HomeMy WebLinkAbout2011/07/12 Item 23CITY COUNCIL
AGENDA STATEMENT
~~ ~ ~~ /i clrvoF
"'+"` CHULA VISTA
NLY 12, 2011, Item
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF CITY CHULA
VISTA AMENDING CHAPTER 9.40 OF THE CHULA VISTA
MUNICIPAL CODE AND ADDING SECTION 9.40.040
RELATING TO MOBILEHOME HOUSING ASSISTANCE
RESOLUTION OF THE CITY COUNCIL OF CITY CHULA
VISTA ADOPTING MOBILEHOME CLOSURE
ADMINISTRATIVE REGULATIONS ~~
SUBMITTED BY: ASSISTANT CITY MANAGER7DIRECTOR OF
DEVELOPMENT SERVICES
REVIEWED BY: CITY MANAGER /~- ~~
(/ 4/STHS VOTE: YES ~ NO ~X
SUMMARY
Since 2006 several efforts have been undertaken to update the Mobilehome Housing
Assistance ordinance (Chula Vista Municipal Code 9.40), which addresses impacts on
and requirements for compensating displaced mobilehome park residents when a
conversion, closure, or cessation of use is contemplated for an existing mobilehome or
trailer park. Tonight's action proposes recommendations that were formulated through
these processes in relation to updating benefits to be provided to displaced residents in
the case of a mobilehome park closure.
ENVIRONMENTAL REVIEW
The Director of Development Services 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 activity consists of a governmental administrative action that will
not result in direct or indirect physical changes in the environment. Therefore, pursuant to
Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the ordinance and resolution.
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BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Background
State laws govern the closure procedure for mobilehome and trailer pazks upon
conversion, closure, or cessation of use and allow local implementing agencies to either
implement this law on a case by case basis or codify supplement requirements, as
follows:
"The legislative body, or its delegated advisory agency, shall review the report,
prior to any change of use, and may require, as a condition of the change, the
person or entity to take steps to mitigate any adverse impact of the conversion,
closure, or cessation of use on the ability of displaced mobilehome park residents
to find adequate housing in a mobilehome park. The steps required to be taken
to mitigate shall not exceed the reasonable costs of relocation. "
In 1982 the City of Chula Vista adopted Municipal Code (CVMC) Chapter 9.40 to
implement state law and provide supplemental requirements, specifically defining
"reasonable costs of relocation" through the identification of financial benefits upon
displacement. The ordinance last updated in 1999, currently contains outdated relocation
costs and contains ambiguous terms specific to the valuation of mobilehomes when they
aze unable to be relocated. This ambiguity leaves the ordinance open to interpretation for
mobilehome owners and park owners about the relocation benefits that would be required
if a pazk was to close.
Over the years this uncertainty has led to several City actions, such as excluding
mobilehome parks from rezoning in the Urban Core Specific Plan, an amendment to the
General Plan to add the Mobilehome Overlay Zone and several efforts to update the
ordinance requiring hundreds of hours in staff time and potentially preventing
redevelopment of some trailer pazk along the Broadway corridor. Specifically two major
efforts have been undertaken to update the ordinance in the past five yeazs as summarized
below.
Public Outreach
In October 2006, the City Council approved the establishment of a Mobilehome Overlay
District in the General Plan. This action resulted from concerns that proposed rezoning
of mobilehome and trailer parks in the Urban Core and some other azeas of the City to
conform to the recently updated General Plan could increase changes in land use, and
thus increase the number of pazk closures and displaced park residents.
At the same time, it was acknowledged that the City's Mobilehome and Trailer Park
Conversion Ordinance (Chula Vista Municipal Code (CVMC) Sections 9.40 and 9.60),
was in need of updating. The current ordinance language was adopted nearly 30 years
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JULY 12, 2011, Item 23
Page 3 of 8
ago and is vague. It does not provide certainty to either park owners or residents, and
increases the City's legal liability in future park closures. City staff completed research
and public outreach in 2007 and 2010 on draft amendments to the City's Mobilehome
Closure Ordinance. City staff worked on amending this ordinance for two main reasons:
1) to ensure that mobilehome residents and mobilehome park owners are each treated
fairly through any park closure process, and 2) to ensure a cleaz, predictable process and
price to both parties. The outreach efforts aze summarized below.
2007 Effort
In February 2007 staff initiated the update process as directed by the General Plan
amendment and included an extensive public outreach effort to provide feedback to staff
research and proposed amendments throughout the process, as summarized below:
• Stakeholder Groups -Representatives from all thirty-two (32) pazks were invited to
attend small working group meetings.
o Resident Stakeholders (Golden State Mobilehome Owners League) -
Homeowner Association presidents and/or resident representative, with
meetings held on:
• February 27, 2007
• May 10, 2007
• July 11, 2007
o Owner Stakeholders (Western Mobilehome Parkowners Association) -
Owners or their representatives (i.e. park manager), with meetings held on:
• March 1, 2007
• May 10, 2007
• July 11, 2007
• General Public Meetings -Staff made a concerted effort to outreach to mobilehome
residents and the general public, including placing legal advertisements in the Staz
News and La Prensa (Spanish publication). In addition, staff requested that all park
managers post notices of meetings. In an effort to accommodate the large Hispanic
population in the mobilehome communities, all literature was also provided in
Spanish, and a translator was provided at meetings, held as follows:
March 6, 2007
• May 8, 2007 (Spanish)
• May 10, 2007
• July 9, 2007
• July 11, 2007 (Spanish)
• Advisory Bodies -Staff held information workshops with the following advisory
bodies to receive input on staff recommended changes to the ordinance, as follows:
• Planning Commission -August 8, 2007
• Housing Advisory Commission -August 13, 2007
• Mobilehome Rent Review Commission -August 16, 2007
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 particulaz issue:
mobilehome replacement value in cases where coach relocation was not feasible.
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JULY 12, 2011, Item 23
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Mobilehome residents wanted the ordinance to require either Fair Market Value of the
coach as if the park were to continue operation, or the cost to replace the coach with a
new mobilehome. The efforts were stalled in September 2007 to monitor ongoing
litigation in the City of Huntington Beach regarding replacement value. The litigation
was never resolved by the courts.
2010 Effort
Again in October 2009, Council authorized the establishment of a Mobilehome Issues
Stakeholders Committee, consisting of 7 residents and 7 park owners, to look at amicable
solutions to park closure issues and potentially recommend changes to Chapter 9.40. The
committee met as follows:
• January 4, 2010 Joint Issues Stakeholder Committee
• January 11, 2010 .Owner Stakeholder Group
Resident Stakeholder Group
• January 25, 2010 Resident Stakeholder Group
• January 27, 2010 Owner Stakeholder Group
• February 1, 2010 Joint Issues Stakeholder Committee
• February 8, 2010 Joint Issues Stakeholder Committee
From the start of the process it was acknowledged that resolutions to park closure issues
may be difficult to resolve due to the complexity of issues. Pazk owners contended that
they were comfortable with the current version of CVMC 9.40 and only willing to
discuss changes if rent control, specifically decontrol at vacancy turnover, was included
in the overall conversation. Residents did not desire to include rent control in the
discussions, however wanted to see changes made to CVMC 9.40, particulazly related to
relocation assistance and to clarify value when a unit is not able to be relocated.
