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HomeMy WebLinkAboutOrdinance #2563 i ORDINANCE NO. 2563 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 927 ENTITLED, "MOBILEHOME OVERLAY ZONES, REMOVAL OF OVERLAY ZONES, REZONING OF MH ZONES, AND CHANGE OF USE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 927 entitled, "Mobilehome Overlay Zones , Removal of Overlay Zones, Rezoning of MH Zones, and Change of Use" to read as follows : 9270. APPLICATION OF ARTICLE. (a) The mobilehome park resi- dential zone is hereby established as an overlay zone to permit the application of mobilehome zone to parcels of land developed with mobilehome parks and zoned with a primary underlying zoning desig- nation. The purpose of the mobilehome park zone is to establish a means of providing a reasonable and proper transition from the present mobilehome park use to the uses permitted in the underlying zoning districts . Wherever reference is made in this section or on any districting maps to MHP, it shall mean mobilehome park overlay zone. (b ) All findings required for removal of the MHP overlay zone shall also be applied to requests for rezoning existing MH districts to different zoning districts , and for any change of use as hereinafter defined. (c) All findings required for removal of the MHP overlay, rezoning from MH or change in use shall be required for all property upon which a mobilehome park then exists, or upon which a mobilehome park existed at any time within the preceding five (5) years . 9270.1 . DEFINITIONS. Words and phrases whenever used in this article shall be construed as defined herein unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases : (a) Affordable Unit. "Affordable unit" shall mean a "for AJF:ahb 11/l0/82 ( 7) ' r sale" unit that is sold to and occupied by a low or moderate in- come household. "Affordable unit" shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household' s income for low income households or 30 percent of the household' s income for moderate income households . (b) Applicant . "Applicant" shall mean the person, firm, corporation, partnership, or other entity having leasehold in- terest or fee ownership in the operation of a mobilehome park. (c) Change of Use. "Change of use" shall mean use of the park for a purpose other than the rental or the holding out for rent of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and shall not mean the adoption, amendment, or repeal of a park rule or regulation. "Change of use" may affect an entire park or any portion thereof, and such "change of use" shall include, but is not limited to, a change I of a park or any portion thereof to a condominium, stock coopera- tive , planned unit development, commercial use, industrial use, or vacant land. (d) Eligible Owner. "Eligible owner" shall mean any mobile- home owner owning a mobilehome in a park at the time of issuance of the notice of intent to change use, but shall not include any mobilehome owner who is renting his unit to another party at such time. (e) Market Rate Unit. "Market rate unit" shall mean a resi- dential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications . (f) Mobilehome. "Mobilehome" is a structure transportable on a street or highway by authorization or a permit in one or more sections, designed and equipped for human habitation, to be used with or without a foundation system. Therefore, "mobile- home" does not include recreation vehicles , commercial coaches , or factory-built housing resting upon permanent foundations . (g) Mobilehome Park. "Mobilehome park" is any area of land used primarily for the placing, parking or storing of two or more mobilehomes for housekeeping, sleeping or living quarters . (h) Mobilehome Space. "Mobilehome space" is any area, tract of land, site, lot , pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. (i) Notice of Intent to Change Use. "Notice of Intent to Change Use" shall mean notification as required by California Civil Code section 798. 56( f) (2) . (j ) Original Purchase Price. "Original purchase price" 2. shall mean the price which the mobilehome owner, occupying the mobilehome space, originally paid for the mobilehome and any attached optional equipment and/or tag-a-longs and expando rooms . In determining the price, the regulations for estab- lishing the cost basis , as found in the United States Code Title 26, Internal Revenue Code, shall be used. Such purchase price shall be verified by the mobilehome owner through the existence of sales receipts indicating date of purchase, monetary amount of purchase, identification or model numbers of all items purchased and the party from whom the items were purchased. "Original purchase price" shall not include cost of financing. (k) Senior Citizen Unit. "Senior citizen unit" shall mean a residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommo- date senior citizens through special financing programs and/or modified development standards. 9270. 2. CRITERIA FOR APPLICATION OF ZONE. The City Council, in making its determination whether to apply the MHP zone to any particular property, shall consider the following factors as to whether such zone is appropriate: (a) Existing zoning and general plan designations . (b ) The age and condition of the mobilehome park. (c) The relationship of the mobilehome park to surrounding land uses . I (d) Vehicle access to the area under consideration. (e) Site area. (f) Site configuration. 