HomeMy WebLinkAboutSR Senior Residential Mobilehome Park Overlay - Zoning Map A 8. Approve Zoning Text Amendment No. 13-002 and Approve for Introduction
Ordinance No. 4019 (SR Senior Residential Mobilehome Park Overlay)
Planning Commission and Staff Recommended Action:
Approve Zoning Text Amendment No. 13-002, with findings for approval
(Attachment No. 1) and approve for introduction 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." (Attachment No. 2).
Approved 6-1 (Harper-No)
9. Approve Zoning Map Amendment (ZMA) No. 13-002 and Approve for
Introduction Ordinance Nos. 4020 and 4021 (SR Senior Residential
Mobilehome Park Overlay)
Planning Commission and Staff Recommended Action
A) Approve Zoning Map Amendment No. 13-002, with findings for approval
(Attachment No. 1) and approve for introduction Ordinance No. 4020, "An
Ordinance of the City of Huntington Beach, California Amending District Map
23Z of the City of Huntington Beach Zoning and Subdivision Ordinance to Add
the SR Senior Residential Overlay to Real Property located at 16222 Monterey
Lane (East Side of Saybrook South of Edinger). Zoning Map Amendment No.
13-002." (Attachment No. 2).
B) Approve for introduction Ordinance No. 4021, "An Ordinance of the City of
Huntington Beach, California Amending District Map 23Z of the City of
Huntington Beach Zoning and Subdivision Ordinance to Add the SR Senior
Residential Overlay to Real Property Located at 16400 Saybrook (Northeast
Corner of Saybrook and Heil). Zoning Map Amendment No. 13-002."
(Attachment No. 3), Amended to: Instruct the Planning Staff, the City
Attorney Jennifer McGrath and the City Manager Fred Wilson to make
sure that we will help Huntington Harbor in any way; we will supply them
with whatever documents they need to make sure that this is not a legal
change that's going to affect their mortgages and give them as much help
as you can.
Approved 6-1 (Harper-No)
ORDINANCES FOR INTRODUCTION
10. Approve for Introduction Ordinance No. 4009 thereby adding sections
2.07.155, 2.07.165 and 2.07.175 to the Huntington Beach Municipal Code to
require electronic filing of campaign statements and reports, approving
electronic signatures, and ensuring filing procedures are in accordance
with Government Code Section 84615
-7-
City Council/PFA Agenda—Monday, March 03, 2014
Dept.ID PL 14-005 Page 1 of 5
Meeting Date:3/3/2014
4"&J,90 r�AjA.0 A"rOA.)
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 3/3/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve Zoning Map Amendment (ZMA) No. 13-002 and Approve for
Introduction Ordinance Nos. 4020 and 4021 (SR Senior Residential Mobilehome
Park Overlay)
Statement of Issue:
Transmitted for your consideration is Zoning Map Amendment No. 13-002, a City-initiated request
to amend the Huntington Beach Zoning Map to add Senior Residential Overlay (-SR) to two existing
Senior Mobilehome Parks. The Planning Commission and staff are recommending the City Council
approve the request.
Financial Impact:
Not Applicable
PLANNING COMMISSION AND STAFF RECOMMENDED ACTION:
A) Approve Zoning Map Amendment No. 13-002, with findings for approval (Attachment No. 1) and
approve for introduction Ordinance No. 4020, "An Ordinance of the City of Huntington Beach,
California Amending District Map 23Z of the City of Huntington Beach Zoning and Subdivision
Ordinance to Add the SR Senior Residential Overlay to Real Property located at 16222
Monterey Lane (East Side of Saybrook South of Edinger). Zoning Map Amendment No. 13-
002." (Attachment No. 2).
B) Approve for introduction Ordinance No. 4021, "An Ordinance of the City, of Huntington Beach,
California Amending District Map 23Z of the City of Huntington Beach Zoning and Subdivision
Ordinance to Add the SR Senior Residential Overlay to Real Property Located at 16400
Saybrook (Northeast Corner of Saybrook and Heil). Zoning Map Amendment No. 13-002."
(Attachment No. 3).
Alternative Action(s):
The City Council may make the following motions`
1. Deny Zoning Map Amendment No. 13-002, with findings for denial.
2. Continue Zoning Map Amendment No. 13-002, and direct staff accordingly.
HB -535- Item 9. - I
Dept. ID PL 14-005 Page 2 of 5
Meeting Date:3/3/2014
Analysis:
A. Project Proposal:
Applicant: City of Huntington Beach
Property Owners: The ordinance affects two properties. A list of property owners is provided in
Attachment No. 4.
Location: The location of the two senior mobilehome parks is listed below.
Zoning Map Amendment No. 13-002 is a City-initiated request to establish the Senior Residential
(SR) Overlay designation on two existing (as of August 5, 2013) senior mobilehome parks in the
City pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 247.
The Senior Mobilehome parks included in this Zoning Map Amendment are listed below and shown
on the vicinity map as sites 1 and 3.- Although none of the senior mobilehome parks are located
within the Coastal Zone, the zoning district map which includes Rancho Del Rey and Huntington
Harbor senior mobilehome parks includes other properties within the Coastal Zone boundary.
Therefore, if approved, the City must forward Zoning Map Amendment No. 13-002 to the Coastal
Commission as a minor amendment to the City's certified Local Coastal Program. Additional
information for each site is provided in Attachment No. 5. Sites 2 and 4-10 are included in Zoning
Map Amendment No. 13-001. The standards for the —SR designated mobilehome parks are in a
companion report for Zoning Text Amendment No. 13-002.
LOCATION OF SENIOR MOBILEHOME PARKS
PARK �SPARK NAME ��� ADDRESS/ZIP CODE OUIIABER "
VIVO: ` ,
q
1. Rancho Del Rey Mobilehome Park 16222 Monterey Lane, 92647 403
2.* Skandia Mobilehome Park 16444 Bolsa Chica Street, 167
92649
3. Huntington Harbor Mobilehome Park 16400 Saybrook Lane, 92649 106
4.* Sea Breeze Mobilehome Park 5200 Heil Avenue, 92649 65
5.* Beachview Mobilehome Park 17261 Gothard Street, 92647 82
6.* Los Amigos Mobilehome Park 18601 Newland Street, 92646 145
7.* Brookfield Manor 9850 Garfield Avenue, 92646 139
8.* Del Mar Mobilehomes 19251 Brookhurst Street, 92646 142
9.* Mariners Pointe 19350 Ward Street, 92646 98
10.* Rancho Huntington Mobilehome Park 19361 Brookhurst Street, 92646 194
Total 1,541
*Processed under ZMA No.13-001
The City Council directed staff to prepare a draft Senior Mobilehome Park Overlay ordinance in
order to retain existing senior mobilehome parks in response to the concerns expressed by park
residents. Proposed Zoning Map Amendment No. 13-002 and companion report ZMA No. 13-001
add the proposed senior overlay designation.
Item 9. - 2 HB -536-
Dept. ID PL 14-005 Page 3 of 5
Meeting Date:3/3/2014
B. BACKGROUND:
On July 15, 2013, City Council directed staff to prepare a draft interim ordinance to commence the
process of retaining 10 existing senior mobilehome parks citywide. On August 5, 2013, the City
Council adopted Ordinance No. 3986, an Interim Ordinance establishing a moratorium on the
conversion of senior mobilehome parks due to the lack of senior housing options in and around the
City of Huntington Beach. On September 16, 2013, the City Council adopted Ordinance No. 3990,
an Interim Urgency Ordinance extending the moratorium on the conversion of senior mobilehome
parks (established by Ordinance No. 3986 on August 5, 2013) for an additional 10 months and 15
days. The moratorium was extended to allow the City time to create a regulatory framework (i.e.
the—SR Overlay district) to address the City's senior housing issues and is set to expire on April 30,
2014. These background materials are provided in the City Council staff report for the Zoning Text
Amendment No. 13-002.
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on the draft -SR Senior Residential Mobilehome
Park Overlay on January 28, 2014. There were a total of 20 speakers. Two additional speakers
donated their time to allow for a power point presentation in support of the -SR designation. Eleven
speakers were in favor of the overlay, while nine people spoke in opposition. The majority of those
in opposition to the overlay live in Huntington Harbor Mobilehome Park (16400 Saybrook Street).