Staff participated in the committee's last meeting to confirm that the group consensus
was an impasse. Both stakeholder groups indicated that if the City would like to see
parks redevelop appropriately, the City should also financially participate in the
relocation process.
Proposed Amendments
In March 2010 staff presented the results of the stakeholder group to City Council. The
City Council acknowledged that there was a connection between CVMC 9.40 and CVMC
9.50 the Mobilehome Rent Review Ordinance. Therefore a comprehensive mobilehome
package is being brought forward at this time. Specific to Chapter 9.40, addressing
displacement issues upon closure, staff is bringing forward the staff recommendations
that resulted from the 2007 outreach efforts. The recommendations include amendments
to the ordinance, Attachment 1, and adopting Mobilehome Closure Administrative
Regulations, Attachment 2, that specify specific financial benefits to displaced residents.
The Regulations aze included as a separate Resolution in order to provide greater
flexibility in the future to Council to update to market conditions.
A summary of the topic azea, current ordinance language, issue to be addressed, and staff
recommended amendments aze provided below.
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JULY 12, 2011, Item 23
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Financial Assistance -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: Cost to relocate mobilehomes often exceeds this amount and only
addresses income eligible residents.
Recommendation: All residents shall receive a Lump Sum Relocation Benefit equal
to the LESSER OF:
The actual costs of physically moving (i.e. dismantling, moving,
reassembling, rebuilding, including skirting and tiedowns) the
coach and movable improvements (i.e. patios, carports, and
porches), to a maximum distance of one hundred (100) miles.
OR
A lumn sum based on the following schedule:
Trailers, R.V.'s & Motorhomes -
$ 2,000
No movin ermit required
Single Wide- $ 5,000
10', 12', 14' & 16' wide
Double Wide- $11 000
'
20', 24', 26', 28' wide
Triple Wide- $15,000
More than a double wide joined together
In addition, extremely-, very low- and low- income residents shall
receive additional compensation in the form of a Lump Sum Space
Rent Subsidy as follows:
Lump Sum Space Rent Subsidy = 12 x Average monthly space
rent for current unit type in SD County- CV monthly maximum
affordable rent (for income category)
Financial Assistance -Mobilehome Value
CVMC 9.40: When a coach is unable to be moved, the City's code determines
the value of mobilehomes by standard insurance replacement
criteria. Issue: The criteria provided in the ordinance has no
clear definition of value; both residents and park owners have
differing expectations of the application of the ordinance. State
law provides latitude for jurisdictions to determine reasonable
value. The reasonable value between fair market "on-site" value
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JULY 12, 2011, Item L 3
Page 6 of 8
and the "pull-off' value (coach value excluding value of being on
the land) is highly debated by owners and residents.
Recommendation: If a coach/trailer cannot be relocated due to condition or lack of
available space, all residents shall receive a Lump Sum Value
Payment equal to the GREATER OF:
Mobilehome
The Depreciated Replacement Cost plus additions for site
improvements of coach as determined by a qualified, independent
appraiser, approved by the City, based on the following factors:
age, size, condition, and fixed improvements.
OR
A lump sum based on the following schedule:
Single Wide -
'
'
'
' $ 6
500
wide
10
, 12
, 14
& 16 ,
Double Wide-
'
'
'
' $11
500
, 24
, 26
, 28
wide
20 ,
Triple Wide- $15
500
More than a double wide joined together ,
Trailer Value
The Kelley Bluebook/Yellowbook Value plus Adjustments for
permitted site improvements as determined by a qualified
independent appraiser
OR
A lump sum based on the following schedule:
Trailers, R.V.'s & Motorhomes - I $ 2,500
No movine uermit required
In addition, extremely-, very low- and low- income residents shall
receive additional compensation in the form of a Lump Sum
Rental Subsidy as follows:
Lump Sum Rental Subsidy = 12 x Average monthly rent fora 1-
bedroom (trailer/singlewide) or 2-bedroom
(doublewide/triplewide) apartment in CV County - CV monthly
maximum affordable rent (for income category).
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JULY 12, 2011, Item '~ 3
Page 7 of 8
Financial Assistance -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: Should renters be provided with some type of assistance?
Recommendation: No benefits shall be provided to any person who is renting a
mobilehome from the owner of the mobilehome park where an
executed written agreement waives rights to such benefit.
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.
Notification of Intent to Close
CVMC 9.40: Does not currently identify an amount of time that residents must
be notified, however state law requires notice of termination of
tenancy be provided six (6) to twelve (12) months prior to closure
dependant on the permit activity required for a change of use.
Issue: Residents and owners have expressed interest in having a
determined amount of time in which notice must be given.
Recommendation: Any resident of the mobilehome pazk shall be provided with a
minimum of one (1) year "Intent to Close" notice and shall not be
required to vacate less than six (6) months ("Termination of
Tenancy") from the city's approval of a change of use/removal of
the overlay zone and Relocation Impact Report ("RIR") approval.
Further, residents shall not be required to vacate less than thirty-
five (35) days from payment of any relocation benefits.
First Right of Refusal to Purchase Park (CVMC 9.60)
In addition, Chapter 9.60 Right of First Refusal to Purchase Park was identified as a
potential ordinance to update. Chapter 9.60 identifies right of first refusal for any
resident organization when a park is listed for sale, pursuant California Civil Code
798.80. During the 2007 outreach efforts, residents expressed a desire to be notified
regazdless of organization and type of sale. Further research identified a court opinion
that determined it was unconstitutional to require that residents be offered first right of
refusal in instances other than described in California Civil Code. Therefore no revision
to the existing ordinance is recommended at this time.
DECISION MAKER CONFLICT
City staff has determined that Councilmember Ramirez has property within 500 feet of a
mobilehome pazk, but upon review of the scope of the proposed action and the extent to
which a material effect is contingent upon intervening events, any material financial
effect is not reasonably foreseeable within the meaning of FPPC regulation ?$706.
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JULY 12, 2011, Item
Page 8 of 8
CURRENT YEAR FISCAL IMPACT
None.
