HomeMy WebLinkAboutOrd 1982-1982 ORDINANCE NO. 1982
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9
OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW
CHAPTER 9.40 ENTITLED "HOUSING ASSISTANCE" RELATING TO THE
REQUIREMENTS FOR THE CONVERSION OF MOBILEHOME PARKS TO
OTHER USES OR FOR THE DISCONTINUANCE OF MOBILEHOM~ PARKS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Title 9 of the Chula Vista Municipal Code be, and
the same is hereby amended by adding thereto a new Chapter 9.40 to read as
fol 1 ows:
CHAPTER 9.40 HOUSING ASSISTANCE.
Sec. 9.40.010 Mobilehome Park Conversions - Purpose and
Intent.
It is the purpose of the City Council in accordance with the
provisions of Section 65863.7 and 66427.4 of the Government Code of
the State of California to mitigate any adverse impact of the
conversion of mobilehome parks to other uses or the discontinuance of
use of mobilehome parks on the ability of displaced mobilehome
owner/occupants to find adequate spaces in other such parks. It is
the intent of the Council to impose upon park owners chosing to
convert or discontinue their mobilehome 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 al ternati ve thereto for those mobi 1 ehome
owner/occupants who would be dislocated by the decision to convert
such mobilehome 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 ordinance 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 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.
Sec. 9.40.020 Application for Conversion or Discontinuance of
Mobile Home Park.
A. Application for Conversion or Discontinuance.
Prior to the approval ~)f 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 parks to be used for any purpose other than a mobilehome
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
park is:
1. located within an exclusive mobilehome park zone,
2. located within a zone subject to conditional use permit, or
Revised 5/13/82
3. is entitled to be used as a mobilehome park based on
nonconforming rights.
B. Application Requirements.
The following information or documentation shall constitute
application for conversion or discontinuance of an existing
mobilehome park.
1. A relocation plan which shall make adequate provision for
the relocation of the mobilehome owner/occupants who will
be displaced by the discontinuance of the use of the
property for a mobilehome park.
2. A profile of the existing park, including:
a. Number of spaces.
b. Names and addresses of all mobilehome owner/occupants.
c. Date of manufacture of each coach.
d. Replacement value of each coach.
e. Estimated cost of relocation of each coach.
f. Length of tenancy of each mobilehome owner/occupant.
g. Estimated income and age of each mobilehome 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 ordinance have been offered to
eligible mobilehome owner/occupants. Such evidence may
include, but is not limited to the following:
a. Written agreements to relocate mobilehomes owned by
low and moderate income mobilehome owner/occupants.
b. Assistance for low and moderate income mobilehome
owner/occupants in the form of payment by the park
owner of 75I, up to a maximum of $3,000, of the cost
of relocating the mobilehome to another mobilehome
park within lO0 miles.
5. Evidence that the park owner has informed all mobilehome
owner/occupants in writing of alternative sites available
to them.
6. Evidence that the park owner has agreed to purchase those
coaches of low and moderate income mobilehome owner/
occupants which are determined to be not relocatable due to
age and/or condition. Such purchases shall be based on
standard insurance repl acemerit cri teri a.
~,1 7. Evidence that the displaced residents have been provided
/ right of first refusal to purchase, lease, or rent any
~/ dwelling units or mobilehome spaces which may be built on
the s.bject property.
8. A narrative summary of planned new use of property to be
converted or reason for non-use.
9. As an alternative to paragraph ~o, evlaence that the park
owner has given the mobilehome owner/occupants a three-year
notice to vacate, said notice being pursuant 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 displaced mobilehome owner/occupants in accordance
with the following schedule:
If Mobilehome
Owner/Occupant Portion of
Vacates Before Expenses Paid Up to a
End Of By Owner Maximum of
F i rst Yea r 75% $3,000. O0
Second Year 50% $2,000. O0
Third Year 25% $], 000. O0
C. Submittal to and Decision of the Community Development Director.
All of the above application information shall be submitted to
the Community Bevel opment Di rector. The Community Bevel opment
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 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 park, he shall deny the application for
conversion.
3. The Community Development Director may establish the date
on ~hich 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
pl an, and submitted evidence thereof to the Community
Development Di rector.
4. In granting or denying the application for conversion or
discontinuance of the mobi 1 ehome 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, the Planning Director, and the Director of
Building and Housing, and shall be mailed to the applicant
and to the mobilehome owner/occupants of the mobilehome
<~x park.
,'~- 6. The decision of the Community Development Director shall be
~ final on the 15th day following the decision except when
appeal is taken to the City Council as provided below.
u. Appeal Trom the ueclslon Trom ~ne bommunl~y uevelopmen~ ulrector.
1. An appeal from the decision of the Community Development
Director on an application for conversion or discontinuance
of a mobilehome park may be taken to the City Council
within fifteen 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 the Municipal 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 of Chula Vista, not less than ten days
prior to the date of the hearing.
b. By mailing notices at least ten days prior to the date
of such hearing to the mobilehome park owner and to
all mobilehome owner/occupants of the mobilehome 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.