They stated that they own interest in their park, as they have purchased their mobilehomes through
a condominium map process (in-2011). The Huntington Harbor representative further stated that
the covenants, conditions and restrictions (CC&R's) require an over 66 percent vote of the
homeowners to convert the existing senior park to a non-age restricted park. Therefore, residents
of Huntington Harbor Moblehome Park believe that the overlay is not necessary. A representative
for the park suggested that the ordinance exclude resident owned parks or add a no-fee provision
to the ordinance to allow for the removal of a park from the overlay. Additionally, it was suggested
that the senior overlay could potentially have an adverse impact on future financing of the
mobilehomes. Legal council for Huntington Harbor Mobilehome Park also stated that the draft
ordinance does not differentiate between rental and resident-owned mobilehome parks.
Of those speakers in opposition, one from the Western Manufacturing Housing Communities
Association and one from Manufactured Housing Education Trust, who represent mobilehome park
owners stated that the overlay is not necessary and would burden the various park owners as they
have every intention to retain their parks as senior parks with the exception of Rancho Huntington
Mobilehome Park (19361 Brookhurst Street).
Prior to the public hearing the City received one letter in support and four letters in opposition,
which included attached letters of opposition from the various mobilehome park owners. Also,
several letters of opposition were received as a late communication at the public hearing meeting
(Attached to companion ZTA No. 13-002). The Planning Commission discussed the possibility of
removing this park from consideration of the overlay and voted on the option. However, the motion
failed. Of those Planning Commissioner's that voted no, they stated that removing the park from
the overlay district was not consistent with City Council direction.
Planninq Commission Action on January 28, 2014:
The motion made by Kalmick, seconded by Bixby to exclude Huntington Harbor Mobilehome Park
from Zoning Map Amendment No. 13-002 with findings of approval by the following vote:
xB -537- Item 9. - 3
Dept. ID PL 14-005 Page 4 of 5
Meeting Date:3/3/2014
AYES: Kalmick, Bixby, Pinchiff
NOES: Peterson, Franklin, Dingwall
ABSENT; Posey
ABSTAIN: None
MOTION FAILED
The motion made by Franklin, seconded by Pinchiff to approve Zoning Map Amendment No. 13-
002 with findings of approval by the following vote:
AYES: Franklin, Pinchiff, Bixby, Kalmick
NOES: Peterson, Dingwall
ABSENT: Posey
ABSTAIN: None
MOTION PASSED
D. STAFF ANALYSIS AND RECOMMENDATION
Zoning Map Amendment No. 13-002 would amend the Huntington Beach Zoning Maps to add the
Senior Residential (-SR) Overlay zoning district designation to two mobilehome parks. These are
existing senior mobilehome parks that would be restricted to those residents 55 years of age and
older. The senior overlay ensures the retention of the existing senior parks, which maintains the
senior quality of life at these age restricted parks. Additionally, the ordinance requires that 80% of
the spaces in the-SR Overlay be occupied by at least one person 55 years of age or older.
The eight remaining family parks in the City will not be affected by the proposed -SR Overlay
district. However, they could apply to have the -SR Overlay designation in the future. In addition, a
senior mobilehome park with the -SR Overlay designation could apply to remove the overlay
designation pursuant to applicable city code requirements.
The project is consistent with the Land Use and Housing Elements of the General Plan because it
retains existing senior housing and maintains the same land use currently in effect. Zoning Map
Amendment No. 13-002 is compatible with the uses and the standards for the zoning district. This
amendment does not change the base district zoning, and is consistent with the new zoning
provisions for the-SR designated properties.
Staff recommends approval of ZMA No. 13-002 based on the following:
- Consistent with City Council direction and City Attorney's Office recommendations;
- Conforms to the General Plan Land Use and Housing Elements to provide and retain
housing senior housing options;
- Compatible with the existing zoning and standards for mobilehome parks; and
- Will not have any adverse environmental impacts as analyzed under Negative
Declaration No. 13-001.
Environmental Status:
On November 5, 2013, the Environmental Assessment Committee approved the processing of a
Negative Declaration for the proposed project. The 30-day public review and comment period
started on November 14, 2013, and ended on Monday, December 16, 2013. A total of three
comment letters were received. On January 28, 2014, the Planning Commission approved
Negative Declaration No. 13-001.
Item 9. - 4 xs -53)8-
Dept. ID PL 14-005 Page 5 of 5
Meeting Date:3/3/2014
Strategic Plan Goal:
Enhance quality of life
Attachment(s):
1. Suggested Findings for Approval
2. Draft City Council Ordinance No. 4020 (Rancho Del Mar-16222 Monterey Lane)
3. Draft City Council Ordinance No. 4021 (Huntington Harbor— 16400 Saybrook Lane)
4. List of Property Owners
5. Planning Commission Staff Report dated January 28, 2014
6. Power Point (Attached to Zoning Text Amendment No. 13-002 staff report)
7. Additional Communication received after Planning Commission Staff Report was prepared
SH:MBB:RM:kdc
xB -539- Item 9. - 5
AT T- AC 1
ATTACHMENT NO. I
SUGGESTED FINDINGS OF APPROVAL
ZONING MAP AMENDMENT NO. 13-002
SUGGESTED FINDINGS OF APPROVAL—ZONING NLAY kNIENDMENT NO. 13-002
1. Zoning Map Amendment No. 13-002 to amend. the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to add the SR Senior Residential Overlay District
designation to two existing senior mobilebome parks is consistent with the objectives,
policies, general land uses and programs specified in the General Plan and any applicable
specific plan. The goals and policies of the General Plan Housing Element state that the City
will promote, retain, and provide affordable housing. This overlay will identify senior
housing.
2. In the case of a general land use provision, Zoning Map Amendment No. 13-002 is
compatible NNitb the uses authorized in, and the standards prescribed for, the zoning district
for -%vhich it is proposed. This amendment does not change the base district or zoning land
use designation. It is consistent with the new zoning provisions for —SR designated
properties.
3. A community need is demonstrated for the proposed amendment as the amendment will
ensure that the city retains a variety of senior housing options. The new overlay will pern-lit
the senior parks to continue and does not displace residents but allows for the transition of
those residents that would not be in compliance with the age restriction or percentage of
seniors criteria pursuant to Chapter 228.
4. Its adoption will be in conformity with public convenience, general-%velfare and good zoning
practice. The proposed amendment will add-SR to the existing RMP zoning designation.
The SR designation will signify that the park is age restricted to seniors, -,7,,,hicb is consistent
with the proposed zoning standards and General Plan goals for accommodating a variety of
housing to benefit the senior population of the community.
Item 9. - 6 I-1B -540-
ATTACHMENT #2
ORDINANCE NO. 4020
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA AMENDING DISTRICT MAP 23Z OF THE CITY OF
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TO ADD THE SR SENIOR RESIDENTIAL OVERLAY TO REAL
PROPERTY LOCATED AT 16222 MONTEREY LANE
(EAST SIDE OF SAYBROOK SOUTH OF EDINGER)
ZONING MAP AMENDMENT NO. 13-002
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
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 Map Amendment No. 13-002, wherein, 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 the real property located at the southeast corner of Saybrook Ln. and
Edinger Ave., and more particularly described in the legal description and sketch collectively
attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is
hereby changed from RMP (Manufactured Home Park) to RMP-SR (Manufactured Home Park-
Senior Residential Overlay).
SECTION 2. That the Director of Planning and Building is hereby directed to amend
Sectional District Map 23Z of the Huntington Beach Zoning and Subdivision Ordinance to
reflect the changes contained in this ordinance. The Director of Planning and Building is further
directed to file the amended map. A copy of such map, as amended, shall be available for
inspection in the Office of the City Clerk.
13-3994/102579 1
Ordinance No. 4020
SECTION 3. This ordinance shall take effect thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on March 17 , 2014.
i
Mayor
ATTEST: APPROVED AS TO FORM:
s
Cit Jerk ity At orney LA
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REVIEWEP AND APPROVED: INITIATED AND APPROVED:
City age Dire for 0vf Planning and Building
ATTACHMENTS
Exhibit"A": Location Map and Legal Description
13-3994/102579 2
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Ordinance No. 4020
Legal Description of Property
16222 Monterey Lane, Huntington Beach, CA 92649-6214
APN: 178-011-16
Parcel 2 as per Parcel Map recorded in Book 108, Pages 47 and 48, in the City of Huntington
Beach, County of Orange, State of California, inclusive, Official Records of Orange, California
Ord. No. 4020
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
Joan L. Flynn, City Clerk City Werk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4021
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA AMENDING DISTRICT MAP 23Z OF THE CITY OF
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TO ADD THE SR SENIOR RESIDENTIAL OVERLAY TO REAL
PROPERTY LOCATED AT 16400 SAYBROOK (NORTHEAST
CORNER OF SAYBROOK AND HEIL)
ZONING MAP AMENDMENT NO. 13-002
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 pen-nits
exclusive residence by those individuals age fifty-five (55) years and older; and
The conversion of existing senior mobilehome parks may unduly burden and irreparably
hann senior citizens within the community; and
Pursuant to California State Planning and Zoning Law, the Huntington Beach Planning
Conunission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Map Amendment No. 13-002, wherein, after due consideration of
the findings and recommendations of the Planning Commission and all other evidence presented,
the City Council has detennined 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 the real property located at the northeast corner of Saybrook Ln. and
Heil Ave., and more particularly described in the legal description and sketch collectively
attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein, is
hereby changed from RMP (Manufactured Home Park) to RMP-SR (Manufactured Home Park-
Senior Residential Overlay).