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. CVMC 9.40 Amendments
2. Mobilehome Closure Administrative Regulations
3. Summary of Comments and Options
4. Public comments received on June 28, 201 ]
Prepared by: Stacey Kurz, Senior Project Coordinator,
Development Services Department, Housing Division
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Attachment 1
CVMC 9.40 Amendment
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ORDINANCE NO. 2011-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9.40 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO MOBILEHOME
HOUSING ASSISTANCE
WHEREAS, California State Government Code Section 65863.7(e) gives legislative
bodies the ability, prior to any change of use, and may require, as a condition of the change, the
person or entity seeking such action, to take steps to mitigate any adverse impact of the
conversion, closure, or cessation of use, such steps shall not exceed reasonable costs to relocate;
and
WHEREAS, in 1982 the City adopted Chula Vista Municipal Code Chapter 9.40,
"Mobilehome Housing Assistance," as allowed by Government Code, and amended the chapter
to its current form in 1999; and
WHEREAS, over the past five years the City has undertaken several public outreach
efforts in order to update such ordinance and provide clarity to all parties on the financial
benefits that eligible displaced persons would be entitled to; and
WHEREAS, the City desires to update such ordinance in order to streamline
consideration of the application, define reasonable costs to relocate in today's market, and
provide flexibility for future updates; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: ACTION
Chapter 9.40 of the Chula Vista Municipal Code is amended as follows:
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.
9.40.040 Severability.
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 o±her uses or the discontinuance of use of
mobilehome or trailer pazks on the ability of displaced mobilehome or trailer
23-10
owner/occupants to find adequate spaces in other such pazks. It is the intent of the council
to impose upon pazk owners choosing to convert or discontinue their mobilehome or
trailer pazk 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 regazd to notification and to establish relocation
assistance programs for ~;-artd meQerate-inren~ 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 pazk 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 yeazs 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 aze 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 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 aze 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.
23-11
F. "Mobilehome or trailer park tenants" are persons under a rental agreement renting a
mobilehome from the owner of the mobilehome park where an executed written
agreement waives rights to relocation benefits.
l G "Manufactured home," is a unit built post June 15, 1976 that meets U.S.
Department of Housing and Urban Development (HUD) specifications, the term
"manufactured home" for the pumose of this chapter only, shall be synonymous with the
term "mobilehome."
H. "Mobilehome Closure Administrative Regulations," adopted b~tv Council
Resolution these regulations provide detailed financial benefits for displaced residents.
(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 pazks 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 unity
ity of Chula Vista. The requirements of this section shall be
applicable whether or not the mobilehome or trailer park is:
1. Located within an exclusive mobilehome pazk 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.
The City shall develop Administrative Regulations setting forth relocation assistance
requirements The Administrative Regulations shall be approved by City Council via
resolution.
B. Application Requirements. The following information or documentation shall
constitute application for conversion or discontinuance of an existing mobilehome or
trailer pazk.
1. A Relocation Impact Report ("RIR"), in accordance with California releeaEiert
planGovemment Code, 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,
£ Length of tenancy of each mobilehome or trailer owner/occupant,
g. Estimated income and age of each mobilehome or trailer owner/occupant;
23-12
3. A timetable for vacating the existing park;
4. Evidence satisfactory to the ° •~'«-• a°- °,°..m°..« a:_°,..°« ~C~that
agreements satisfying the relocation assistance requirements ef~is~ha}~teras identified
in the Citv's Mobilehome Closure Administrative Regulations have been offered to
eligible mobilehome or trailer owner/occupants. _°~~°" °- :a°~~° --~°-• ~~~l~~a° "~-' ~° ~°'
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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 lei-and
--•~a°«~~:.~mobilehome or trailer owner/occupants which are determined to be not
relocatable due to age and/or condition. Such purchases shall be based on staadard
~;,,~ttr~ee -°-.~lacemenand compliance with the City's Mobilehome Closure
Administrative Regulationsc~iteria,
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. Evidence that low-income mobilehome or trailer park tenants shall be provided
with the services of one or more housing experts, approved by the city, 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. No
additional benefits shall be required.
89. A narrative summary of planned new use of property to be converted or reason
for non-use;
10 Evidence of compliance with General Plan Section 7.17 -Evaluation of
Mobilehome Developments -Mobilehome Overlay District.
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C. Submittal to °^ao`rthe r'^^'^'..^:'' n°.,°7°~...°... T,:«°,.«,._Csity nn lniof,thc
The RIR shall be submitted to the n ............:.. a°• °'°~~°~'
diree~ersCity. The ~-dDevelopment sServices d~«°~aDepartment shall e
h~,~~da~~~ia preview the RIR in the following manner:
1. If the r:k a°~ °,°..,,,°.,' ,7;..°nr,._ nC~determines that the application is
appears to be complete and in ^°~~~s-conformance with all regulations, policies and
guidelines, and that the relecatien--plar~RIR or other commitments by the pazk owner
mitigate the impact of conversion or discontinuance on the health, safety and general
welfaze of persons residing in the mobilehome or trailer pazk, he shall grate-theelevate
the application for conversion to City Council for consideration.
2. If the u~y-dDevelopment sServices dDepartment~ee~er determines that
the application i~does not appear to beret complete or it-fees-xetin conformance with all
regulations, policies and guidelines, or that the releeatierr-plar7RIR or other commitments
by the pazk 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 pazk, he
shall decry-request additional information from the apglieatien-applicanten.
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sServices diLceto~Department 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 and in compliance with General Plan Section 7.17 -
Evaluation of Mobilehome Developments -Mobilehome Overlay District.
34. A copy of this written finding of facts shall be F:,°,, ., ;", «,,° n:r,. ,.'°_, °..,, ',.°
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City Council consideration of the application for conversion or discontinuance.
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23-14
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45. The decision of the city council shall be final unless appealed to a court of
competent jurisdiction.
E. Waiver. The ° ~~~'- a°- °7°~-~°~' ~'~«°°'°« °City may recommend to the eCity
eCouncil 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 pazk 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 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 ° --~~'- a°- °l~~-~~°~' a:«°°'°« "City an affidavit approved as
to form by the sCity aAttomey declaring that the applicant has given the notice required
by this provision.
3. Any resident of the mobilehome park shall be provided with a minimum of one
(1) year "Intent to Close" notice and shall not be required to vacate less than six (6)
months ("Termination of Tenancy") from the eCity's approval of a change of
use/removal of the overlay zone and Relocation Impact Report ("RIR") apnroval.
Further residents shall not be required to vacate less than thirty-five (35) days from
payment of any relocation benefits.
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 pazk 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
23-15
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).
9.40.040 Severabilitv.
If anv provision of this chapter or the application of anv such provision to anv person or
circtunstance shall be held invalid the remainder of this chapter to the extent if can be ^iven
effect or the application of those provisions to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby and to this end the provisions of this
chapter are severable.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
SECTION III: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Gary Halbert, P.E. AICP
Assistant City Manager/
Director of Development Services
Approved as to form by
Glen Googins
City Attorney
23-16
Attachment 2
Mobilehome Closure
Administrative Regulations
23-17
MOBILEHOME CLOSURE
ADMINISTRATIVE
REGULATIONS
~.
cnv of
CHULA VISTA
23-18
Adopted by City Council Resolution No. 2011- on July 12, 2011
Mobilebome Closure Administrative Regulations
California State Government Code Section 65863.7(e) authorizes the City, prior to any change of
use, and to require, as a condition of the change, the person or entity seeking such action, take
steps to mitigate any adverse impact of the conversion, closure, or cessation of use, such steps
shall not exceed reasonable costs to relocate. These administrative regulations are intended to
implement that authority.
