HomeMy WebLinkAbout2009-10-06; City Council; 19982; Urgency ordinance related to mobile home parksCITY OF CARLSBAD - AGENDA BILL 8
AB# 19,982
MTG. 10/06/09
DEPT. CA
INTRODUCE AND ADOPT URGENCY
ORDINANCE NO. CS-061 AMENDING
CMC CHAPTER 21.37 PROVISIONS
RELATING TO CONVERSION OF EXISTING
MOBILE HOME PARKS FROM RENTAL TO
RESIDENTIAL OWNERSHIP.
DEPT. HEAD
CITY ATTY. ^
CITYMGR. /,.• I/*"
j^'
^
RECOMMENDED ACTION:
INTRODUCE AND ADOPT Urgency Ordinance No. CS-061 , amending Carlsbad
Municipal Code Chapter 21.37 provisions relating to conversion of existing mobile home parks
from rental to residential ownership and refer to Planning Commission for report and
recommendation for further necessary amendments to Chapter 21.37.
ITEM EXPLANATION:
The City has recently received an application for a tentative map to convert the Lanikai Mobile
Home Park from rental to resident ownership. The City's mobile home park ordinance, found in
Title 21, Chapter 21.37 of the Carlsbad Municipal Code was last amended in 2004. Since that
time, the California State Court of Appeals in the 1st and 6th Districts have issued decisions
interpreting how the Mobile Home Parks Act ("MHPA") found in Health and Safety Code Section
18200, et seq. relates to local regulation of mobile home parks, including conversions of mobile
home parks from rental to resident ownership. (See County of Santa Cruz v. Waterhouse
(2005) 127 Cal.App.4th 1483 and Sequoia Park Associates v. County of Sonoma (2009) 176
Cal.App.4th 1270). In addition, the California Department of Housing and Community
Development ("DHCD") issued an information bulletin on April 21, 2008 regarding "Validity of
Local Ordinances Relating to the Installation of New Manufactured Homes and/or Sale or
Conversion of Mobile Home Parks" which clarifies that local regulation of mobile home park
conversions beyond the provisions set in Government Code section 66427.5 are preempted. In
light of these recent developments in the law, it is staff's recommendation that Chapter 21.37 be
amended to comply with Government Code section 66427.5.
Government Code section 65853 provides that an amendment to a zoning ordinance which
does not change any property from one zone to another or impose any regulation listed in
section 65850 not theretofore imposed or removes or modifies any such regulation theretofore
imposed need not be adopted in the manner set forth in sections 65854 to 65857 and may be
adopted as other ordinances are adopted. Government Code section 36937 provides that the
legislative body of a charter city, to protect the public peace, health or safety, may adopt an
urgency ordinance declaring the facts constituting the urgency. Such urgency ordinance shall
take effect immediately. Revisions to Chapter 21.37 will be processed in due course,
commencing with a recommendation from the Planning Commission.
DEPARTMENT CONTACT: Ron Ball 760-434-2801
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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FISCAL IMPACT:
There are no financial impacts associated with the proposed zone code amendments except the
loss of mobile home park permit fees for conversions from rental to resident ownership.
ENVIRONMENTAL IMPACT:
This action is exempt from CEQA (California Environmental Quality Act) pursuant to California
Code of Regulations, Title 14, Chapter 3, section 15061(b)(3) in that it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment. The conversion does not constitute a change in use and will not involve any
physical changes to the mobile home park.