SECTION 2. That the Director of Planning and Building is hereby directed to amend
Sectional District Map 23Z of the Huntington Beach Zoning and Subdivision Ordinance to
reflect the changes contained in this ordinance. The Director of Planning and Building is further
directed to file the amended map. A copy of such map, as amended, shall be available for
inspection in the Office of the City Clerk.
13-3994/102580 1
Ordinance No. 4021
SECTION 3. This ordinance shall take effect thirty (30) days after 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: AP�POVED AS TO FORM:
Ci Clerk +Cty Atto ney p�
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
/o&— �A97zfd,
Ci er Direc or o Tanning and Building
ATTACHMENTS
Exhibit"A": Location Map and Legal Description
13-3994/102580 2
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Ordinance No. 4021
LEGAL DESCRIPTION OF PROPERTY
Parcel A:An undivided 1J130th interest in and to Parcel 1,as shown and defined in Certificate of Compliance
No. 11-020, recorded on October 26,2011,as Document No. 2011000537042 of Official Records of Orange
County together with all improvements thereon.
Except therefrom Residential Units RU-1 through RU-130,inclusive,as shown and defined upon the Condominium
Plan, recorded on January 17,2012 as Document No. 2012000025065 of Official Records.
Except therefrom an undivided 25%interest,in and all of the oil gas and other hydrocarbons substances and
minerals in and under and that may be produced from said land as granted to Norman Macbeth and Jacqueline
Smith Phelps by Deed recorded September 15, 1915 in Book 3205, Page 361 of Official Records.
Parcel 8: Residential Unit 50,as shown and defined on the Condominium Plan.
Parcel C:An exclusive easement appurtenant to each unit for the use and occupancy of those portions of the
exclusive use areas depicted in the Condominium Plan and provided for in the Declaration of Establishment of
Covenants, Conditions and Restrictions, recorded on January 17, 2012,as Document No.2012000025066 of
Official Records,
Mail Tax Statements To: SAME AS ABOVE or Address_Shown Below
Ord. No. 4021
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
Joan L. Flynn, City Clerk City rk and ex-officio rk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT 3
i
SENIOR MOBILEHOME PARK PROPERTY OWNERS LIST
1. Stephen B. Fabeck, Beach View Mobile Home Park, 80 South Lake#719, Pasadena, CA 91101
2. Joanna Bruce, Mariners Point Mobile Home Park, 1837 Pine St., Huntington Beach, CA 92648
3. Sea Breeze Mobile Estates LLC, Sea Breeze Mobile Estates, 5200 Heil Ave., Huntington Beach, CA
92647
4, Brookfield Manor Inc., Brookfield Manor Mobile Home Park, 9850 Garfield Ave., Huntington Beach, CA
92646
5. Rancho Del Mar Mobile Home Estates, Inc., Del Mar Mobile Home Estates, 921 Emerald Bay, Laguna
Beach, CA 92651-1260
6, Houser Brothers Company, LP, Rancho Del Rey Mobile Home Park, 17610 Beach Blvd., #32, Huntington
Beach, CA 92647
7. Sierra Corporate Management Inc., Rancho Huntington Mobile Home Park, 320 N. Park Vista St.,
Anaheim, CA., 92806
8, Hubbell Family LLC, Skandia Mobile Home Park, 1161 Bryant Rd., Long Beach, CA 90805
9. Kato &Associates LLC, Los Amigos Mobile Home Park, 18182 Bushard St., Fountain Valley, CA 92708
10. Huntington Mobile Home inv., LLC, Huntington Harbour Village17300 Red Hill Ave., Suite 280, Irvine, CA
92614
HB -549- Item 9. - 15
ATTACHMENT #5
City of Huntington each Planning and Building Department
IVE.,J STAFF REPORT
TO: Planning Commission
FROM: Scott Hess, AICP, Director of Planning and Building
BY: Rosemary Medel, Associate Planner
DATE: January 28, 2014 01
SUBJECT: NEGATIVE DECLARATION NO. 13-001 /ZONING TEXT'AIAENDNIENT NO.
13-002 (SENIOR RESIDENTIAL MOBILEHOME PARK OVERLAY)
APPLICANT: City of Huntington Beach
PROPERTY
OWNERS: The ordinance applies city vide. Negative Declaration No. 13)-00 1 includes an analysis
of applying the overlay to 10 existing mobilehome parks that are currently occupied
primarily by persons 55 years of age or older. A list of these property owners is
provided in Attachment---,\T,o. 7.
LOCATION: The ordinance applies citywide. The location of the 10 existing mobilehome parks is
provided on page 2.
STATEMENT OF ISSUE:
• Negative Declaration No. 13-001. request:
- Analyzes the potential environmental impacts associated with the, adoption. of the SR Senior
Residential Overlay District for mobilehome parks and the designation of 10 mobilehome parks
as SR Parks.
• Zoning Text Amendment(ZTA)No, 13-002 request:
- To amend the Zoning and Subdivision Ordinance to create Chapter 228 SR Senior Residential
Overlay District.
• Staffs Recommendation:
Approve Negative Declaration No. 13-001 based on the folloAdng:
- It was prepared in accordance with the California Environmental Quality Act; and
- It adequately analyzes the potential environmental impacts associated vith the project.
Approve Zoning Text Amendment No. 13-002 and fonvard to the City, Council for adoption for
the following reasons:
- Consistent with City Council direction and City Attorney,*s Office recommendations;
- Conforms to the General Plan Land Use and Housing Elements to provide and retain senior
housing options; and
- Compatible with the existing base zoning and standards for mobilehome parks.
RECOMMENDATION:
Motion to:
A. "Approve Negative Declaration No. 13-001 with findings for approval (Attachment No. 1)."
B. "Approve Zoning Text Amendment No. 1 3)-0 02 with findings (Attachment No. 1) and forward.
Draft Ordinance (Attachment No. 2) to the City Council for adoption."
Item 9. - 16 HB -550- #B-1a
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I LINTY MAP
NEGATIVE DECLARATION NO. 13-001i
ZONING TEXT AMENDMENT 13-002 �
SENIOR. PARKS (1- a)
PC Staff Report—01/28/2014 xB -s 5 1- {14sr02 s Item 9. - 17
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. "Deny Negative Declaration No. 13-001 and Zoning Text Amendment No. 13-002 with findings
for denial."
B. "Continue Negative Declaration No. 13-001 and Zoning Text Amendment No. 13-002 and direct
staff accordingly."
PROJECT PROPOSAL:
Negative Declaration No. 1.3-001 analyzes the potential environmental impacts associated with the
adoption of the SR Senior Residential Overlay District for Mobilehome Parks and Zoning Map
-Amendment Nos. 13-001 and 13-002, which are analyzed in separate reports (Attachment No. 3).
Zoning Text Amendment No. 1.3-002 is a City initiated proposal to amend the Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) to establish a Senior Residential (-SR) Overlay zoning district for
mobilehome parks pursuant to Section 247 of the, HBZSO (Attachment No. 2). The purpose of the-SR
Overlay district is to establish criteria that will protect those mobilehome parks primarily occupied by
seniors 55 years of age and older from conversion to family (non age-restricted) parks in an effort to
preserve housing options for seniors. The proposed-SR Overlay may overlay any property that allows
mobilehome park uses.
The City Council directed staff to prepare a draft Senior Mobilehome Park Overlay ordinance in order to
retain existing senior mobilehome parks in response to the concerns expressed by park residents.
Bac�-,-round.
On July 15, 2013, City Council.directed staff to prepare a draft interim ordinance to commence the
process of retaining 10 existing senior mobilehome parks city'Adde.