On July 12, 2011 the City Council of the City of Chula Vista adopted amendments to Chula
Vista Municipal Code 9.40 (CVMC 9.40) to update financial benefits to eligible displaced
mobilehome residents should a pazk conversion, closure, or cessation of use. Section 9.40.030 of
the ordinance, "Application for conversion or discontinuance of mobilehome or trailer park"
identifies this supplemental document as defining specific dollar amounts and formulas for
calculating such benefits.
The two specific areas defined in these Administrative Regulations are 1) Relocation Benefit -
the financial benefit to relocate amobilehome/trailer, as identified in CVMC 9.40.030 B.4 and 2)
Value Payment -financial benefit when a unit is not able to be relocated due to condition, or
lack of available space, as identified in CVMC 9.40.030 B.6.
1. MOBILEHOME/I'RAILER RELOCATION (CVMC 9.40.030 B.4)
All eligible residents shall receive a Lump Sum Relocation Benefit equal to the LESSER OF:
The actual costs of physically moving (i.e. dismantling, moving, reassembling, rebuilding,
including skirting and tiedowns) the coach and movable improvements (i.e. patios, carports, and
porches), to a maximum distance of one hundred (100) miles.
OR
A lumn sum based nn the followine schedule:
Trailers, R.V.'s & Motorhomes -
$' 2,000
No moving permit required
Single Wide - $ 5,000
10', 12', 14' & 16' wide
Double Wide- $11,000
20', 24', 26', 28' wide
Triple Wide-
More than a double wide joined $15,000
together
23-19
ADDTI70NAL RELOCATIONASSISTANCE
In addition, extremely-, very low- and low- income residents shall receive additional
compensation in the form of a Lump Sum Space Rent Subsidy as follows:
Lump Sum Space Rent Subsidy = 12 x Average monthly space rent for current unit type
in SD County -Chula Vista monthly maximum affordable rent (for income category)
Acceptable data sources used for calculating the above formula shall be approved by the City
and based on widely accepted data.
2. VALUATION (CVMC 9.40.030 B.6)
If a coach/trailer cannot be relocated due to condition or lack of available space, all residents
shall receive a Lump Sum Value Payment equal to the GREATER OF:
Mobilehome
The Depreciated Replacement Cost plus additions for site improvements of coach as determined
by a qualified, independent appraiser, approved by the City, based on the following factors: age,
size, condition, and fixed improvements.
OR
A lump sum based on the following schedule:
Single Wide - $ 6,500
10', 12', 14' & 16' wide
ouble Wide - $11 500
20', 24', 26', 28' wide '
Triple Wide- $15,500
More than a double wide joined together
Trailer Value
The Kelley Bluebook/Yellowbook Value plus Adjustments for permitted site improvements as
determined by a qualified independent appraiser
OR
A lump sum based on the following schedule:
Trailers, R.V.'s & Motorhomes - I $ 2,500
No moving permit required
ADDITIONAL VALUE ASSISTANCE
23-20
In addition, extremely-, very low- and low- income residents shall receive additional
compensation in the form of a Lump Sum Rental Subsidy as follows:
Lump Sum Rental Subsidy = 12 x Average monthly rent fora 1-bedroom
(trailer/singlewide) or 2-bedroom (doublewide/triplewide) apartment in Chula Vista
-Chula Vista monthly maximum affordable rent (for income category)
Acceptable data sources used for calculating the above formula shall be approved by the City
and based on widely accepted data.
23-21
Attachment 3
Summary of Comments
and Options
23-22
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- Many smallyoldtrailers atenot - 75% 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' cosUtime
responsibility- City shares in as hundred (100) miles. rebuilding, including skirting rebuilding, including skirting - Ownershould pay full cost
well and tiedowns) the coach and and tiedowns) the coach and - Mealsshould be included in per r
- Assistance should be based on movable improvements (i.e. movable improvements (i.e. ~ diem
income patios, carports, and porches), patios, carports, and porches), - Subsidize increased rent over the
- Should not include subsidy for to a maximum distance of fifty and packing and unpacking ~annualpermissive
increased rent:-: (50) miles. personal property to a - AI[ematives should be comparable
- Moving costs differ by size maximum distance of one
- Iftoo manyaes[rIctiona areplacad, IRS mileage rate (for up to 50 hundred (100) miles.
may devalue property miles -torrent rate totals $24.25).
Plus, if move cannot be Actual 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
(for up to 3 days- curtent 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 any and any security deposit.
security deposit (op to a .Any differential between
maximum value of$2,oo0). rental rates during the first
.Any differential between year of tenancy.
rental rates during the first
year of tenancy (op to a
maximum value of $5,000).
All maximum amounts will be
ad~usted annual) for innation. -
SUMMARY OF COMMENTS & OPTIONS
FINANCIAL ASSISTANCE - Mobilehome Relocation
N
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- Many small, old tmilets are. not '-- If coach cannot be relocated due If coach cannot be relocated If coach cannot be relocated due - Need on=site or pre-closurefair
worth much and/or are not to condition or lack of available due to condition or lack of to condition or lack of available market value usingfactors such as:
habitable space, standard insurance available space, value of space, 85% of "On-Site" Fair condition, length of residency,
- Not just park owner's replacement value shall be coach/trailer as determined by Market Value of coach as improvements, park
responsibility,-City shares in as determined by a qualified, a qualified, independent determined by a qualified, condition quality, original cost
well independent appraiser, appraiser, approved by the independent appraiser, - Land owner making`out they
- Assistance should be based'on approved by the City. City, based on the following approved by the City, assuming shodldbe responsible; not City:
.income factors: age, size, condition, continuance of park in a safe, -'Residents receiveshort end of
- Value of MI-I/trailer use an and fixed improvements. sanitary and well maintained stink _ '.
objective factor, such as: etrucmre, condition and considering - By appraisal; City track sales for
age, condition, useful life - Payment of a lump sum for: variables, such as: age, size, comparables `'
- Should not use value of being in • first month's rent and any condition, proximity, and fixed - Do notuse insurance or blue book
park, pull off value security deposit (up to a improvements. value '
- Should not be insurance driven maximum vane oe$z,ooo). - Lack at it as a home: (teal
(type and coverage amountdiffer) • 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 costsas they haveaoday.' year of tenancy (up to a improvements
maximum value of $5,000).
