The URL can be used to link to this page

Home My WebLink AboutHousing Advisory Committee Min 1990/01/24 . HOUSING ADVISORY COMMITTEE MINUTES January 24, 1990 PRESENT: A. campbell, D. Flint, T. Loughren, M.F. Click, C. Williams, D. Dennison, J. O'Neill STAFF PRESENT: M. Girbes, S. Griffin OTHERS PRESENT: Councilman Moore, W. Dowdy The meeting was called to order at 3:40 p.m. Minutes of November 29, 1989 were approved. INTRODUCTION OF NEW MEMBERS: Tom Loughran and John O'Neill. Staff was requested to notify new members regarding the next meeting. ELECTION OF OFFICERS: New officers were nominated/elected unanimously as follows: . Chair: Vice-Chair: Secretary: Alan campbell Jack O'Neill Margery Girbes STATUS OF CURRENT PARK CONVERSIONS: Staff reported that two parks are in the process of closing. Twin Palms has filed an application with the City and preliminary review indicates substantial compliance with the "relocation ordinance". Additional information is being requested before final approval may be granted by the Community Development Director. Lloyd's Trailer Park has noticed residents of its intent to close the park in October, 1990. No formal application has been received from the park owner. . Questions were raised by the Committee concerning the procedure under which a park owner must apply. Staff pointed out that the ordinance does not set forth a time frame to which the park owner must adhere to in completing/submitting an application with the city. Staff has been in contact with Lloyd's park owner and he indicates he will file an application within 60 days from January 15, 1990. The Committee voiced concerns that Lloyd's owner, Tom Kenny, is not complying with the ordinance. Staff advised the Committee that until the application is received there is no way to determine that a violation has occurred. If, at that time, it is determined that the owner is not complying, the city Attorney will be referred the problem for prosecution. The Committee requested staff to make Housing Advisory Committee Minutes -2- January 24, 1990 available to the Committee for their review any applications received by the Community Development Director. MOBILEHOME RELOCATION ORDINANCE AND PROPOSED REZONING ORDINANCE: Staff reported that the City Council had requested staff to prepare an ordinance to rezone all existing mobilehome/trailer parks to MHP exclusive zoning. In addition, comments from the Mobilehome Issues Committee and the Housing Advisory Committee (HAC) were to be solicited. The HAC expressed that they did not want to stand in the way of City Council action regarding any issue as a roadblock or delay tactic. It is the understanding of the members that the rezoning issue was brought up as an answer to preventing parks from closing, and to allow the HAC to review the current ordinance and its adequacy. The HAC determined at this time it appears that the ordina~ce is being followed. MOTION The Committee recommends that the City Council not use the zoning process or moratorium process to temporarily delay closures of any mobilehome/trailer park. (Motion passed unanimously. ) Staff reported that the Mobilehome Issues Committee (MHIC) is recommending that City Council not adopt a rezoning ordinance to prevent parks from closing. The MHIC 1S recommending two amendments to the relocation ordinance. The HAC would like copies of the proposed changes for review before going before City Council. MEMBERS COMMENTS Staff was requested to obtain the City Attorney I s opinion regarding the intent of the ordinance and the rights of the property owners. Specifically, is the intent of the ordinance being followed by owners that are closing their parks? What would happen if park owners never apply? What if all the residents have moved? Additional items requested from staff: 1. Review of Valley Feasibility purchase of Information sites identified in EIR/Sweetwater 2. study, "economic mini" study, on existing park by the City on alternative housing 3. . Housing Advisory committee Minutes -3- January 24, 1990 Chairman Campbell requested that the subcommittees meet and report at the next regularly scheduled meeting on February 28, 1990 at 3:30 p.m. STAFF COMMENTS Staff requested the Committee hold a special meeting on Wednesday, February 7, 1990 at 3: 30 p. m. to review the Regional Housing Needs Statement before it goes before Council on February 13, 1990. (HAC-MIN) . . ATTACHMENT 2 , ~l ;),~cen~-.:l"' <. ) .i..;i',~ >' . :J;-,~l::-J;:~~: :~ec J.::::l.,c:nded -..: :-:'"J aGe s to = :13 pt 2l' ..