compensation in the form
of a lump sum payment as follows:
Trailer/ verage monthly space rent for
Singlewide railer/Singlewide in SD County- C
monthly maximum affordable re
(Very low) _.
er low subsid x 12
Doublewide/ verage monthly space rent for
Triplewide Double/Triplewide in SD County- C
monthly maximum affordable re
(Very low) _
erv low subsidv x 12
verage monthly space rent for
railer/Singlewide in SD Counfi
V monthly maximum afforda~
ant (Low) _
ow subsidv x 12
verage monthly space rent for
~ouble/Triplewide in SD Counfi
V monthly maximum affordat
ant (Low) _
ow subsidv x 12
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Mohilehome/Trailer
Value
MobileHome/Trailer Value
• Assistance for low- and moderate-
income
• Own and occupy as principal
residence for 6 months or more
• Based on standard insurance
replacement criteria
- Not tested
- No way to define
Mobilehome Value
THE GREATER OF:
- Depreciated Replacement Cost plus Additions for site
improvements* determined by a qualified independent
appraiser
OR
- Lump sum payment based on the following schedule:
Single Wide -
'
'
'
' .,
500
$ 6
10
, 14
& 16
wide
, 12 ,
Double Wide -
'
'
'
'
500
$11
, 2$
wide
20
, 24
, 26 ,
riple Wide - $15
500
More than a double wide joined together ,
Trailer Val~~e
THE GREATER OF:
- The Kelley BlUebook/Yellowbook plus Adjustments for
permitted site improvements* as determined by a qualified
independent appraiser
OR
- Lump sum payment based on the following schedule:
railers, R.V.'s & Motorhomes - I $ 2,500
No moving permit required
*Very low- and low- income residents shall receive additional
compensation in the form of a lump sum payment as follows:
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Trailer/
Singlewide
verage 1 bedroom month
ant in CV - CV month
iaximum affordable rent =
ery low subsidy x 12
rerage 1 bedroom month
nt in CV - CV month
aximum affordable rent =
iw subsidy x 12
Doublewide/
Triplewide
verage 2 bedroom month
ant in CV - CV month
iaximum affordable rent =
ery low subsidy x 12
verage 2 bedroom month
ant in CV - CV month
iaximum affordable rent =
ow subsidy x 12
M
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL ESTABLISHING A
STAKEHOLDER COMMITTEE TO RECOMMEND
CHANGES TO THE CITY'S MOBILEHOME CLOSURE
ORDINANCE; AND APPROPRIATING FUNDS FOR THE
FACILITATION OF SUCH COMMITTEE
WHEREAS, the City of Chula Vista enforces a variety of regulations for mobilehome
parks, including the closure of mobilehome parks (Chula Vista Municipal Code Section 9.40).;
and
WHEREAS, in 2007 City staff engaged in a public participation process to update the
existing local ordinance regulating mobilehome park closures; and.
WHEREAS, efforts to come to mutual agreement reached an impasse and staff
recommends a committee of equally represented park owners and mobilehome residents
negotiate the final terms of the draft ordinance for City Council consideration; and
WHEREAS, City staff will identify 5 mobilehome park owners and 5 residents
interested in collaborative decision-making; and
WHEREAS, funding for Housing Authority staff or outside facilitation of these
activities is not eligible under existing grant revenues, resulting in an impact to the Housing
Authority.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the establishment of a Mobilehome Stakeholder Committee and the appropriation
of funds for the facilitation of the committee.
Presented by
Gary Halbert, AICP, PE
Deputy City Manager/Director of
Development Services
20-35