9270. 3. USES PERMITTED. The following uses shall be per- i mitted in an MHP district : (a) Mobilehome parks as regulated by the State of California. I (b ) Accessory uses and structures incidental to the opera- tion of mobilehome parks such as recreation facilities and/or f community centers of a noncommercial nature, either public or private storage facilities for the use of the mobilehome park residents and any other uses or structures that are incidental to the operation of a mobilehome park. (c) Whenever property is zoned MHP, any use permitted by the underlying zoning of such property shall not be permitted. 3. I 9270. 4. REMOVAL OF THE MOBILEHOME PARK OVERLAY ZONE, MH ZONE OR CHANGE OF USE. The City Council shall not approve a zone change for any parcel when such change would have the ef- fect of removing the MHP or MH designation from that property, j or approve a change of use unless the following findings have been made: (a) Those findings required by California Government Code section 66427. 4. (b) That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof. (c) That the proposed change of land use will not have an adverse effect upon the goals and policies for provision of ade- quate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. j (d) That the property which is the subject of the zone change would be more appropriately developed in accordance with uses per- mitted by the underlying zoning, or proposed zoning. (e) That a notice of intent to change the use of a mobilehome park and relocate mobilehome owners was delivered to such owners and to the Department of Development Services at least eighteen (18) months prior to the date the mobilehome owner is required to vacate the premises . (f) That an "impact of conversion report" has been sub- mitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Failure to submit such item within twelve (12) months from the date of the notice shall re- sult in the nullification of the Notice of Intent to Change Use. The Planning Commission shall take the following items into con- sideration when addressing the adequacy of the report : (i) The date of the manufacture and size of each mobilehome in the park. (ii) Makeup of existing households, including family size, household income, length of residence, age of tenants, owner or renter, and primary or seasonal resident. (iii) Replacement space availability, monthly rents and coach acceptance criteria in mobilehome parks within fifty (50) miles of the city. The applicant shall make copies of the report available to each resident of the mobilehome park at least fifteen (15) days prior to the public hearing on the impact report. 4 . (g) That a relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. 9270. 5. RELOCATION ASSISTANCE PLAN. STANDARDS. The fol- lowing shall constitute minimum standards for an acceptable relo- cation assistance plan: (a) All eligible mobilehome owners shall be entitled to re- ceive the cost of relocation. Those costs shall be limited to dis- connection and breakdown of the mobilehome, transportation of the mobilehome, all readily movable appurtenances and contents to another mobilehome park and the cost of all hookups at the new site. All such expenses shall be identified and paid by the applicant at the time of the move. The park to which the unit is relocated shall be within fifty (50) miles of the city. If the mobilehome owner desires relocation beyond fifty (50) miles, the mobilehome owner shall be responsible for the costs associated with reloca- tion beyond the fifty (50) mile limit established by this article. (b) If the mobilehome owner cannot be relocated to another park in accordance with the procedures herein, the applicant shall purchase the mobilehome and any optional equipment and/or tag-a-longs and expando rooms from the mobilehome owner at an amount to be determined after establishing the mobilehome owner's original purchase price, and the date of original purchase. Where proof of purchase is not available or verifiable, and the manufacturer' s original list price cannot be ascertained, the value of the mobilehome shall be determined by averaging the sales price of the three (3) most comparable units of similar age, size, and quality found in the applicant' s mobilehome park at the time the mobilehome owner purchased the site. When the original purchase price is ascertained, the amount of compensation to be paid by an applicant to a mobile- home owner shall be determined by using the following method: Mobilehomes shall be depreciated at a rate of 4. 7 per- cent per year, beginning with the date the mobilehome owner originally purchased the mobilehome and/or optional equipment and continuing until the date set for vacation by the applicant in the Notice of Intent to Change Use; or, if the mobilehome owner is permitted to remain on site beyond the date set for vacation, depreciation of the mobilehome shall continue until the actual date of vacation. The applicant may grant one (1) six-month extension to the length of time given to the mobilehome owners in the Notice of Intent to Change Use by notifying the mobilehome owners of 5. i such extension at least four (4) months prior to the date speci- fied in such notice. The extension shall be granted for no more and no less than six (6) months , and the amount of compensation adjusted accordingly. An applicant may, with the consent of the mobilehome owner, transfer a mobilehome unit