C>
On.August 5, 2013, the City Council adopted Ordinance No. 3986, an Interim Ordinance establishing a
moratorium on the conversion of senior mobilehome parks due to the lack- of senior housing options in
and around the City of Huntington Beach. At that meeting residents asked the City Council to consider
the financial impacts that a family park conversion. would have on seniors Mth fixed incomes. One
person spoke in opposition to the proposal and submitted a copy of the Final Notice of New Rules and
Regulations including a Notice of Amendment to Rental Agreement and letter dated July 16, 21013
distributed to.residents of Rancho Huntington Mobilehome Park- (included in-Attachment No. 5).
On September 16, 2013, the City Council adopted Ordinance No. 3990, an Interim Urgency Ordinance
extending the moratorium on the conversion of senior mobilehome parks (established by Ordinance No.
3986 on August 5, 2013) for an additional 10 months and 15 days. The moratorium, -,,,,as extended to
allow the City time to create a regulatory frarnev,,ork (i.e. the proposed-SR Overlay district) to address
the City's senior housing issues and was set to expire on. July 31, 2014, HmNever, the City Council
reduced the processing time to expire on April 30, 2014.
Item 9. - eport
.18' -01/28/2014 HB -552- (14sr02 SR Overlay)
-
The project was discussed with the Mobilehome Advisory Board on December 9, 2013. Staff gave an
overview of the project and responded to citizen inquiries. A total of 43 citizens attended the meeting
along with the members of the Advisory Board and City staff.
Study Session:
The Planning Commission held a study session on January 14, 2014, Staff introduced the proposed
overlay district ordinance and provided background as described. The Planning Commission asked
various questions regarding the, initiation of the proposed ordinance. Additionally, a commissioner
asked for clarification regarding the reference to affordability in the ordinance. Interim Ordinance No.
3 1 n/
3986. which adopted the temporary moratorium on the conversio 'change of the existing senior
mobilehome parks, stated.that mobilehome parks represent one of a few affordable housing options left
to senior citizens. While the ordinance does not propose rent restrictions, the term is used to represent
that mobilehome parks offer a more affordable (i.e. less costly) housing alternative in comparison to
standard housing options within the City. Five members of the public spoke, at the study session; one
person was opposed, citing the potential adverse impacts on the mobilehome park property owners if the
City adopts the ordinance.
ISSUES:
General Plait ConLorm-ance:
The project creates the overlay to designate existing senior mobilehome parks as senior parks in an
t; t1-
effort to retain existing senior housing. The proposed project-would be consistent with the goals,
03
objectives and policies of the City's Land.Use Element and Housing Element of the General Plan as
follows:
A. Land ('se Element
LU 5.1.2.- Establish procedures, requirements, and programs for Huntington's Beach's compliance
with.regional, State, and Federal environmental requirements, including such legislation as, but not
limited to, the Clean Air Act, Clean Water Act, and the Congestion Management Plan.
Objective L U 9.5.- Provide for the development of housing for senior citizens,the physically and
mentally challenged, and very low-low,and moderate income families.
Objective LU 15.6- Facilitate the preservation and development.of Residential Mobil ebome Parks.
B. HousiLgg Ele7nent
Poo i,-j,1-1E5.2: Housing Options for Seniors: Support development and maintenance of affordable
senior rental. and ownership housing and supportive services to facilitate maximum independence
and the ability of seniors to remain in their homes and/or in the community.
Zoning Text Amendment No. 13)-002 would amend the HBZSO to establish a Senior Residential
SR) Overlay for mobilehome parks. The purpose of the—SR Overlay is to establish criteria that will
protect mobilehome parks primarily occupied by persons, 55 years of age and older from conversion
PC Staff Report—0 1/2 8/2 0 14 HB -553- (14sro2 s Item 9. - 19
to family (non age-restricted) parks in an effort. to preserve affordable housing for older persons.
Negative Declaration No. 13-001 analyzes the proposal to be consistent with the General Plan goals
and policies and demonstrates no environmental impacts associated with the proj ect.
Zoning Compliance:
The project proposes a new HBZSO chapter, Chapter 228, SR.Senior Residential Overlay District,
which provides standards for senior mobilehome parks. The base zoning designations of any
mobilehome park so designated will not be altered as a result of this ordinance. No construction or
Z"
alteration is proposed to the existing mobilehome parks.
Urban Design Guidelines Conformance: Not applicable.
Environmental,5tatus:
Staff has reviewed the environmental assessment and determined that no significant impacts are
anticipated as a result of the proposed project. Subsequently, Negative Declaration No. 13-001
(Aftacbment'No. 3) was prepared pursuant to Section 240.04 of the 14BZSO and the provisions of the
California Environmental Quality Act(CEQA). I
The Planning and Building Department advertised draft Negative Declaration No. 13-001 for 30 days
Z" z'commencing on 14, 2013 and ending
Z" g on December 16. 2-013. Three written comments were
received from.residents/mobilehorne owners within.the parks of Los Andgos and Del Mar Mobilebome
Parks. Comments are in support of the pending ordinance and.related map amendments. No
environmental issues were raised.
The Enviromnental Board was notified of the Negative Declaration. As of December 16, 2013, no
response had been received.
Prior to any action on Zoning Text Amendment No. 13-002 and Zoning Map Amendment Nos. 13-
0 0 1/13-001 it is necessary for the Planning Commission to review and act on Negative Declaration No.
13-001. Staff in its initial study of the project, is recommending that the negative declaration be
approved with findings.
Coastal Status:
Altboug,li none of the senior mobilehome parks are located within the Coastal Zone, the zoning di-strict
map for Rancho Del Rey and Huntington Harbor senior mobilehome parks includes the Coastal Zone
boundary mid are being processed under Zoning Map Amendment No. 13-002. If ultimately approved
by the City Council, the City will forward Zoning Map Amendment No. 13-002 to the Coastal
Commission at the end of the year bundled with any other amendments as a minor amendment to the
Citv's certified Local Coastal Pro-ram.
Redevelfflment Status: Not applicable.
Des4zn Review Board. Not applicable.
Item 9. - 20,,p,,,t-oIf282014 HB -554- (14srO2 SR Overlay)
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: The City Attorney's Office prepared the ordinance to
create. Chapter 228 -SR Senior Residential Overlay District There were no comments from other Cite
Departments.
Public Notification.
Legal notice vv-as published in the Huntington Beach/Fountain Valley Independent on January 16, 2014.
Notices were sent to all property owners and tenants within the existing senior inobilehomes as well as
interested agencies/organizations, including the property owners of all existing niobilehome parks. As
of January 21, 201.4, no other communications regarding Negative Declaration No. 13-001 and ZTA No.
13-002 have been received.
application Processing Dates: This is a City Council directed prqjject and mandatory processing dates
are not applicable.
ANALYSIS:
Proposed Ordinance
In February 2013, the United States Court of Appeals, Ninth Circuit, determined that a city may
establish protections for senior mobilehome parks under both federal and state la-,,v. The case established
the ability for a city to adopt a Senior Mobilehome Park Overlay District to restrict a senior mobilehome
park from becoming a family park. The City Attorney's Office drafted the proposed. ordinance similar
to the City of Yucaipa's senior overlay ordinance, which was the subject of the recent Ninth Circuit
Court of Appeals action. The court issued a ruling in -,,vliich it was determined that the City was not
preempted from creating an overlay district-that restricted the age of certain mobilehome residents to 55
and above. Additionally, it was determined that Yucaipa did not discriminate in housing on the basis of
familial status.
The proposed design and performance standards require each sernor mobilehome park to have
procedures in place for qualifying the parks as a senior mobilehome park pursuant to applicable federal
and State laws. The proposed regulations require that at least 80 percent of the spaces in a— SR Overlay
designated mobilehome park be occupied by at least one person 55 years of age or older or where one
hundred(100)percent of the spaces are occupied or intended for occupancy by person sixty-two (622)
years of age or older. The signage, advertising,park rules, regulations, rental agreements and leases for
spaces in a senior mobilehome park with the—SR Overlay designation are required to state that the
mobilehome park is a senior mobilehome park. A senior mobilehome park must also maintain age
verification documentation, which must be readily available for City inspection upon reasonable notice.
The provisions of the—SR Overlay district do not require any construction or reconfiguration of existing
mobilehome parks. No operational changes to a senior mobilehome park would be required other than
those described above. In addition,the proposed—SR Overlay district would not change the allowable
uses of the base zoning district. The ordinance also provides for the transition of residents or spaces that
do not meet the required age restrictions.