EXHIBITS:
1. Urgency Ordinance No. cs-061
2. Redline CMC sections 21.37.030 and 21.37.120
3. Amended CMC sections 21.37.030 and 21.37.120
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ORDINANCE NO. CS-061
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CrPTOF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE CHAPTER 21.37 RELATING TO
CONVERSIONS OF EXISTING MOBILE HOME PARKS FROM
RENTAL TO RESIDENT OWNERSHIP
The City Council of the City of Carlsbad, California, does ordain as
follows:
WHEREAS, the City Council has carefully considered the issues in the
attached agenda bill and recommendations of the staff; and
WHEREAS, the City of Carlsbad, pursuant to its police powers
delegated by the California Constitution, has the authority to enact laws which
promote the public health, safety and general welfare of its citizens, including those
residing in mobile home parks within its jurisdiction; and
WHEREAS, the Lanikai Lane Mobile Home Park filed an application
for a tentative map for a subdivision to be created converting from a rental mobile
home park to resident ownership; and
WHEREAS, evolving case law including a recent August 21, 2009
decision of the California First District Court of Appeals has determined that it is not
appropriate for local public entities to establish regulations for the conversion of a
mobile home park from rental to resident ownership that exceed the requirements of
Government Code section 66427.5; and
WHEREAS, the City Council does not intend to regulate in any area
preempted by California law, including but not limited to regulation of conversion of
mobile home parks where there is no change in use; and
WHEREAS, the City Council desires to process the Lanikai Lane
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Mobile Home Park application for a tentative map as well as any future applications
for similar conversions expeditiously and in compliance with applicable State law.
NOW, THEREFORE, The City Council of the City of Carlsbad,
California, does hereby resolve as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That the provisions of Carlsbad Municipal Code Chapter
21.37.030 shall be amended to provide that the filing of a tentative map or parcel
map for a subdivision to be created from the conversion of a residential mobile home
park rental to resident ownership shall be exempt from the mobile home permit
requirement found in Chapter 21.37 and from the design criteria and development
standards identified in that chapter provided that the Planning Commission and City
Council find that the mobile home park shall remain substantially in conformance
with the existing facility allowing conversion.
SECTION 3: At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of an existing rental mobile home park
to residential ownership, the subdivider shall comply with the requirements in
Government Code section 66427.5.
SECTION 4: That Title 21, Chapter 21.37 is amended with revisions to
sections 21.37.030 and 21.37.120 to read as follows:
21.37.030 - Permit required
B. The requirement for a mobile home park permit and the
design criteria and development standards identified in this
chapter, are not applicable to the filing of a tentative map or
a parcel map for a subdivision to be created from the
conversion of a rental mobile home park to a resident
ownership provided that the planning commission and city
council find that the mobile home park shall remain
substantially in conformance with the existing facility allowing
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conversion. Such conversion of existing mobile home parks
shall still be subject to Sections 21.37.110 and 21.37.120.
21.37.120-Conversion
B. With the exception of mobile home parks converting
from a rental mobile home park to resident ownership, no
conversion shall be allowed unless a mobile home park
permit has been approved by the city council pursuant to
Chapter 21.37.
At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of an existing
rental mobile home park to residential ownership, the
subdivider shall comply with the requirements of
Government Code section 66427.5.
Section 5: That section 21.37.140 is added to Carlsbad
Municipal Code Chapter 21.37 as follows:
21.37.140-Severabilitv
In any section, subsection, paragraph, sentence, clause or
phrase of this Chapter and the Ordinance to which it is a
part, or any part thereof, is held for any reason to be
unconstitutional, invalid or ineffective by any court of
competent jurisdiction, the remaining sections, subsections,
paragraphs, sentences, clauses, and phrases shall not be
affected thereby. The city council hereby declares that it
would have adopted this Chapter and the Ordinance to
which it is a part regardless of the fact that one or more
sections, subsections, paragraphs, sentences, clauses, or
phrases may be determined to be unconstitutional, invalid, or
ineffective. Furthermore, if the entire ordinance or application
is deemed invalid by a court of competent jurisdiction, any
repeal of Chapter 21.37 will be rendered void and cause such
Carlsbad Municipal Code provision to remain in full force and
effect for all purposes.