Non-occupant owners (reside
- in mobilehome for less than 6
months per year) shall be
eligible for value of
coach trailer only.
All maximum amounts will be
ad'usted annual) for inflation.
FINANCIAL ASSISTANCE - Mobilehome Value
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1
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- Assistance should be basedon No benefits shall be provided to Payment of a lump sum to Expense of assuming tenancy in - Subsidize new renYaud any
income any person who is renting a compensate for payment of the comparable housing, including: required downpaymenls
mobilehome from the owner of first month's rent and any first month's rent and security - Alternatives shouldbe comparable
the mobilehome park where an security deposit at new deposit, and differential
executed written agreement housing (up to a maximum of between rental rate at converted
waives rights to such benefit. 2 months existing rent). park or replacement housing
during the first year of tenancy.
All eligible tenants of eligible
mobilehome owners shall be
provided with the services of
one or more housing experts to
assist in relocating to available
and appropriate housing,
including: financial advice,
description of housing
alternatives, and transportation
if unable to operate a motor
vehicle.
FINANCIAL ASSISTANCE -Relocation Assistance for Tenants (Renters)
NOTIFICATION
t ~
- Mirror/comply with. state law Any resident of the mobilehome Two years from date of Two years from date of - Minimum 2 years noticing
- Before or after plan approved? park shall not be required to application to close/convert to approval of closure to terminate - Assistance should be tied to
-0on't want to start uproar. & vacate less than six (6) months terminate tenancy. May be tenancy. May be reduced to no notification period
doesn't happen'. from the date of notice of reduced to no less than six (6) less than six months (6) or - The lower income still can't a$ord
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 agreement of owner and two- owner and residents.
benefits. thirds of coach owners.
N
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- State and case law restrict this - Should offer to residents
issue regardless of association stems or
- Property owner should have option I' typo ofsale `.
- Difficult to determine acceptable - Allow additional time to secure
offer =often cash plus percent of financipg and make offers
Future profit ' - Disclosure to incoming tenants.
Can't make ark owner's sell
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RIGHT OF FIRST REFUSAL TO PURCHASE PARK
RESOLUTION NO. 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING MOBILEHOME CLOSURE
ADMINISTRATIVE REGULATIONS
WHEREAS, California State Government Code Section 65863.7(e) gives legislative
bodies the ability, prior to any change of use, and may require, as a condition of the change, the
person or entity seeking such action, to take steps to mitigate any adverse impact of the
conversion, closure, or cessation of use, such steps shall not exceed reasonable costs to relocate;
and
WHEREAS, in 1982 (with 1999 amendments) the City adopted Chula Vista Municipal
Code Chapter 9.40, "Mobilehome Housing Assistance," as allowed by and consistent with the
above referenced Government Code; and
WHEREAS, on July 12, 2011 the City Council amended Chapter 9.40, tinter alia, to in
order to define reasonable costs to relocate in today's mazket and provide flexibility for future
updates; and
WHEREAS, on July 12, 2011 the City Council adopted amendments to CVMC 9.40,
which provide for the establishment of administrative regulations (hereinafter "City's
Mobilehome Closure Administrative Regulations") to set forth the relocation assistance
requirements to be provided to eligible displaced residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approve and adopt the "Mobilehome Closure Administrative Regulations" to
supplement Chula Vista Municipal Code 9.40 "Mobilehome Housing Assistance" setting forth
the relocation assistance requirements to be provided to eligible displaced residents.
Presented by:
Gazy Halbert, P.E. AICP
Assistance City Manager/Director of
Development Services
Approved as to form by:
Glen R. Googins
City Attorney
Zs-2a
Attachment 4
Public comments received
on June 28, 2011
23-29
,,;~;;,, Mobilehome Ordinance Information
a~-~A Con>t~nent Card
Name: 2N z u ~ w-
[~"Resident Park Name: ;vnr~oo :J au- ably E -fRfs
^ Parks Owner
1 am commenting on the propofed amendmentf to:CVMC 9.ao -Closure
CVMC 9.50 -Rent Review
Comments and/or Concerns:
~' , s ~%S' ~- ,o -
;~ ~ o c~ yr ~
~ ~ e~-~ ~~
Comments must be received by /u/y 5, 2077 in order to be inc/uded in the /u/y 12, 2017 City Counci/Meeting
Agenda Packet.
,,:~ ~ Mobilehome Ordinance Information
a~~A Comment Card ~
Name: '2 v
R sident Park Name:
~' Parks Owner c
i am commenting on the propofed amendments toy I~ CVMC 9.ao - Ctosur`e
a~'EVMC 9.50 -Rent Review
Comments must bereceived by /uly 5, 2077 in order to be included in the /u/y 12, 2071 City Council Meeting
Agenda Packet.
23-30
Comments and/or Concerns:
s
ORDINANCE NO. 2011-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9.40 OF THE CHULA
VISTA MUNICIPAL CODE AND ADDING SECTION 9.40.040
RELATING TO MOBILEHOME HOUSING ASSISTANCE
WHEREAS, California State Government Code Section 65863.7(e) gives legislative
bodies the ability, prior to any change of use, and may require, as a condition of the change, the
person or entity seeking such action, to take steps to mitigate any adverse impact of the
conversion, closure, or cessation of use, such steps shall not exceed reasonable costs to relocate;
and
WHEREAS, in 1982 the City adopted Chula Vista Municipal Code Chapter 9.40,
"Mobilehome Housing Assistance," as allowed by Government Code, and amended the chapter
to its current form in 1999; and
WHEREAS, over the past five years the City has undertaken several public outreach
efforts in order to update such ordinance and provide clarity to all parties on the financial
benefits that eligible displaced persons would be entitled to; and
WHEREAS, the City desires to update such ordinance in order to streamline
consideration of the application, define reasonable costs to relocate in today's market, and
provide flexibility for future updates; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: ACTION
Chapter 9.40 of the Chula Vista Municipal Code is amended as follows:
Chapter 9.40
HOUSING ASSISTANCE
Sections:
9.40.010 Mobilehome pazk and trailer pazk conversions -Purpose and intent.
9.40.020 Definitions.
9.40.030 Application for conversion or discontinuance of mobilehome or trailer park.
9.40.040 Severability.
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 othe-r uses or the discontinuance of use of
mobilehome or trailer parks on the ability of displaced mobilehome or trailer
23-31
owner/occupants to find adequate spaces in other such pazks. It is the intent of the council
to impose upon park owners choosing to convert or discontinue their mobilehome or
trailer pazk 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 le~~:-and-rrtederate-insenie 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 pazk 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 yeazs 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 pazk" is an azea 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 aze 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 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 azea 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.
23-32
F "Mobilehome or trailer park tenants'' are persons rmder a rental agreement renting a
mobilehome from the owner of the mobilehome park where an executed written
agreement waives rights to relocation benefits.