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 park use:
1. A minimum of lO calendar days prior to an applicant filing
an application for conversion or discontinuance of the
mobilehome park, the applicant shall give written notice to
each mobilehome owner/occupant of the mobilehome 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 park use shall be held unless and until the
applicant submits to the Community Development Director an
affi davit approved as to form by the City Attorney
declaring that the applicant has given the notice required
by this provision.
G. Penal ty.
Violation of any provision of this ordinance by the owners of
mobilehome parks shall be deemed to be a misdemeanor subject to the
penalties as established by state law for misdemeanors. In addition
thereto, any mobilehome owner/occupant in a mobilehome park where
conversion to other uses or discontinuance has been sought or
accomplished, and in which violations of the terms and provisions of
this ordinance have occured, 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
said mobilehome park.
SECTION II: This ordinance shall take effect and be in full force
and effect on the thirty-first day from and after its adoption.
. Lindberg /
' George D
Comuni ty Development Di rector City Attorney
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
~- ,Y OF CHULA VISTA· CALIFORNIA· HELD May ll · !9 82 , AND
FINALLY PASSED AND ADQPTED AT A REGULAR MEETING THEREOF HELD May 18 ·
19~ 2 , by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Gillow, Moore, McCandliss
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
Mayor~City~ofe Chula~Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
0RDTNANCE N0. 1982 ,and that the some has nor been amended or repealed.
DATED
(seal) City Clerk
CC-660
ORDINANCE NO. 1982
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9
OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW
CHAPTER 9.40 ENTITLED "HOUSING ASSISTANCE" RELATING TO THE
REQUIREMENTS FOR THE CONVERSION OF MOBILEHOME PARKS TO OTHER
USES OR FOR THE DISCONTINUANCE OF MOBILEHOME PARKS
By unanimous vote on May 18, 1982, the City Council placed the
ordinance on second reading and adoption. The ordinance provides for
housing relocation assistance to eligible mobilehome owners/occupants
to mitigate adverse impacts which could result from discontinuance
or conversion of mobilehome parks to other uses.
Copies of the ordinance are available at the office of the City
Clerk, City Hall, 276 Fourth Avenue, Chula Vista.
Deputy City Clerk
I982
S~rB~IT'FED FOR DELIBERATION CONCERNING
THE A~(ENDING OF ORDINANCE TITLE 9 OF
THE CHULA VISTA MUNCIPAL CODE ADDITION
THE~RETO OF CHAPTER 9-40 ENTITLED
"HOUSIN~ ASSISTANCE" VOBILH0?t~IE OVERLAY
PLAN.
COPIES:
MA JO~:
C~reg Cox
COITNC ILPERSONS:
Oayle ~cCandlis
Leonard ~oore
~eorge Gillows
Frank Scot~
HOUSING COORDINATOR:
David ~ustafson
CO~qUNITY DEVELO °~IENT
DIRECTOR:
Paul Dearochers
CITY ATTORNEY:
George D. Lindberg
CITY CLERK:
Jennie Fulasz
I 1. TER?,~INATION OF TENNANCY:
After finalization of change
in the use of Park Lands, notice
of five (~) years must be given.
2. DISLOCATION 07 ~0BILHOMES
Ho,~sing assistance must be
provided upon termination of
tennancy of resident mobilhome,
complying with all Health and
Safety Requirements.
3. RE-LOCATI0:~, WITHIN ONE (100)
To any approved appropriate site.
4. DECISIONS EFFECTING RE-LOCATION:
Nobilhome residence status
under this ordinance must be
detemi~ed by a comitee com-
prised of members with equal
financial, ec'~omical imtrest
and investment.
The ~ended ordinance must com-
pl~ with the City of Chula Vista
goals for compliance within its
ho~sing elements.
CHAPTER 9.40 HOUSING ASSISTANCE
Sec. 9.4O. 010
Delete the word PARKS in the first sentence
after "spaces in other such" and insert SITES.
Delete the words LOW A,ND T~,0DERATE in the last
sentence after "assistance programs for" and
insert A[jL.
Sec. 9.40.020
B.6.a.6. & 7. Delete both sentences entirely.
B.6.C.1. Delete the words L0~,~r AND P,,~0DERATE
INCOT~E and i~sert AY~L.
B.6.C.2. Delete the words LOW AND P,~0DE~TE
INCOME and PA~ insert ALL a~d SITE.
B.6.C.2.e. Delete the words LOW AND T~0DE~TE
INCOME and STANDARD i~sert ALL and CU~E~.
B.6.C.2.G. Delete the words THREE and LOW AND
R~0DE~TE I~C0~ insert FIVE a~d ALL. Under the
schedule add - F01~TH & FI~TH ~AR '1~% ~4~0.00.
C.3. Delete the word TEN~NTS and insert RESIDENTS.
C.4. Second paragraph the second sentence delete
the word THREE and insert PIVE.
C.6. Delete the word TE~A~S and insert RESIDENTS.
D.2.C.Delete the word TENANTS and insert RESIDENTS.
F.2. Delete the words TENANTS and insert ~SIDE~S.
G. The last statement after "herein no" delete
the first THAN and add LATER.
To be compatible with the County add City of
S~an Diego ordinaces.
1100 Industrial Blvd. Sp. 1-17
Chula Vista, CA 92011
(?m4) 427-m932