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EFFECTIVE DATE: This urgency ordinance shall be effective
mmediately upon a majority vote of the City Council and shall remain in full force and
sffect until the City Council has received, considered, and acted upon the Planning
ommission recommendation for a zone code amendment of Chapter 21.37
Dertaining to the residential mobile home park zone, and any corresponding
amendments to Title 20 or 21 as deemed appropriate.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 6th day of nctob»r . 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 6th day of October _, 2009, by the following
vote, to wit:
AYES: Council Members Kulchin.Hall, Packard, and Blackburn
NOES: None.
ABSENT: Council Member Lewis.
APPROVED AS TO FORM AND LEGALITY:
(2. 0 Oeexsg^
RONALD R. BALL, City Attorney
to.A/JJL:
VlSJVIayorCLAUDE A. LEWIS, Mayor
ATTEST:
21.37.030 - Permit required
B. The conversion to condominiums of mobile home parks existing on the effective
date of the adoption of Chapter 21.37 may be exempt from the development
standardsrequirement for a mobile home park permit and the design criteria and
development standards-identified in this chapter, are not applicable to the filing of a
tentative map or a parcel map for a subdivision to be created from the conversion of a
rental home park to a resident ownership providedmg that the planning commission and
city council find that the mobile home park shall remain substantially in conformance
with the existing facility allowing conversion, and provided the conversion qualifies
under Chapter 11, Division 31 of the Health and Safety Codo (Health and Safety
Section 50780 et soq.). Such conversion of existing mobile home parks shall still be
subject to Sections 21.37.110 and 21.37.120.
21.37.120-Conversion
B. With the exception of mobile home parks converting from a rental mobile home park
to resident ownership Mno conversion shall be allowed unless a mobile home permit
has been approved by the city council pursuant to Chapter 21.37iT except that existing
mobile home parks may be exempt from the development standards identified in this
chapter pursuant to Section 21.37.030. In processing the mobile home park permit for
existing mobile home parks found not to be subject to the development standards of this
chapter, the planning commission and city council may add reasonable conditions to the
permit. Applications for conversions of existing mobile home parks may be made by
property owners or by the residents with property owner concurrence.
At the time of filing a tentative or parcel map for a subdivision to be created from the
conversion of an existing rental mobile home park to residential ownership, the
subdivider shall comply with the requirements of Government Code 66427.5
21.37.030 - Permit required
B. The requirement for a mobile home park permit and the design criteria and
development standards identified in this chapter, are not applicable to the filing of a
tentative map or a parcel map for a subdivision to be created from the conversion of a
rental home park to a resident ownership provided that the planning commission and
city council find that the mobile home park shall remain substantially in conformance
with the existing facility allowing conversion. Such conversion of existing mobile home
parks shall still be subject to Sections 21.37.110 and 21.37.120.
21.37.120-Conversion
B. With the exception of mobile home parks converting from a rental mobile home park
to resident ownership no conversion shall be allowed unless a mobile home permit has
been approved by the city council pursuant to Chapter 21.37.
At the time of filing a tentative or parcel map for a subdivision to be created from the
conversion of an existing rental mobile home park to residential ownership, the
subdivider shall comply with the requirements of Government Code 66427.5
October 5, 2009
TO:MAYOR AND CITY COUNCIL
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
FROM:CITY ATTORNEY
RE: ITEM #8 - AMENDING CMC 21.37 /PROVISIONS RELATING TO CONVERSION OF
EXISTING MOBILE HOME PARKS FROM RENTAL TO RESIDENTIAL OWNERSHIP
It is recommended that Ordinance No. CS-061 be revised to read Lanikai Lane Mobile
Home Park and that the amended version of 21.37.120 (B) - Conversion to read as
follows (changes underlined):
21.37.120(B)-Conversion
With the exception of mobile homes converting from a rental mobile
home park to resident ownership, no conversion shall be allowed
unless a mobile home park permit has been approved by the city
council
Please see revised Ordinance No. CS-061 which should be the one introduced.
RONALD R. BALL
City Attorney
rn
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OCT ~5 2009
City
City Manager
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
October 6, 2009
Richard H. Close, Esq
Gilchrist & Rutter Professional Corp.