G ``Manufactured home " is a unit built post June 15, 1976 that meets U.S.
Department of Housing and Urban Development (HUD) specifications the term
"manufactured home" for the purpose of this chanter only, shall be synonymous with the
term "mobilehome."
H "Mobilehome Closure Administrative Regulations;' adopted by City Council
Resolution these regulations provide detailed financial benefits for displaced residents
(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
pazk, 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 ~it3~
a°~~°~^~-~°~* -'°~°~^--~°~*^ity of Chula Vista. The requirements of this section shall be
applicable whether or not the mobilehome or trailer pazk 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.
The City shall develop Administrative Regulations setting forth relocation assistance
requirements The Administrative Regulations shall be approved by City Council via
resolution.
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 Impact Report ("RIR") in accordance with California r°'°'~~^^~
p1ar~Government Code, 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,
£ Length of tenancy of each mobilehome or trailer owner/occupant,
g. Estimated income and age of each mobilehome or trailer owner/occupant;
23-33
3. A timetable for vacating the existing park;
4. Evidence satisfactory to the ~~~h° a°~ °'°~•~°~' ''~«°^'^« ^City that
agreements satisfying the relocation assistance requirements oFn h°s-~ar~t~ras identified
in the City's Mobilehome Closure Administrative Re>;ulations have been offered to
eligible mobilehome or trailer owner/occupants. _e..°}. °-:,1°.,n° .~ :.,n1...7° "..' :° .,^'
1:m:4°~ hn h},° ill°., r:«r~
w , ... ~...... .. ..b.
1r7~' •n «°lnnn4.. nl.:l°l,n...°n .- 4.n:lo.c ..arl 1„~_l~___miQ
O
..Yn
1. F F 1, }. .1. n nF'7G ... °«h « t.. n ..F QZ !1!1!1 nF
r ~ ~ r
h} F 1 1. 1,'1 U.....° n.. t«.,:1°« h.. n ,.r}.°,..«nl.:l °1, n...o ... 4«~:1 « .~«l~
b
. Ah: «~TTOOTSCLl~
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'~~~.•-~~Q
°a°«~~mobilehome or trailer owner/occupants which are determined to be not
relocatable due to age and/or condition. Such purchases shall be based on staxdaer~
«°_'~~°-^°^' and compliance with the City's Mobilehome Closure
Administrative Regulationssr-iterta,
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 Evidence that low-income mobilehome or trailer park tenants shall be provided
with the services of one or more housing experts approved by the city, to assist in
relocating to available and appropriate housing including• financial advice description of
housin>? alternatives and transportation if unable to operate a motor vehicle. No
additional benefits shall be required.
89. A narrative summary of planned new use of property to be converted or reason
for non-use;
10 Evidence of compliance with General Plan Section 7.17 -Evaluation of
Mobilehome Developments -Mobilehome Overlay District.
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23-34
C. Submittal to °^a~F-the r°--• «:+•. r,,,. ,,,.«.,.°«+ n:_°^.°_Ceity n t~T,ro a>ic
The RIR shall be submitted to the ^ «:,.' ,,°.'°l,.««,°«r
di~reCity. The se~t}=dDevelopment sServices dirsster~Department shall n~al{e
leis-desisienreview the RIR in the following manner:
1. If the «~'- `'°"°'°""'°«r ''°'°^~°" City determines that the application is
appears to be complete and in c°-o~~rconformance with all regulations, policies and
guidelines, and that the «°7^~~=RIR 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 g-tkeelevate
the application for conversion to City Council for consideration.
2. If the ~rizy-dDevelopment sServices dDepartmentirester determines that
the application i~does not appear to beret complete or ~* a~°°°-«aatin conformance with all
regulations, policies and guidelines, or that the releEatian--plar~RlR or other commitments
by the park owner do not mitigate the impact of conversion or discontinuance on the
health, safety or general welfaze of persons residing in the mobilehome or trailer pazk, he
shall de}iy-r~uest additional information from the application-applicant.
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a
r.•7 7...--.° r«..:7°- ...1, ~*>,° ~ratyreviewing the RIR, the dDevelopment
sServices di'YesterdDepartment 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 and in compliance with General Plan Section 7.17 -
Evaluation of MobilehomeDevelopments - Mobilehome Overlay District.
d4. A copy of this written fmding of facts shall be r, a ..:«,, .,,° ,.:.., ,., ._, ^«,, rh°
.7' F 1 .7 L...:1,7;«„ «.l ..7.°71 1,° ..,°:1°.7 r„ rr.° .-.«1: ~,.«+ «,1 +., rl, =,
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City Council consideration of the application for conversion or discontinuance.
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23-35
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45. The decision of the city council shall be final unless appealed to a court of
competent jurisdiction.
E. Waiver. The ° ~~~~*-- a°-•°ln..mn„r a:«nnrn« nCity may recommend to the sCity
eCouncil 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 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
cornmunity development director.
2. No public hearing required hereunder to consider an application for conversion or
discontinuance of a mobilehome or trailer pazk use shall be held unless and until the
applicant submits to the ° ••~~'° an..n,°,.-"°.,' a:v°nrn« nCity an affidavit approved as
to form by the sCity aAttorney declazing that the applicant has given the notice required
by this provision.
3. Any resident of the mobilehome park shall be provided with a minimum of one
(1) year "Intent to Close" notice and shall not be required to vacate less than six (6)
months ("Termination of Tenane~) from the sCit~pproval of a change of
use/removal of the overlay zone and Relocation Impact Report ("RIR") approval.
Further residents shall not be required to vacate less than thirty-five (35) days from
payment of any relocation benefits.
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
23-36
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).
9.40.040 Severability.
If any provision of this chapter, or the application of any such provision to anyperson or
circumstance, shall be held invalid, the remainder of this chapter to the extent if can be eiven
effect, or the application of those provisions to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby, and to this end the provisions of this
chapter are severable.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
SECTION III: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Gary Halbert, P.E. AICP
Assistant City Manager/
Director of Development Services
Approved as to form by
Glen Googins
City Attorney
23-37
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING MOBILEHOME CLOSURE
ADMINISTRATIVE REGULATIONS
WHEREAS, California State Government Code Section 65863.7(e) gives legislative
bodies the ability, prior to any change of use, and may require, as a condition of the change, the
person or entity seeking such action, to take steps to mitigate any adverse impact of the
conversion, closure, or cessation of use, such steps shall not exceed reasonable costs to relocate;
and
WHEREAS, in 1982 (with 1999 amendments) the City adopted Chula Vista Municipal
Code Chapter 9.40, "Mobilehome Housing Assistance," as allowed by and consistent with the
above referenced Government Code; and
WHEREAS, on July 12, 2011 the City Council amended Chapter 9.40, inter alia, to in
order to define reasonable costs to relocate in today's market and provide flexibility for future
updates; and
WHEREAS, on July 12, 2011 the City Council adopted amendments to CVMC 9.40,
which provide for. the establishment of administrative regulations (hereinafter "City's
Mobilehome Closure Administrative Regulations") to set forth the relocation assistance
requirements to be provided to eligible displaced residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approve and adopt the "Mobilehome Closure Administrative Regulations" to
supplement Chula Vista Municipal Code 9.40 "Mobilehome Housing Assistance" setting forth
the relocation assistance requirements to be provided to eligible displaced residents.