-. ) ,~~lUl:l ',Ti~ ~". ';unici~:1.1 '~,~de r.l'C ~ ':-"J.rG~ry ,'irGes, ~:ou3,Ln0 C08r:'1in:;..~or, CO;:::'~LU;'lity J>~'!elOl?::lent 'J.?part:nent Section 9.4o.;J20 - Add t.he .i.-'ollo~,Ting definition: 't=.;1T,';G~r_occupied ~nobilehor:1e :::1' :rai121" .....::. resic:enc2- of the owner ;:"or six ;~'lo:'.tl1s or :)~:e C;l'] t 1 v:l? :;r:.;;c ip3.1 :~ore ..:":.'Jl.,r.rlG ., a Je2,.r. 2EASO.'J: To define ~eaning 0: c....ner-('Icc~,lrierj ~lome i::l rp'c0"!".:-:.e:jj2d ~::;ec~io!:l 0.;tO.030"9.6. ('I:iopced by ;1ob:i.le:'1C\11e _'~s'ps C>:~:-':::1i t"tee " t. ?', ~Q,,) 0:1 -ep ~rr"oer __.' )'-..-" / :::'?C~~:)~l 9..1lC".2]'"'-::.\I.'. - r;~13:1ge t~~ :'--:Q~<:i'1'1'J.'":l 3."it:)'1:1: Df 3.S3::....s-:ar;C-2 P:'com "3 .'1"'1'\.' ,-'-" r,\r~" ~ ,v~v ~o ~O,V0J. (nAsalT: t3,OOD is ;:;:1 u~lrealistic 10i>1 cost to relocate large homes. Section 9.4o.030B.6. - Change to the following: . "Evidence that the park owner has agreed to purchase owner-occupied homes of low and moderate income residents which are determined to be not relocatable d'.le" to age and/or cotdEiorr. cche purchase price shall be deter~ined ty an appraiser selected jy t~e park o~n2r ~~0~ ~ 1is-: prorrrl16,~ted "":'y ~he -::Jrru:1uni~~. Jr'velop'Tt::cc lirector, :'Ir at a ~-'ric-; '1'.ut~Jall~' aGreed U!!O!l':;Y the parties. ?:-..r e~l1;ire c03t of '~,Pl'r:lisal shall be c'or:1e 1;/ the park owner. It ~ ~---'.^, ",'"< 10 resolve question OI replaceme:1G cl'i ceria". :cmmittee 0.1 ::GlrcemCer ~lon-exic;tent. IT :J~:L'.'lQ.rd insurance (.-1iorted :.;,,";:/ ;'::Joileiwme :;::SS<.lC:; :::6, lS<~'9) 0~CGL)[';. ':::)~,-\.;J=CC,.~-:'. - ;,;h'~~~c;p. ;:;-8..:'1' GO ,'-t,J2<), a,iQ ::12 c:iircl 'Vhe.::~ir3t year \3xLr..~1...I. .r,.' ............r, u~. 't''..) ,v'r''-', ~ 'le :22CCr'....l year ;:,~ ...... '.0'", ,f_,vv>J'. ~ . '-' -, . - 2.,:~2 -.'-' c. . February 21, 1990 . m: Members of the Housing Advisory Committee Members of the Mobilehome Issues Committee FROM: Margery M. Girbes, Housing coordinator~~~ SUBJECT: Mobilehome Relocation Assistance . On December 5, Mary Francis Click addressed the Council regarding a defect in our mobilehome relocation ordinance. It appears that our ordinance has a possible defect. The requirement that an owner develop a relocation plan is triggered by the owner making application to the City for a change of use or a building permit. A potential loophole exists where the owner decides to just go out of business. Since he is not seeking any permit, he does not have to develop a relocation plan. Once the park is empty, the owner could then come to the City and seek some approval without any relocation being necessary in that all the tenants would be gone. We cannot force a park owner to stay in business. Santa Monica's attempt to do this was upheld by the California Supreme Court (Nash v. City of Santa Monica 37 C.3d 97) but the legislature reacted to this case and passed a law prohibiting such a regulation in the future. (Government Code Section 7060 et seq.) We are allowed to require relocation when the owner ceases to use all or part of a mobilehome park for mobilehomes. The City Attorney has drafted an amendment to our ordinance which would add a requirement that a mobilehome park owner prepare a relocation plan upon cessation of all or part of the park. MMG/ss Attachment . . ( ( ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.40.030 OF THE CHULA VISTA MUNICIPAL CODE CLARIFYING THE REQUIREMENT THAT A RELOCATION PLAN BE FILED PRIOR TO DISCONTINUANCE OF A MOBILEHOME PARK The City Council of the City of Chula Vista does ordain as follows: SECTION I: That section 9.40.030 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 9.40.030 A. . . Application discontinuance trailer park. for of conversion mobilehome or or 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 permi t; or 3. Is entitled to be used as a mobilehome or trailer park based on nonconforming