to another space in the park. Such transfer shall not constitute permanent relocation, and the cost of all such moves shall be borne by the applicant . The mobilehome owner' s compensation for any mobilehome that cannot be relocated to any other park shall be no less than four thousand five hundred dollars ($4,500) plus moving expenses up to five hundred dollars ( $500) , an aggregate not to exceed five thousand dollars ( $5,000) . In order to reduce the impact of relocation to alterna- tive housing further, the applicant shall pay a cost of housing differential of 50 percent of the increase in the cost of housing for the first year, not to exceed seven hundred fifty dollars ( $750 ) for each mobilehome owner. (c) If the mobilehome owner cannot be relocated in accordance with the procedures contained herein, the applicant has the option of making available suitable alternative housing, together with compensation, to such mobilehome owner. Where alternative housing is proposed, it shall be available in the following categories : (aa) Senior citizen housing; (bb) Affordable housing; and (cc ) Market rate housing. (d) Any applicant and mobilehome owner may mutually agree to modify the standards and methods contained in this section, and in no case shall an applicant be required to relocate or purchase a mobilehome prior to the date of the Notice of Intent to Change Use. (e) Appeals from the amount of compensation to be given a mobilehome owner shall be filed with the applicant within thirty (30) days after the mobilehome owner has notice of the amount he is to receive . The applicant shall acknowledge any appeal within thirty (30) days, and if an agreement cannot be reached, the matter shall be referred to a professional arbitrator. (f) To determine whether compensation accurately reflects the 6. original cost of the mobilehome, the applicant and/or professional arbitrator shall rely on records furnished by the mobilehome owner, or if such records are not available, the mobilehome shall be sub- jected to the comparison test set out elsewhere in this section. All optional equipment and appurtenances shall be valued in the same manner. i (g) That the mobilehome owners have received written guaran- tee of first-right-of-refusal to purchase units if the development which replaces the mobilehome park is to be residential in whole or in part. (h) That the applicant has complied with all applicable city ordinances and state regulations in effect at the time the relocation assistance plan was approved. (i) That the applicant has complied with the conditions of approval, including the following items : (i) Mobilehome owners will not be forced to relocate prior to the end of their leases . (ii) Mobilehome owners have been given the right to terminate their leases upon approval of the relocation assis- tance plan. (iii) Demolition or construction will not occur until the relocation assistance plan is approved and the eighteen (18) month notification period has expired. 9270. 6. ACCEPTANCE OF REPORTS. The final form of the im- pact of conversion report and relocation assistance plan will be as approved by the Planning Commission. The reports, if acceptable, shall remain on file with the Department of Development Services for review by any interested persons. Each of the mobilehome owners shall be given written notification within ten (10) days of approval of the relocation assistance plan. 9270. 7. ACTION BY PLANNING COMMISSION. At the conclusion of its hearing, noticed as provided in this code, the Planning Commission shall approve , conditionally approve, or deny said impact of conversion report and relocation assistance plan pur- suant to the provisions of this article, and such decision shall be supported by a resolution of the Planning Commission, setting forth its findings . 9270 . 8. FEES REQUIRED. Each impact report and relocation assistance plan submitted shall be accompanied by a fee established by resolution of the City Council. 7. i 'I SECTION 2. This ordinance shall take effect thirty days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November , 1982. 'I Mayor j ATTEST: APPROVED AS TO FORM: GAIL HUTTON, City Attorney By City Clerk Deputy C ' AttorneyG-11r-' `J_10la, REVIEW ND APPROVED: INITIATED AND APPROVED: City Administrator irector of Development Services 8. Ord. No. 2563 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I ALICIA M. WENTWORTH the dulyelected qualified City q Y Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven— adjourn6d that the foregoing ordinance was read to said City Council at a/regular meeting thereof held on the 25th day of October 1982 , and was again read to said City Council at a regular meeting thereof held on the 15th day of November i9 82 and was passed and adopted by the affirmative vote of more than a majority of all the members of said. City Council. AYES: Councilmen: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson City Clerk and ex-officio ,Clerk of the City Council of the City of Huntington Beach, California 1, AWa m. wehtworth CITY CLERK of the City of Huntingtzn Beach and ex-ofticio Clerk of the City Counci, do he.eby certify that a synopsis of this ordinance ::as been published in the Huntington Beach Ineepemseet on p in accordance wn the City Chartc•_ of said City. ALICIA M. WENTWORTM ...................... City Clerk ...._..................... ................................:.......... ..... oeputy City Clerk