PC Staff Report—0 VM20114 1113 -555- (14sr02 sj Item .9. - 21
Con7palibility,
Seniors residents have attended both the Mobilehome Advisory Board meeting held on December 9,
2013 and the Plaiming Commission Study Session held on January 1.4, 2014. At both meetings. seniors
raised significant concerns related to their quality of life should their parks be converted to family parks.
They discussed differences in noise and traffic between senior and family parks. Residents have stated
that a senior park is quieter and has slower traffic, Which results ihl greater compatibility for seniors'
lifestyle. The proposed ordinance fosters compatibility since the land use and operation of existinc,
senior mobilehome parks remain the same.
Retention QfSenior Housing
At the meetings referenced above, residents stated that mobilehomes provide a more affordable housing
option for seniors wanting to live in detached housing. Concerned with increased rents if a park
conversion took place, some residents have described the inability of their mobilehomes to be relocated
else�Tberel, as they are not motorized and in some cases are quite large. Many oNNm their mobilehome
and only rent a.space, and relocation of the mobilehome-,voLdd also be cost prohibitive. Typically
I
seniors are on fixed incomes and have used their retirement funds or proceeds from previous home sales
to purchase their mobilehome.
There are a total of 18 mobilehome parks that provide 2,949 mobilehome spaces located xNithiri the City
of Huntington I
Beach. The overlay district would enable 1,543 spaces (52%) to be designated as existing
senior mobilehome parks.
Per the 2010 Census, senior households (defined by the Census as those 65 and older) comprise 223
percent of the City's households, and between 2000 and 2010 the senior population increased from 10 to
1.4 percent of the total City population. The goals and policies of the General Plan. Housing Element
encourage the retention of senior housing to address this demographic trend. The proposed ordinance is
in keeping with the Housing Element and addresses a con-miLmity need.
Staff believes the adoption of the SR Senior Residential Overlay ordinance is consistent with City
Council direction to draft an ordinance that will retain the existing senior mobilehome parks in
compliance -,vith federal and state, law. The SR designation Nvould be placed on existing senior
mobilehome par]%-.s only. The amendment accomplishes the desire to retain senior housing found
city,Aride and is recommended for approval based on the following reasons:
- Consistent with City Council direction and City Attorney's Office recomiriendations;
- Conforms to the General Plan Land Use and Housing Elements to provide and retain senior
housing options: and
- Compatible with the existing base zoning and standards for mobilehome parks.
Item 9. - 22-eport—0 1/2&'2014 HB -556- (14sr02 SR Overlay)
ATTAC IENTS:
bb b;
2. Draft City Council Ordinance No. for Zoning Text.Amendment No. 13-002
n
4. City Council Communication dated July 8, 2013
5. Cite Council Notice of Action letter dated.August 5, 2013, Interim Ordinance Establishing a.
Moratorium.on Conversion of Senior Mobile Home Parks and supplemental information
6. City Council Notice of Action letter dated September 16, 2013
"2:TT' Yte.`-ff k-resf k 44�4�
SII:MBB:rnl
PC Staff Report—01/28/2014 HB -557- (14srO2 s:Item 9. - 23
ORD IN`A.hTCE NO,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTLNGTON
BEACH ADOPTING ZONING TEXT AMENDMENT NO. 1.3-002 AND AMENDING
THE HUNTING TON BEACH ZOhING A_?\FD SUBDIVISION CODE BY ADDIL~iG
NEW CHAPTER 228 THERETO ENTITLED"SR SENMOR 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 often(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,N hich
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 L 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.
Item 9. - 24 HB -558- 3,_
SECTION3. That the Huntington Beach Zoning and Subdivision Code 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 tea (10) senior residential
0
mobilehome parks that existed in the City of Huntington Beach as of the approval on
August 5, 2013 of the City's moratoriums 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 fit-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.
2
13-3-3994/102646 ENT NO. 'n
FIB -559- Al IN,,MV! -'Item 9. - 25
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-,vho 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 vdio 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 or Change of Use
A zoning map amendment to remove the SR overlay designation or approve a change of
use shall be subject to the provisions of Chapter 234 and 247.
3
Item 9. - 263-3994/102646 HB -560-
1KI-i
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 20—
Mayor
ATTEST: ,- 1- PROVED AS TO FORM:
City Clerk ;�"Cit 7 ttomey � �)6
REVIEWED AND APPROVED: INITIATED AND APPROVED: +
City Manager Director of Planning and Building
4 1iR
I3-31 HB -561-
94/I02646 ` z Item 9. - 27
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From Jim Katapodis, City Council Member
Date. July 8, 2013
Subject: CITY COUNCIL MEMBER ITEM FOR THE.ICILY 15, 201 , CITY
COUNCIL MEETING— RESTRICTING SENIOR MOBILE HOME
PARKS FROM BECOMING FAMILY PARRS i
STATEMENT OF ISSUE: �
s
i
In February 2013, the United States Court of Appeals, Ninth Circuit, determined that a !
city may establish protections for senior mobile home parks under both federal and
state law. Specifically, the case establishes the ability for a city to adopt a Senior
Mobile Home Park Overlay District to restrict the ability of a senior mobile home park
from becoming a family park.
RECOMMENDED ACTION:
1
Direct the Planning and Building Director and City Attorney to draft the Senior Mobile j
Home Park Overlay District for consideration by the Planning Commission and the City
Council,
xc: Fred Wilson, City Manager
Bob Hall, Deputy City Manager
Joan Flynn, City Clerk
Scott Hess, Director of Planning and Building
Jennifer McGrath, City Attorney
I
Item 9. - 28 HB -562-
f
Council;PFA Regular Minutes
Successor Agency Special Minutes
July 15,2013
Pa B 117 of 23
members, one from each elementary, high school, and community college district wing
facilities Within the City, Ordinance No. 3983, 'An Ordinance of the CjtY__PfHPnti on,,Beach
Amending Chapter 2.64 of the HdntFnj+1_o_n_Beach Municipal Code Relating t eCommunity
Services Commission.'
The motion carded with the following roll call vote:
AYES:. Sullivan, Harper, Boardman, Carchio, Shaw, apodis
NOES: None
ABSENT-. Hardy
COUNCILMEMBER ITEMS
20. Submitted by Mayor Pro Tern Han er and Councilmember Hardy - Review of
Huntington Beach Municipal Code, C pter 9 and Recommendations
the Police Chief and the Huntington Beach,
Mayor Pro Tern Harper acknowl d and thanked ,
Police Department for further id ying some of the other areas within Chapter 9 that needed
updating.
A motion was made by' ayor Pro Tern Harper, second by Councilmember Carchio to as a
result of the review d in an effort to update Chapter 9 of the Huntington Beach Mu'nicipal
Code, direct the ' yAttorney o prepare an ordinance to repeal the following sections that are
outdated and , longer necessary:
C 9.24,090- Card Games
BMC 9.44,015 - Regulation of Alcohol Consumption on or about Independence Day
HBMC 9:84.070 (c) (i), (ii), (T) and (iv)Alcohol Use Permit Requirements
he motion carried with the following roll call vote:
AYES: Sullivan, Harper, Boardman, Carchio, Katapodis
NOES: None
ABSENT: Hardy, Shaw(Out of the room)
21. Submitted by Councilmember Katapodis— Directed the City Attorney tca_Draft 7_
Moratorium,Ordinance to Prevent Senior Mobilehome Parks Form Becoming Family
Parks and Establish Senior Mobilehome Park Overlay District for Consideration7
Councilmember Katapodis acknowledged the various public speakers regarding the matter this
evening and encouraged the support and protection of seniors in the community.
in response toMayor Pro Tern Harpers inquiries regarding value of units at mobile,home parks,
City Attorney McGrath reported that they are market-driven. She added that if the park is a
senior park, homeowners would have to sell to seniors and that removal of the unit would be
another option available.
Mayor Pro Tem Harper expressed concerns regarding "over-reach" of government into the daily -
.lives, of citizens and using the City as a tool to dictate to property owners. He felt that the first
AT T A(3 E-IN Item 9. - 29
HB -563-
'
Council/PFA Regular Minutes
Successor Agency Special Minutes
Page 18cf23
pointofcontaotfornesidentBshoV|dbeR7obi/ehomeoarkpropertyoVVners and then the Mobile
Home Advisory Board,
.
CoVn[i\mennberKstaporUa reported that they have approached owners and the owners have
indicated they have no problem )O maintaining the senior park. He added'that this solidifies the
issue with an ordinance that will Support the City'Bsen|ors. '
|n response toan inquiry from Counci|n0enoberShaw, it was noted that mobile home parks are
not counted as part of the senior housing mandatory requirement because the State does not
a|/oVVthe City to use those numbers.
