HomeMy WebLinkAboutOrdinance #4019 ORDINANCE NO. 4019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ADOPTING ZONING TEXT AMENDMENT NO. 13-002 AND AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
ADDING NEW CHAPTER 228 THERETO ENTITLED "SR SENIOR RESIDENTIAL
OVERLAY DISTRICT"
WHEREAS, the lack of affordable housing options in and around the City of
Huntington Beach continues to create housing problems for senior citizens living in the
City; and
One affordable housing option for senior citizens is a mobilehome park that
permits exclusive residence by those individuals age fifty-five (55) years and older; and
The City of Huntington Beach Housing Element has identified that the senior
segment of the City's population is an ever increasing group with seniors at 65+ years of
age representing 14% of the population; and
By the Senior Residential Overlay District permitting the senior category to
commence at age 55 addresses cost and affordability for a large segment of our senior
population; and
The conversion of ten(10) existing senior mobilehome parks may unduly burden
and irreparably harm senior citizens within the community; and
Pursuant to California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 13-002, which
establishes the Senior Residential Overlay District; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council has determined that the
aforesaid amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. That Zoning Text Amendment No. 13-002, establishing the
Senior Residential Overlay District as more fully described herein, is hereby adopted and
approved.
SECTION 2. That the Senior Residential Overlay District will promote, retain,
and provide affordable housing, and is consistent with the Housing Element of the
General Plan.
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Ordinance No. 4019
SECTION 3. That the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended by adding new Chapter 228 thereto, entitled"SR Senior Residential
Overlay District" to read as follows:
Chapter 228
SR SENIOR RESIDENTIAL OVERLAY DISTRICT
Sections:
228.02 Senior Residential Overlay District Established
228.04 Zoning Map Designator
228.06 Definition
228.08 Land Use Regulations
228.10 Minimum Design and Performance Standards
228.12 Removal of the Senior Residential Overlay District or Change of Use
228.02 Senior Residential Overlay District Established
The Senior Residential Overlay District is intended to promote the maintenance and
viability of existing mobilehome parks through appropriate zoning. It is an overlay
district where mobilehome parks are established as the primary land use in order to limit
conversion of existing affordable housing to other land uses. The Senior Residential
Overlay District may overlay any property which provides for mobilehome park
developments.
The Senior Residential Overlay District is established and shall be designated by the
symbol (SR). The (SR) designation applies to all of the ten (10) senior residential
mobilehome parks that existed in the City of Huntington Beach as of the approval on
August 5, 2013 of the City's moratorium ordinance regarding senior mobilehome park
conversions.
228.04 Zoning Map Designator
The Zoning Map shall show all property subject to the provisions of this chapter and
overlay district by adding a"SR" designator to the underlying base zone.
228.06 Definition
Except where the context clearly indicates otherwise, the definition given in this section
shall govern the provisions of this chapter.
Senior Residential Park. A"senior residential park"means a mobilehome park in which
at least eighty (80)percent of the spaces are occupied by, or intended for occupancy by,
at least one person who is fifty-five (55)years of age or older, or where one hundred
(100)percent of the spaces are occupied or intended for occupancy by persons sixty-two
(62) years of age or older.
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228.08 Land Use Regulations
At least eighty (80)percent of the spaces in mobilehome parks in the Senior Residential
Overlay Districts shall be occupied by at least one person fifty-five (55) years of age or
older. If an existing mobilehome park met this qualification on August 5, 2013, and fell
below the eighty (80) percent requirement between that date and the effective date of this
ordinance codified in this section, the Senior Residential Overlay District shall be applied
to that mobilehome park and the park shall be required to operate as a senior residential
park by renting spaces and mobilehomes only when at least one occupant of the
mobilehome is fifty-five (55) years of age or older. The signage, advertising, park rules,
regulations, rental agreements and leases for spaces in a senior residential park in the SR
Overlay District shall state that the park is a senior residential park. Pursuant to Section
228.06 Definitions and as of the effective date of the ordinance codified in this section,
the senior residential parks in the SR Zoning District are: Rancho Del Rey Mobilehome
Park, Skandia Mobilehome Park, Huntington Harbor Mobilehome Park, Sea Breeze
Mobilehome Park, Beachview Mobilehome Park, Los Amigos Mobilehome Park,
Brookfield Manor, Del Mar Mobilehome Park, Mariners Pointe, Rancho Huntington
Mobilehome Park.
Spaces and mobilehomes in senior residential parks shall be rented only to occupants
who meet the age requirement set forth in Section 228.08 above; provided, however, that
if the occupants of a space or mobilehome who do not meet this requirement rented the
space or mobilehome before the effective date of the ordinance codified in this section,
they shall be allowed to remain, and provided further that when such occupants cease to
occupy a space or mobilehome, the mobilehome and space cannot thereafter be rented
except to occupants who meet the age requirements set forth in this section.
228.10 Minimum Design and Performance Standards
The signage, advertising, leases, and park rules and regulations for spaces in senior
residential parks shall state that the park is a senior residential park. Each senior
residential park shall have procedures for verifying that it qualifies as a senior facility
under applicable federal and/or state law, including documentation establishing that at
least eighty (80) percent of the mobilehomes or spaces in the mobilehome park are
occupied by at least one resident who is fifty-five (55) years of age or older. These
procedures shall provide for regular updates, through surveys or other means of initial
information supplied by the occupants of the mobilehome park. Such updates must take
place at least once every two years. A summary of this occupancy verification
documentation shall be available for inspection upon reasonable notice and request by
City officials.
228.12 Removal of the Senior Residential Overlay District
A zoning map amendment to remove the SR overlay designation shall be subject to the
provisions of Chapter 247.
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Ordinance No. 4019
SECTION 4. This ordinance shall take effect thirty days following its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting held on March 17 2014
Mayor
ATTEST: /APPROVED AS TO FORM:
City erk -_ 1 i City ttorney
%)6/
REVIE E D APPROVED: INITIATED AND APPROVED:
Ci; a r Director of Planning and Building
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13-3994/102646
Ord. No. 4019
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 March 3,2014, and was again read to said City Council at a
regular meeting thereof held on March 17, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio
NOES: Harper
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 27,2014.
In accordance with the City Charter of said City 0
Joan L. Flynn, City Clerk City Perk and ex-officio Cleik
Senior De u City Clerk of the City Council of the City
of Huntington Beach, California