rights. B. Application Requirements. The following information or documentation shall consti tute application for conver sion 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, -1- ( ( 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, b. Assistance for low and moderate income mobilehome or trailer owner/occupants in the form of payment by the park owner of seventy-five percent, up to a maximum of $3,000, of the cost of relocating the mobilehbme or trailer to another mobilehome or trailer park within one hundred 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 nonuse; 9. As an al ternati ve to subsection B4b of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three-year notice to vacate, said notice being pursuant to Section 798.56 (f) of the Ci vil Code. If such a three-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: . -2- . ( ( If Mobilehome or Trailer Owner/Occupant Vacates Before End Of First year Second year Third year C. 1. 2. . . Portion of Expenses Paid by Owner 75% 50% 25% Up to a Maximum of $3,000.00 2,000.00 1,000.00 3. 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: 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. 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 commi tments by the par k owner do not mi tiga te the impact of conversion or discontinuance on the heal th, safety or gener al welfare of per sons residing in the mobilehome or trailer park, he shall deny the application for conversion. 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 submitted evidence thereof to the Community Development Director. 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. 4. -3- ( ( 5. A copy of this written finding of facts shall be filed wi th the Ci ty Clerk, the Planning Director and the Director of Building and Housing, and shall be mailed to the applicant and to the mobilehome or trailer owner/occupants of the mobilehome or trailer park. G.-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 Section C. 5, except when appeal is taken to the City Council as provided in subsection D of this section. 2. D. Appeal from the 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 fifteen days fOllowing the decision of the Communi ty Development Director. The appeal may be taken by the applicant, any governmental - body or agency, any owner of real property located wi thin 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. 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 ten days prior to the date of the hearing; By mailing notices at least ten the date of such hearing to the trailer park owner and to all trailer owner/occupants of the trailer park. Decision from the Community b. days pr ior mobilehome mobilehome mobilehome to or or or -4- . . . ( ( 3. Upon the hear ing of the appeal, the Ci ty 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. 4. E. Waiver. The Community Development Director may recommend to the Ci ty Council the acceptance of other mi tigating 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 ten calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each 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 appl ican t submi ts to the Communi ty 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 -5- ( ( 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. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented and Approved as to form by Attorney 6602a ,- -6- . February 21, 1990 TO: FROM: Chairman and Members of the Housin9 Ad({nory Committee Margery M. Girbes, Housing Coordinator~rt'(. 1/YIC'::f Regional Housing Needs Statement SUBJECT: The San Diego Association of Governments (SANDAG) has prepared the Regional Housing Needs Statement (RHNS) to assist the cities and county in the San Diego region in preparing their revised housing elements. SANDAG has gathered and analyzed data to identify projected housing needs for the region. Specifically these needs consist of two important sets of numbers: Regional Share: The projected number of housing units that would meet a jurisdiction's share of housing for all income groups; and Fair Share: The existing and projected number of lower income households that need assistance. . In SANDAG's analysis the City of Chula Vista has a "Regional Share" of 5,354 units. This is the number of new units which need to be constructed in the next five (5) years. Based on the projected development in the City, staff believes this is an obtainable goal. (Refer to table 56.) The "Fair Share" identifies 1,058 units as being a good faith effort over the five year period. In order to meet this goal, the City will need to identify and participate in low income housing programs. (Refer to table 58.) Programs and policy will need to be identifed in the Housing Element to meet the "Fair Share" requirement. Staff has reviewed the RHNS document and has not identified any significant discrepancies. It is staff's recommendation that the Housing Advisory Committee recommend that the City Council endorse the RHNS. MGM/ss Attachment cc: Robin Keightley, Contract Planner . Table 56 Regional Share By Jurisdiction Regional Housing Needs Statement San Diego Region 1/89 - 7/96 Total 5-Year Regional Regional Income Distribution (Growth Only) Allocation Share Share Very" Low Low Moderate All Other Jurisdiction Factor (1/89 to 7/96) (7/91 to 7/96) 23% 17% 21% 39% Carlsbad 5.8 9,409 6,273 1,443 1,066 1,317 2,447 Chula Vista 3.3 5,354 3,569 821 607 749 1,392 Coronado 0.6 973 649 149 110 136 254 Del Mar 0.3 487 325 75 55 68 127 EI Cajon 1.9 3,082 2,055 473 349 432 801 Encinitas 1.3 2,109 1,406 323 239 295 549 Escondido 6.2 10,058 6,705 1,542 1,140 1,408 2,615 Imperial Beach 0.2 324 216 50 37 45 84 La Mesa 1.3 2,109 1,406 323 239 295 549 Lemon Grove 0.7 1,136 757 174 129 159 295 - National City 1.0 1,622 1,081 249 184 227 421 '" Oceanside 6.9 11 , 194 7,463 1,716 1,269 1,567 2,911 '" Poway 2.3 3,731 2,487 572 423 522 970 San Diego 40.5 65,703 43,802 10,074 7,446 9,198 17,084 San Marcos 3.4 5,516 3,677 846 625 772 1,434 Santee 1.8 2,920 1,947 448 331 409 759 Solana Beach 0.4 649 433 100 74 91 168 Vista 3.6 5,840 3,893 895 662 818 1,518 Unincorporated 19.1 30,986 20,657 4,751 3,512 4,338 8,056 Regional Total (162,229) (108,801) (25,024) (18,497) (22,846) (42,434) (1) (2) (3) (4) (5) (6) (7) Column 1: From Table 57 (Column 5) Column 2: Column 1 Percent x Control Total Housing Needs 162,229 (See text Regional Share) Column 3: (Column 2) x (5 Years~ 7.5 Years) Columns 4/5/617: Column 3 Needs x .23 (Col. 4), .17 (Col. 5), .21 (Col. 6), and Balance (Col. 7) Source: SANDAG Regionalllousing Needs Statement Tables and Series 7 Regional Growth Forecast . Table. 4 Fair Share By Jurisdiction Regional Housing Needs Statement San Diego Region 1991 - 1996 Existing Existing Growth Growth Total Total "Fair Share" "Fair Share!' "Fair Share" "Fair Share" "Fair Share" "Fair Share" Five-Year Jurisdiction (Percent) (Households) (Percent) (Households) (Percent) (Households) Goals Carls bad 5.1 8,227 6.2 773 5.2 9,000 1,125 Chula Vista 4.9 7,905 4.5 561 4.9 8,466 1,058 Coronado 1.2 1,936 1.1 137 1.2 2,073 259 Del Mar 0.3 484 0.3 37 0.3 521 65 EI Cajon 2.2 3,549 1.7 212 2.2 3,761 470 Encinitas 2.5 4,033 2.2 274 2.5 4,307 538 Escondido 3.9 6,291 3.8 474 3.9 6,765 846 Imperial Beach 0.2 323 0.1 12 0.2 335 42 La Mesa 2.1 3,388 1.8 224 2.1 3,612 452 Lemon Grove 0.8 1,291 0.8 100 0.8 1,391 174 National City 0.2 323 -0.3 (-37) 0.2 298 37 - Oceanside 4.4 7,098 5.1 636 4.4 7,734 967 0 Poway 2.6 4,194 2.6 324 2.6 4,518 565 ... San Diego 43.0 69,368 41.4 5,161 42.9 74,529 9,316 San Marcos 2.4 3,872 2.8 349 2.4 4,221 528 Santee 3.0 4,840 3.2 399 3.0 5,239 655 Solana Beach 0.9 1,452 0.8 100 0.9 1,552 194 Vista 2.1 3,388 2.2 274 2.1 3,662 458 Unincorporated 18.2 29,360 19.8 2,468 18.3 31,828 ~~ Regional Total (161,320) (12,467) (173,787) (21,728) (1) (2) (3) (4) (5) (6) (7) Column 1: Column 2: Column 3: Column 4: Column 5: Column 6: Column 7: From Table 59, Column 6 Column 1 x Control Total: 161,320 (From Existing Need For All Housing Assistance Plans in San Diego Region) From Table 60 Column 3 x Control Total: 12,467 (Existing Need (161,320)-: Existing Occupied 876,717 = (.184) x Household Growth 1989 to 1995 (81,306) x 5 Years-: 6 Years for 5 Year Total = 67,755). Column 2 + Column 4-: Regional Total: 173,787 (161,320 + 12,467) Column 2 + Column 4 Column 6 x 2.596 Per Year (Good Faith Effort) , I So'f"Pj S~Nn~G rOl'rinf1 Npj'ds rtRtFmett )ablys , . , I , I , , I I I