Counci|rnemberGhaw felt that the matter ls timely and commended CoVnci\nlenlberKabepodio
for bringing the matter forward.
Councilmember Carchio felt that the issue is just scratching the surface and does not address
what seniors really need. He listed many issues that should be considered bythe Mobile Home
Advisory�G]omrdfor nscor�r�endationoto Council. He stated the need to protect seniors, but
protect them in the right way, Hefeftthat the matter should be heard by the Mobile Borne
Advisory Board.
Councilmember Sullivan noted that the City is not placing itself in jeopardy because the process
has been followed. He stated that he will support CoWnci/nOember>{atapodis'smotion.
Councilmember Katapodis noted that this is a senior issue rather than a mobile home park
,issue.
Councilmember Shaw felt that there is adequate time for the Mobile Home Advisory Board to
give recommendations for how the ordinance should bewritten.
Councilmember Carchlo suggested incluidIng the Mobile Home Advisory Boardin the motion.
Councii[Oember Shaw responded that this ksan opportunity to give seniors right now.
CouDc\nnemberCardl|o indicated this ia why the Mobile Home Advisory Board was established.
Mayor Pro Tem Harper commented onCounciyo opinions nagardingthe relevancy ofthe Mobile
Home Advisory Board.
Mayor Boardman indicated that she will oppose the Onrdion and that it has nothing to do with
how she feels regarding the relevancy of the Mobile Home Advkeory Board but rather because
of the need to act quickly on-the matter and because this ima senior issue,
Mayor Pro Tem Harper wondered why this issue needs to be acted upon quickly,
Mayor Boardman noted that any Council Member has the righttobring |DernsVpfor
consideration and'that there will be further.opportunity for public input as the City Attorney
brings back ordinances as well as adding consideration bv the Mobile Home Advisory Board,
Motion bv Mayor Pro Tern Harper, second bvCoUnci/rnemberCarch|otorefer the item to the.
� �
���U._~~�~====�
Tfpn, C>, - 30 - }lB _564-
Council/PPA Regular Minutes
Successor Agency Special Minutes
July 15,2013
Page 19 of 23
Mobile Home Advisory Board for further consideration.
_-- e motion-failed with the folldv✓ing roll call vote:
-- —-— - ........_. -._
AYES: Harper, Carchio
NOES: Sullivan, Boardman, Shaw, Katapodis
ABSENT: ' Hardy
Councilmember Carchio indicated that he would support the action if the Mobile Home Advisory
Board is included in the recommended action.
Councilmember Katapodis stated that he did not think there is a need to do so as they will
consider the issue, anyway.
City Attorney McGrath suggested making it part of the motion that all three bodies will have an
opportunity to review the ordinance.
Mayor Pro Tem Harper felt that there is an ideological agenda and reiterated concerns
regarding the heavy hand of government controlling people's daily lives and property. He felt
this sends the wrong message that Council wants to decide as to how private property is used
within the City.
Councilmember Carchio noted that park owners sit on the Mcbile Home Advisory Board and
:hey would have an opportunity to discuss the relevant issues.
Councilmember Shaw stated that Council is sending a message that it listens to the City's
residents. This, along with other matters has been the result of citizens approaching the City for
support and this is how ordinances are generated. The City is trying to protect its residents
instead of letting them'fend for themselves.
Mayor Pro Tem Harper felt that Council is pursuing an agenda that is different from what the
City has projected, historically and that it is a move to the left like more liberal and left-winged
cities that have a history of trampling on private property rights. He felt that over time, the
voters of the City will riot stand for it.
Mayor Boardman commented that Council is following in the footsteps of'radical'° cities like
Hayward and Yucaipa in protecting an investment by senior citizens.; protecting the property
rights of people who live in senior mobile home parks.
In response to Mayor Boardman's inquiry, Planning and Building Director Scott Hess reported
that it will take approximately ten months for the ordinance to return to Council for approval and
addressed the process.
Staff discussed the process and time involved in changing senior parks to family parks,
Regarding establishing a moratorium to stop property owners from converting senior parks to
family parks; City Attorney McGrath indicated that she will have to conduct further research and
draft a moratorium for Council's next meeting.
sI x
xB -565- _.3s tMEN .Item 9. - 31
Council/PFA.Regular Minutes
Successor Agency Special Minutes
July 15,2013
Page 20 of 23
In response to Councilmember Sullivan's inquiry, City Attorney McGrath reported that it will take
approximately three weeks to establish the findings-and present the moratorium, to Council. She-
added that art of the findings would be.the necessity to have it effective today.
P I
In response to Mayor Pro Tem Harpers inquiry regarding Council's action on a moratorium at
this time.since it is not on the agenda, City Attorney McGrath reported that it is not authorized
for action tonight so that direction will be to draft it for the next meeting.
In reply to Councilmember Carchids inquiry regarding removal of the moratorium, City Attorney
McGrath reported that the item would have to be reconsidered after thirty days and will need to
be brought before Council after the process to extend it.
Motion by Councilmember Shaw, second by Councilmember Katapodis,to direct the Planning
and Building Director and City Attorney to draft the Senior Mobile Home Park Overlay District for
consideration by the Planning Commission and the City Council, ensuring the Mobile Home
Advisory Board has an opportunity to review and give input during the process,.
Mayor Boardman offered an amendment to the motion to include direction to the City Attorney
to draft a moratorium to prevent senior mobile park owners from converting them into family
parks during the process of establishing an ordinance for consideration at the next Council
meeting,
Councilmember Shaw and Councilmember Katapodis agreed with the amendment to the
motion.
Mayor Pro Tem Harper asked that the motion be divided.
Mayor Boardman stated her desire to move on both items, together.
The motion carried, as amended with the following roll call vote:
AYES: Sullivan, Boardman, Carchlo, Shaw, Katapodis
NOES: Harper
ABSENT: Hardy
22. Submitted by Councilmember Shaw- Directed the City Attorney to prepare a
Resolution,requiring a minimum number of Electric Vehicle(EV) capable P-af-ldrig spaces'
for new residential, commercial, and industrial developments
Councilmember Shaw referenced a pending Assembly Bi ng EV parking spaces
mandatory in 2017 and commented on input from Sovib-61-h California Edison regarding the
issue. He stated that SCE indicated that Huntirg beach is known as"'First adopters" and
commented on the importance of having c gingstations in the City. The resolution wilt not
require the charging stations to be b -but will require the installation of wiring for future
developments
EV parking
charging stations
to be b
development of charging statio
t
ar �jt t t is 21
Mayor Pro Tem H,ar - elt that this is another proposal to expand the role of government into
�th� t it
is
V- that it is not market-driven, is City-mandated and is the heavy hand of
people's daily liv
I rl o citizen's
a
government i uding into citizen's daily lives and property. He suggested that the City is
NAENT
Item 9. - 32 HB -566- Al I Ak,,s
Dept.ID CA T3-0C&-Page I of 2
Meeting Date:8/512013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION.
MEETING DATE' Auglist 5, 2013
SUBMITTED TO: Honorable May d City Council Members
SUBMITTED-BY: Jennifer McGr ity Attorney
PREPARED BY: Jennifer McGr ity Attorney
SUBJECT: Adopt Ordinance No. 3936, An Interim Ordinance Establishing a
Moratorium on Conversion of Senior Mobile Home Parks
Statement of Issue:
There is a lack of senior housing options in and around the City of Huntington Beach that
will only increase with the aging population of the community. Mobile home parks
represent one of a few affordable housing options left to senior citizens that permit
exclusive residence in a detached dwelling by those individuals over the age of 55 years.
There are 18 mobile home parks in the City of which 10 are operating as senior mobile
home parks. The 10 senior mobile home parks represent approximately 1,539 spaces out
of 2,951 spaces; or 52.15 percent of all of the mobile home spaces in the City. Recently,
the Ninth Circuit Court of Appeals issued a ruling in Putnam Family Partnership v. City of
Yucaipa, ("Putnam") (2012) 673 F.3d 920, in which it determined that City was not
preempted from creating a overlay district that restricted the age of certain mobile home
residents to 55+- fn addition, by creating the overlay district, the City did not discriminate in
housing on the basis of familial status. In light of this recent judicial decision, the City
council directed the City Attorney to mate an interim ordinance and a moratorium to
preserve the existing senior mobile home parks.