1299 Ocean Ave Suite 900
Santa Monica CA 90401-1000
CITY OFCARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
T 760-434-2891
F 760-434-8367
FOR THE INFORMATION OF
THE CITY COUNCIL
o-l
DATE .CITY ATTORINEYEDP IONSON
MEDIAN I UfY ATTORNEY
RONALD KEMP
DEPUTY CITY ATTORNEY
Via E-mail and U.S. Mail
Re: Proposed Ordinance No. CS-061 Subdivision/Conversions of Mobilehome Parks
Dear Mr. Close:
- Va-
contact me.In the meantime, should you have any questions regarding the above, please do not hesitate to
•truly yours,
rn
RONALD R. BALL
City Attorney
c: Mayor and City Council
City Manager
Assistant City Attorney Mobaldi
Planning Director
OCT -6 2009
CITY OF CARLSBADCITY CLERK'S OFFICE
www.carlsbadca.gov
LAW OFFICES
GILCHRIST & RUTTBR
PROFKSSIONAI., CORPORATION
WILSHIRE PALISADES BUILDING
1299 OCEAN AVENUE. SUITE 9OO
SANTA MONICA, CALIFORNIA 90101-1000
TELEPHONE (310) 393-4000
FACSIMILE (31O) 394-4700
E-MAIL: rclose@gi!chr1&trutter.corT
October 5, 2009
VIA E-MAIL (RON.BALL@CARLSBADCA.GOV)
AND U.S. MAIL
Ronald R. Ball, Esq.
City Attorney, City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Proposed Ordinance No. CS-061
Subdivision/Conversions of Mobilehome Parks
Dear Mr. Ball:
We have reviewed the proposed Ordinance No. CS-061 ("Proposed Ordinance"), which
seeks to amend the Carlsbad Municipal Code Chapter 21.37 provisions relating to the conversion
of existing mobile home parks from rental to residential ownership ("Conversion") and to refer
to the Planning Commission for report and recommendation for further necessary amendments to
Chapter 21.37.
Although we support the Proposed Ordinance, which amends the Carlsbad Municipal
Code to better reflect the narrow scope of review allotted to local governments under
Government Code section 66427.5, we note that Section 4 of the Proposed Ordinance, as it
pertains to revisions to Section 21.37.030 of the Carlsbad Municipal Code, is vague and
ambiguous and should be revised.
As it currently reads, Section 4 of the Proposed Ordinance seeks to amend Section
21.37.030 of the Carlsbad Municipal Code to read as follows:
The requirement for a mobile home park permit and the design
criteria and development standards identified in this chapter, are
not applicable to the filing of a tentative map or a parcel map for a
subdivision to be created from the conversion of a rental mobile
home park to a resident ownership provided that the planning
commission and city council find that the mobile home park shall
LAW OFFICES
(JILOIIKIST & Rl JTTEK
PROFESSIONAL CORPORATION
October 5, 2009
Page 2
remain substantially in conformance with the existing facility
allowing conversion. (Emphasis added.)
However, the Proposed Ordinance is unclear as to what it means to be "substantially in
conformance with the existing facility allowing conversion." Accordingly, we request that the
City of Carlsbad ("City") either delete the underscored clause entirely or, alternatively, revise it
to read as follows:
The requirement for a mobile home park permit and the design
criteria and development standards identified in this chapter, are
not applicable to the filing of a tentative map or a parcel map for a
subdivision to be created from the conversion of a rental mobile
home park to a resident ownership provided that the planning
commission and city council find that the proposed conversion to
resident ownership does not involve any new construction,
development,, or change in use of the property. (Emphasis added.)
We believe that this revision will better bring the Carlsbad Municipal Code into
conformance with state law governing mobilehome park conversions. Accordingly, we request
that the City make the proposed change to the Proposed Ordinance before it is adopted.
Please feel free to contact me if you have any questions.
Sincerely,
GILCHRIST & RUTTER
Professional Corporation
Richard H. Close
Of the Firm
RHCiynh
194751J
4786.001