Presented by:
Gary Halbert, P.E. AICP
Assistant City Manager/Director of
Development Services
~~
as to f~i by:
R. Goo in p,~,_ ~,jyv47~ ~l ~ V(,~.
Attorne ~"
23-38
MOBILEHOME CLOSURE
ADMINISTRATIVE
REGULATIONS
~~
__~._
CIiY OF
CHULA VISTA
23-39
Adopted by City Council Resolution No. 2011- on July 12, 2011
Mobilehome Closure Administrative Regulations
California State Government Code Section 65863.7(e) authorizes the City, prior to any change of
use, and to require, as a condition of the change, the person or entity seeking such action, take
steps to mitigate any adverse impact of the conversion, closure, or cessation of use, such steps
shall not exceed reasonable costs to relocate. These administrative regulations are intended to
implement that authority.
On July 12, 2011 the City Council of the City of Chula Vista adopted amendments to Chula
Vista Municipal Code 9.40 (CVMC 9.40) to update financial benefits to eligible displaced
mobilehome residents should a park conversion, closure, or cessation of use. Section 9.40.030 of
the ordinance, "Application for conversion or discontinuance of mobilehome or trailer park"
identifies this supplemental document as defining specific dollar amounts and formulas for
calculating such benefits.
The two specific azeas defined in these Administrative Regulations are 1) Relocation Benefit -
the financial benefit to relocate amobilehome/trailer, as identified in CVMC 9.40.030 B.4 and 2)
Value Payment -financial benefit when a unit is not able to be relocated due to condition, or
lack of available space, as identified in CVMC 9.40.030 B.6.
1. MOBILEHOME/TRAILER RELOCATION (CVMC 9.40.030 B.4)
All eligible residents shall receive a Lump Sum Relocation Benefit equal to the LESSER OF:
The actual costs of physically moving (i.e. dismantling, moving, reassembling, rebuilding,
including skirting and tiedowns) the coach and movable improvements (i.e. patios, carports, and
porches), to a maximum distance of one hundred (100) miles.
OR
A h,mn sum haled nn the followine schedule:
Trailers, R.V.'s & Motorhomes - $ 2,000
No moving permit re uired
Single Wide - $ 5,000
10', 12', 14' & 16' wide
Double Wide- $11 000
'
20', 24', 26', 28' wide
Triple Wide -
More than a double wide joined $15,000
together
23-40
ADDITIONAL RELOCATIONASSISTANCE
In addition, extremely-, very low- and low- income residents shall receive additional
compensation in the form of a Lump Sum Space Rent Subsidy as follows:
Lump Sum Space Reut Subsidy = 12 x Average monthly space rent for current unit type
in SD County -Chula Vista monthly maximum affordable rent (for income category)
Acceptable data sources used for calculating the above formula shall be approved by the City
and based on widely accepted data.
2. VALUATION (CVMC 9.40.030 B.6)
If a coach/trailer cannot be relocated due to condition or lack of available space, all residents
shall receive a Lump Sum Value Payment equal to the GREATER OF:
Mobilehome
The Depreciated Replacement Cost plus additions for site improvements of coach as determined
by a qualified, independent appraiser, approved by the City, based on the following factors: age,
size, condition, and fixed improvements.
OR
A lump sum based on the following schedule:
Single Wide-
'
'
' $ 6,500
wide
10', 12
, 14
& 16
Double Wide- $11
500
20', 24', 26', 28' wide ,
Triple Wide- $15
500
More than a double wide joined together ,
Trailer Value
The Kelley Bluebook/Yellowbook Value plus Adjustments for permitted site improvements as
determined by a qualified independent appraiser
OR
A lumn sum based on the following schedule:
R.V.'s & Motorhomes - I $ 2,500
No moving permit required
ADDITIONAL VAL UE ASSISTANCE
23-41
In addition, extremely-, very low- and low- income residents shall receive additional
compensation in the form of a Lump Sum Rental Subsidy as follows:
Lump Sum Rental Subsidy = 12 x Average monthly rent fora 1-bedroom
(trailer/singlewide) or 2-bedroom (doublewide/triplewide) apartment in Chula Vista
-Chula Vista monthly maximum affordable rent (for income category)
Acceptable data sources used for calculating the above formula shall be approved by the City
and based on widely accepted data.
23-42
Item #23 -CVMC 9.40
~~ ~,
,~..
~e,
ir., r ~ i ~e:,. ~ .
~. ~~}~
h..~~~~ .~. CVMC 9.4~
..n:,., . Mobilehome Housing Assistance.
s , ~ Proposed Amendments
~u~y i2, Zori
3a
,`ettrr
~~
I~' ~~'
,.. ~ ~..
f
s ~)L'Z~L'~C1~IYJ2C'a2Z~ ~~~7"£~2CC'S
~.~ ,~
~.' `.~ .. ~~'~i~3~I71~"3'2~
,. .,tk... r.. .... ,,, ..._ ........ ... ......... ... ........
CVMC 9.40
Mobilehome Park Closure Ordinance
__--,
• Supplements
State Law
- "Reasonable"
Relocation
• Virtually
unchanged since
1982 adoption
- Amendments in
1989 & 1990 to
clarify that trailers
were included
35
zol~ ~~st ;.
MoBaE~+oM w ...._
RESIDENCY LA _~. ..~_.. ~.
_ T,~y ~-
,aN~~m~~~.a.* :;~:~NULA V15TA
FtCAip~LUN~7tAw -
,,,~a.~,~, ~ r~ w.,~W,.~ ~~
~rt~a~~
r,~
"~`
07/12/2011
1
Item #23 - CVMC 9.40
t~,.
'` ,-
:.