Financial impact: N/A
Recommended Action: Adopt Ordinance No-3986, "An-interim Ordinance Of The City
Council Of The City Of Huntington Beach Establishing A Temporary Moratorium On The
Conversion/Change Of Any Mobile Home Park Currently Existing In The City From A Park
Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobile Home Park Allowing Residents Of All Ages And Declaring The
Urgency Thereof, To Take Effect Immediately."
Alternative Action(s): Do Not Adopt Ordinance No 3986, "An Interim Ordinance Of The City
Council Of The City Of Huntington Beach Establishing A Temporary Moratorium On The
Conversion/Change Of Any Mobile Home Park Currently Existing In The City From A Park
Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents)To A Mobile Home Park Allowing Residents Of All Ages And Declaring The
Urgency Thereof, To Take Effect Immediately,"
HB -567- N V Item 9. - 33
Dept.ID CA 13-009-Page 2 ol 2
Meeting Date:315/2013
Analysis:
A temporary land use regulation (often called a"moratorium") is a mechanism by which a
zoning regulation is adopted for a limited period of time without having to go through the
normal process of public hearings. State law requires a current and immediate threat to the
public health, safety and welfare in order to adopt a moratorium. In this case, the City of
Huntington Beach has a finite amount of housing that is designated as senior only housing
and is affordable. One such housing option is mobile homes. After the decision in Putnam,
in an effort to protect the City's limited resource of age restricted mobile home parks, the
City Council directed staff to look.at how this may be accomplished. The announcement
that the City is studying this issue and may develop a zoning ordinance restricting the
change of seniors only mobile home parks has resulted in the owner(s) of mobile home
park(s)-pursuing conversions to all-age mobile home parks prior to any such ordinance
taking effect. In order to preserve the status of mobile home parks operating as senior only
parks, the City will need to adopt as an urgency measure an interim ordinance to preserve
the existing senior only mobile home park.
Environmental Status: N/A
Strategic Plan Goal:
Enhance and maintain public safety.
Attachment(s):
1. Ordinance No 3986,An Interim Ordinance Of The City Council Of The City Of Huntington Beach
Establishing A Temporary Moratorium on The Conversion/Change Of Any Mobile Home Park
Currently Existing In The City From A Park Occupied Primarily Or Exclusively By Residents Over The
Age Of 55 Years(Senior Residents)To A Mobile Home Park Allowing Residents Of All Ages And
Declaring The Urgency Thereof,To Take Effect Immediately
AC�N
Item 9. - 34 HB -568-
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3
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�;. � ��z�TM�.�x L�'Item 9. - 35
HB -569- j-At `tf`�'ti E .
ORDINANCENO. 3986
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ESTABLISHING TEMPORARY MORATORIUM ON THE
C ONTVERSION/CHANGE OF ANY MOBILEHOME, PARK CURRENTLY
EXISTING IN THE CITY FROM A PARK OCCUPIED PRINIARILY
OR EXCUSIVELY BY RESIDENTS O-VER.THE AGE OF
55 YEARS (SENIOR RESIDENTS)TO A I�JOBILEHOME MIRK
ALLOWING RESIDENTS OF ALL AGES AND DECLARING
TIE URGENCY THEREOF,TO TAKE EFFECT IMMEDIATELY
WIIEREAS,the lack of senior housing options in and around the City of Huntington
Beach(the"City") continues to create a serious problem for senior citizens living in the City that
Neill only ilacrease with the aging of the community's population; and
N4obilehome parks represent one of a few affordable housing options left to senior
citizens that permit exclusive residence in a detached dwelling by those individuals over the age
or 55 years; and
As set forth in the Housing Element ofthe City*s General Plan, an important goal for the
City is to preserve the existing senior housing stock which is represented in part by affordable
mobilehome housing; and
Mobilehorne parks represent four percent o-fthe City's housing stock. "Converting"
rnobilehome parks from a"seniors only"to all ages parks would reduce the nurnber of senior
housing units available to those persons 55 years of age and older; and
There are 18 mobilehome parks in the City, 10 of which are operating as senior,
mobilehome parks;and
The 10 senior mobilehome parks represent appro-idmately 1,539 spaces out of 2,951
spaces.. or 52.15 percent of all of the mobilehome spaces in the City, and
Change fTom a'-senior only"to an"all age"mobilehonie park will unduly burden and
irreparably harm senior citizens within the community; and
The City Council of the City has determined that an urgency ordi-nance AS necessary to
protect the public health, safety and welfare of the citizens of the City,
13-3 865/100059,dou
Item 9. - 36 HB -570- VA
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNT11NITIGTON
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Declaration of Urgtaca.
The City Council finds and declares:
1. The City's General Plan Housing Element includes policies and goals for the
protection of senior housing and development and establishes the City's objective to provide
sufficient housing for senior residents.
2. In 2009,the City of Yucaipa, California adopted an Ordinance which amended its
land-use plan by creating a Senior Mobilehome Park Overlay District. The Ordinance prohibits
any of the 22 mobilehome parks in Yucaipa that currently operate as senior housing(defined as a
park in which either 80 percent of the spaces are occupied by or intended for occupancy by at
least one person who is age 55 or older or 100 percent of the spaces are occupied by or intended
for occupancy by people who are. age 62 or older), from converting to all-age housing.
Mobilehorne park owners sued, alleging that the Ordinance violated the Federal Law (Fair
Housing Amendments Act (FHAA) by forcing them to discriminate on the basis of familial
status, and by interfering with their ability to "aid[ ] or encourage[ ]" families with children in
the enjoyment of fair housing ,rights. id § 3617. Plaintiffs also argued that the ordinance was
preempted by the FHAA [Federal Law] because it required plaintiff to take action that the FFIAA
prohibited.
3. In 2012,the Ninth Circuit Court of Appeals issued a ruling in Putnam Family
e
Partnership v. City of Yucall)a, ("Putnam') (2012) 673 R3 d 920, in which it determined that the
ordinance was not preempted and that the overlay district did.not discriminate in housing on the
basis of familial status in violation of FHAA (if the federal senior housing exemption applies
(which it did i n this case)), since the FHAA's ban on familial status discrimination does not apply
to "housing for older persons,"
4. In light of this recent judicial decision, the. City intends to develop new zoning
regulations relating to the preservation of senior mobilehome parks, which zoning regulations
include provisions relating to the location and age restrictions of such parks.
S. Based upon the current state of the law, if a temporary moratorium is not
established, existing senior mobilehome parks in the Cit};,could be eliminated.
6, There is a current and immediate threat to the public health, safety and welfare
arising from the lack of senior housing options for citizens aged 55 and older in and around the
City. The change from a"senior only"mobilehome park to an."all ages"mobilehome park will
reduce the number of housing units available to those persons 55 years of age and older. Further,
the announcement that the City is studying this issue and may develop a zoning ordinance
restricting the change of seniors only mobile-home parks has resulted in the owner(s)of
13-39651100059.doc 2
HB -571-
Item 9. - 37
mobilehome- park(s)pursuing conversions to all age,mobilehome parks prior to any Bach
ordinance taking effect.
6. Article DTI, Section 7 of the California Constitution authorizes cities to adopt local.
police, sanitary, and other ordinances not in conflict with general laws.
7. The, California Legislature, has authorized cities to provide zoning for "senior
only'mobile-home parks pursuant to Health and Safety Code §18300.
8. As discussed above, in Putnam, the, California Court of Appeal has confirmed
previous California Attorney General opinion that such senior only zoning does not conflict with
the general prohibition against discrimination based upon age contained in California
Government Code §65008 (87 Cal, Ops.,Atty, Gen. 148 (Oct. 20, 2004)).
9. The 'City currently does not have a "senior offly" mobilehome park zoning
ordinance in place, but such a zoning ordinance may be needed in the immediate future to
V i
preserve, affordable housing options left to the City's senior citizens.
10. The,City requires tune to study and decide:
a, If such an ordinance is necessary to protect the public, health, safety and
the community's population.
welfare, and provide adequate local senior housing for e coi: u L agingb. If such an ordinance would have any ad.verse, effects upon the general
housing market and particularly the senior and low-income housing market in the City. Portlier,
whether any potential effects from the removal of a senior housing resource in.the City constitute
a current and irninediate,threat to the public safety,health and welfare.
C. The extenit City may regulate internal operations of i-nobile-home,parks,
d. Given the harm to the, community by the removal of senior only
mobilehome parks, this moratorium is being established preserve the status quo to provide
time to seek clarification of the law, and permit City staff to develop appropriate regulations
consistent with the,requirements of the law.
