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HomeMy WebLinkAboutOrdinance #3595 ORDINANCE NO. 3595 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 234 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE REGARDING MOBILEHOME PARK CONVERSIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 234.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 234.04 Definitions Words and phrases whenever used in this chapter 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. A unit that is sold to and occupied by a low or moderate income household. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed 25 percent of the household's gross income for low income households or 30 percent of the household's gross income for moderate income households. B. Applicant. The person, firm, corporation, partnership, or other entity having leasehold interest or fee ownership in the operation of a mobilehome park. C. Change of use. 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 of a park or any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land. D. Eligible owner. Any mobilehome 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. A residential unit that is sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. F. Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the California Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in the California Civil Code Section 799.24, or a commercial coach, as defined in Health and Safety Code Section 18218. G. Mobilehome Park. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. Mobilehome park shall not include a mobilehome subdivision of stock cooperative. ord/02zoning/chap234/1 V)/02 1 i 0� �-o . 3Sq � H. Mobilchome space. Any area, tract of land, site, loft, pad or portion of a mobilehome park designated or used for the occupancy of one mobilehome. L Notice of intent to change use. Notification as required by California Civil Code Section 798.56(g)(2). J. Original purchase price. 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 establishing 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 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. A residential unit which meets the standards for an affordable unit which is situated in a project that is designed to accommodate senior citizens through special financing programs and/or modified development standards. SECTION 2. Section 234.06 of the Huntington Beach Zoning and Subdivision is hereby amended to read as follows: 234.06 Removal of MHP Overlay or RMP Zone or Change of Use The City Council shall not approve a zone change for any parcel when such change would have the effect of removing the MHP or RMP designation from that property, or approve a change of use unless the following findings have been made: A. That all applicable requirements as set forth in California Government Code Section 66427.4., or 65863.7, whichever is applicable, have been completed. B. That the proposed zoning is consistent with the General Plan of the City of Huntington Beach and all elements thereof, and for projects located within the coastal zone that the proposed zoning is consistent with the Land Use Plan portion of the Local Coastal Program. C. That the proposed change of land use will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. D. That the property which is the subject of the zone change would be more appropriately developed in accordance with uses permitted 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 Community Development at least eighteen (18) months prior to the date the mobilehome owner is required to vacate the premises. F. The zone change shall not become effective unless a Local Coastal Program amendment is effectively certified by the Coastal Commission. ord/02zoning/chap234110/9/02 2 0, 59 5 3 SECTION 3 This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of December , 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ,,bty Attorney REVIEWED AND APPROVED: Attorney INITIATED AND APPROVED: City Adilrin—istrator Director/of Planning ord/02zon ing/chap234/10/9102 3 ...... ........ i Ord. No. 3595 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of November, 2002, and was again read to said City Council at an regular meeting thereof held on the 2"d day of December 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Green, Broadman, Cook, Houchen, Hardy . NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City'of Huntington Beach and ex-officio Clerk.of the City Council,do hereby certify that a s�aePeie of this ordinance has been published in the Huntington Beach Fountain Valley Independent on a v 200%S, In accordance with the iry Charter of said City Connie Brockway,_City Clerk City Clerk and ex-officio Kerk Deputy City Clerk of the City Council of the City of Huntington Beach, California