~ De~e~a~~~~~nt Sec•es
~
4
:,~
History of Park Closures
~, ~~-
• AI's Trailer Haven (, 04 spaces in April ,sal -February ,989)
'~ ~ Relocation
- Required to pay 75°/ !paid actual
• Value
~
' - Required to pay insurance replacement ("blue book") value /most
~ -- "--- ~
? uninsurable & negotiated purchase price with third party
-
_.- Twln PaImS (51 spaces in October 1989-April 1993)
Relocation
- Most relocated
• Value
- Privately negotiated purchase price with new owner
• Jade Bay
• Insurance replacement value
• Approved by bankruptcy court _ _
~1~~.~1~~T~
;~
~.~ ~r ~__
.L>ev~lca~f~en~- .Se~~c~~s
CVMC 9.40 -Closure Ordinance
Reasons for Amendments
• Mobilehome Overlay Zone
- Identified need to update to today's market
07/12/2011
2
Item #23 -CVMC 9.40
,,~~f;~
-_ L)~a}e~o~~~je~at ~~iG~vzc~~s
Public Outreach Efforts
Efforts to Update CVMC 9.40
E ~ _, ~ ~ ~ ,
ss ..~ . ~ ~, ~~
1 e
x
~ ~~ A
w~,~z_
;~r~,. -
9
~a,_Fa ~, ~ ~ ~~~a
F ~ , a~i~r~ ~, - - 1 - a.,~,~_
~_~~....... ~... 2007 ' - ___,_
- 3 rounds of meetings over 6 months
-Stakeholders: ownersJresidents/developers
- MHRRC/HAC/PC
• 2010
- Stakeholder Group of park owners and residents (7 each]
- Impasse on topics to discuss
- Council discussion regarding Zink to rent review 3s
~''r=- L?evel.~~~r~e~~~ Se~~uices
.,: - ~ .. ~ 7-y
s~at~~.~~;r,~ ~ .~~. ~.f..:.
39
07/12/2011
3
Item #23 - CVMC 9.40
„'~ t r~,,, __ -:
;,~, t_~_ . L~e~el~~r7~~n~~e~~i~e~s
~~ ~'
Current Ordinance
Notification
.P.~r
= Not currently addressed
• Need defined process for all parties
s~=_
"~'' 4"'' -Residents moving out long before closure
• Park maintenance
~- Rent base '"~`~~~~ ~~w
- Ability to find adequate housing
r ~
~~.
,~,~,€~,~
.:,,~,,;. ~~ ~ E
.D~vel~~~ze~ar Se~wzces
~> ~_
~ ~~ ~ -~: ~ ~ ~ I~e
rtr~t~~2en~-
1
{ H: !E a ~ t~
TA ~
-
..
Proposed Amendment
Notification
• Default to State Civil Code 798.56
- Minimum of one (1) year "Intent to Close"
i 3~' ~ ~ - Minimum of six (6) months "Termination of Tenancy"
}' from approval of Relocation Impact Report (RIR)
-Shall not be required to vacate less than thirty-five {35)
days from payment of re-ocation benefits
41
07/12/2011
4
Item #23 - CVMC 9.40
}
.}. ..,
~ ~~:~:
~' ~~~
t~;~ ~~ ~
Tenant Relocation Amendments
42
Current Ordinance
E ~ },:~ }~~ Tenant Relocation
• Resident rents both space and coach
34
:,.~~
?..~
~~~
t' asl';
• Not currently addressed ~ „~, °°
~`y;_ ~~
v>,~,~ ~.
07/12/2011
5
Item #23 - CVMC 9.40
,~'r 1
<<
c ii ~,> ~ ~5~~~
s
~ _ ._
''_-~ ~ez~el~~~~~ent Se~~~c~s
E _ ~x ~ { :
~.~ ~~ ~ .L~~p~~-•~-,~7P~zt
Proposed Amendment
Tenant Relocation
...~-
44
,~lSt~ ~ I~evel.~~fn~~2,~ .?E'3"11~Li`"S
~~ Relocation Amendments
45
• Services of housing relocation expert
- Referrals for housing alternatives & programs
07/12/2011
6
Item #23 - CVMC 9.40
;~ "~4: ..
;; ~..: = ~ L_>C~~3f~~"fi"r: ~E'~~~'
r i~4 1 ~ €"~A ~`"
Current Ordinance
~ , Coach/Trailer Relocation
• Assistance only for low- and moderate-income
~..~~ ,
,, , i
~ ~ ~ 75% of relocation costs, up to $3,000
• Maximum distance of one hundred (100j miles
~~~'~'
,, `~ F1,
~.~ ~ ~~
+~~ 46
I
W ~..
~.
ti ~r r . `'
~E^~?t7 ~'~1'{2 L'~ ~
Proposed Amendment
~-~. » » Resident Owner Relocation Benefits
f THE LESSER OF:
- Actual costs of physically moving
• Coach
~ .Moveable permitted improvements
• Maximum distance of 100 miles
OR
Trailers, R.V.'s & Motorhomes - $ 2,000
-Lump SUm payment: No moving permit required
Single Wide- $ 5,000
10', 12', 14' & 16' wide
Double Wide- $11,000
20', 24', 26', 28' wide
Triple Wide - $a~,000
More than a double wide
joined together
07/12/2011
7
Item #23 - CVMC 9.40
~~~itr,~
D~v~ela~~~e~lt S~~v~ce~s
m
Proposed Amendment
Additional Resident Owner Relocation Benefits
e :r:~.
~: Extremely-, very low- and low- income also receive:
e A f _ ..
-~- -~° ~-~ Lump Sum Space Rent Subsidy =
12 x Average monthly space rent for current unit
type in SD County - CV monthly maximum
affordable rent (for income category)
48
-: ~ . J"~ J
„~~tt',. I~C'11~'IO~~?Z~Yt~ .~~~"111C~E'S
___
(Ei(Jt.~~sf471 ~; ~ ~ ~ ~ .... 1.~/L`''~1~.y'~T~Z~'TLt
.w ~
3 ' Value Amendments
49
07/12/2011
8
Item #23 - CVMC 9.40
-\~`f tl, ~ .. .L~c. i%[..Li~~7l~c.7c4 ~L~! v3~i.~~i.
~ »~
Current Ordinance
CoachlTrailer Value
a.=~
,~
~' Assistance only for low- and moderate-income
~_`~~
~' E..=< Based on "standard insurance replacement criteria"
~:.. ~}~
5Q
07/12/2011
9
Item #23 - CVMC 9.40
DevelDevelopment So -vice s
Department
CH ULA VKrA
.............
g 2 Mal
ION SECTION
Grams b"Arw
800 Sf, @ $
.,h,
M �: �-M
� l-
Sr. @3
L"--f-4.
!=,-' ..... . .. .. ... -
S'V @ $_
=s -
Deck v Pa§o:
140 ST. @ S
6AO =3 896
Stems:
- ST, @ $-
......................... ........................
.....................
ION SECTION
Grams b"Arw
800 Sf, @ $
5019 40,632
Sr. @3
20.10 =S 5,427
Awns:
S'V @ $_
=s -
Deck v Pa§o:
140 ST. @ S
6AO =3 896
Stems:
- ST, @ $-
sl.@s_
ss. @ s
DeReciom 38 V-- @ 1 %,WYT"= I
FLvcbw4 - - Fcwvwc = S
07/12/2011
10
Item #23 - CVMC 9.40
07/12/2011
11
Item #23 - CVMC 9.40
07/12/2011
12