SECTION 2. Moratorium.
In order to protect the public health, safety and welfare and pursuant to the provisions of
Government Code §65858, a moratorium is hereby placed prohibiting the,"conversion"of any
inobile,home park currently in existence in the City fi-orn a park where at least eighty percent
(90%)of the full-time residents are individuals aged fifty-five- (55)years and older(a"senior
only" mobilehome park)to a mobilehome park accepting all ages of residents-
Attached to this ordinance,are two letters to residents of Rancho Huntington mobilehome park residents declaring
intent that the inobilehome park no longer restrict housing to older persons(554).
13-3865/100059.dn 3
P F
Item 9. - 38 HB -572- %
SECTION 3. Exceptions.
This ordinance shah not apply to any undeveloped parcels of land or to any mobile-home,
parks currently operating within the City where the number of full-time residents younger than
55 years of age comprise twenty-one percent(21%) or more of the total number of residents in
the rnobile-home park.
SECTION 4. Report
Staff is directed to provide a written report to the City Council at least ten days prior to
the expiration of this ordinance, describing the study conducted of the local housing conditions
that led to the adoption of this ordinance in accordance with State law.
SECTION 5. Effective Date.
This ordinance is declared to be an urgency ordinance- measure adopted pursuant to the
provisions of Government Code Section 65858. As set forth in the findings above, this
ordinance is necessary for preserving the public safety, peace, health and welfare of the
community. Accordingly, upon adoption by a four-fifths vote of the City Council,this ordinance
shall take(,-fff,-ct immediately.
SECTION C. Expiration.
This moratorium shall be of no further force or (,-fff,-ct upon the expiration of forty-five
(45) days ftorn the date of adoption,unless extended in accordance with California Government
§65858,
SECTION 7. Severabilifl.
If any section, sentence, clause or ph-rase*of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council here-by
declares that it would have passed this ordinance and adopted this ordinance and each section,
sentence, clause- or phrase thereof, i1ire-spe-ative- of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Further,the
City Council here-by declares fhat this ordinance neither is intended to nor shah it impair the
obligation of existing contracts.
SECTION 8. Publication.
The City Cleric shall cause this ordinance to be posted in three places designated by City
Council pursuant to City Charter Section SOO(c) and published by title with a brief summary at
least once within fifteen (15) days after its adoption in a newspaper of general circulation,
published in the County of Orange- and circulated in the City, in accordance with Section 36933
of the California Government Code; shall certify to the adoption of this ordinance and shafl
cause a certLifed copy of this ordinance, together with proof of publication, to be filed in the
Office of the Clerk of this City.
4
E— "'Item 9. - 39
�HB -573-
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SJl1CTIQhT 9. CF,OA.Exemptan.
The City Council finds that, regarding the California Environmental Quality Act
(CEQA),there is no possibility that the adoption of this ordinance may have a significant adverse 3
effect on the environment(CEQA Guideline 15061 (b)(3)).
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 1200
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Mayor
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ATTEST: APPROVED AS TO FORM:
City Clerk F�CiAttomey 3 13
s�7 I
RET%7IE- APPROVED: INITIATED AND APPROVED:
C` per C•' Attorney
G �'`3i• �,� i
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23-3&55liflC;Q59.doc 5
Item 9. - 40 HB -574-
1
RANCHO HUNTINGTDN MOBILE HDME ESTATES
19361 BROOKHURST STREET
HUNTINGTON BEACH,CAUFORNIA 92646
(714) 962-7311
July 16,2013
To ALI Residents at Rancho Huntington Mobile Home Estates,
At last night's City Council meeting the council directed the City Attorney to draft a moratorium
-,
to be adopted at the next City Council meeting prohibiting existing
communities from changing to all age communities.
'VvIfle we previously had no intention of changing the cur,e-rt senior status at Rancho
Huntington,upon-ffi-e advice of our attorney we are now moving forward and providing legal
notice that we are changing our status to an all age park to protect our property rights. Please
understand that this is not something we desire;however,the actions by the City Counci-I have
'
forced us to take this action to preserve our legal rights -)�L11 dialogue
as property owners. We
with, you and City representatives at any time, as we stated last night
OFFER OF CONTRONESE: F-cirther,we will be proposing, q an offer of r.,ompromise to fh e
City C oun c 11,that we consider an agreement to preserve senior status at Rancho MintTngton for a
5x e d period of time e-Whii I e the H 0 A and i d management pursue a long term lease wi,fa covenants
that protect the interests of the residents and management,including a senior community with
terms that make sense(in lieu of inflexible-terms T50rced on us by government). This makes any
ordinance unnecessary. This proposal is not a release or cancellation of the enclosed notices.
Vqe feel that an agreement between residents and management is much more preferable ban a
long, drawn out legal battle with outsiders n-21inng decisions affecting vo-yr 5itture. We look
forward to meeting with you soon! jj
Sincerely,
Authorized Agent of the Owner
HB -575- 'Item 9. - 41
PWNcnO E[LwrINGToN MOBILE HONE ESTATES
19361 BR001MURST STREET
H"o_N'rnrcTori4 BEACH,CALiFoRNIA 92646 l
(714)962-7311
NOTICE OF AMENDMENT TO RENTAL AGREEMENT
July 16, 2013
Dear Residents;
This letter serves to provide notice of amendment to the rental agreement under which you reside In Rancho Huntington by the addition of
the covenant set forth below.You currently reside in the park at space 22 pursuant to a written rental agreement entered into on
February 14 2005
Management has no further intention of enforcement of"older persons"housing regulations.The rental agreement is amended, by this 1
a o- a f '' f a s r ' e
notice as provided b�yy Civil Code§827 amendment of pe ioilc tenancies),:o comply w:h.he f�d�ra!hor sing mandate e,;tifl i ed rat
Fair Housing Amendments Act of 1988,�which guarantees the right of"familial status,°which includes the right of persons of all ages to
occupy mobilehomes in the par" This means that a11 residents are afforded the opportunity to allow the grandchildren to~rove in,extended
families to share housing in these d'rficult economic times and allows residents to sell their homes to persons without regard to age
restrictions. All persons intending on sale of their homes should make full disclosure of this amendmenr to all prospective purchasers.
AMENDMENT TO THE RENTAL AGREEMEN T
THIS NOTICE IS PROVIDED IN ACCORDANCE WITH CALIFORNIA LAW AS A BINDING AMENDMENT TO THE RENTAL j
AGREEMENT.THE RENTAL AGREEMENT IS HEREBY AMENDED BY ADDlTiON OF THE FOLLOWING PARAGRAPH TO READ AS
FOLLOWS:
FAIR HOUSING POLICY OF RANCHO HUN11NGTO.N.{REVISED)."IS AS FOLLOWS: WE DO BUSINESS IN
-- ACCORDANCE WITH THE STATE AND FEDERAL FAIR HOUSING LAWS, IT IS ILLEGAL TO
DISCRIMINATE AGAINST ANY PERSON BECAUSE, OF RACE COLOR, RELIGION SEX, SEXUAL
ORIENTATION OR PREFERENCE HANDICAP OR DISABILITY, FAMILIAL STATUS SOURCE OF INCOME
NATIONAL ORIGIN, ANCESTRY OR F6R ARBITRARY REASONS UNDER STATE LAW - DISCRIMINATORS
ACTIONS OF THE MANAGEMENT, HOMEOWNERS, RESIDENTS, GUESTS OR OTHERS MAY BE REPORTED TO
OWNER`S AGENTS, OR THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF
MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER,
HOUSING AND URBAN DEVELOPMENT, MANAGE
;=SPELT TO EXISTING OR PROSPECTIVE TENANTS,
ENFORCE OR EXPRESS ANY PREFERENCE WITH R
RESIDENTS OR GUESTS BASED ON ANY PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS, NO
SUCH UNL4WFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE
COMMUNITY OR OTHERWISE IS PERMITTED ANY UNLAWFUL DISCRIMINATION KNOWN OR REASONABLY
SUSPECTED MAY BE REPORTED TO APPROPkIATE GOVERNMENT AUTHORITIES FOR PROSECUTION,
"ALL-AGE COMMUNITY: Rancho Hunti ton has no intent to operate,as an 'older persons"community and absent such legal
requirement for operation of"older persons housing can no longer enforce an'older persons"ho using restriction,The Park is therefore,by
law, required to immediately comply with "familial status" protections of federal and state law. ccordingly, the park Is an "all-age"
mobilehome park with no minimum age requirements for tenanC and residency. At least one tenant must have the Iecal capacity to enter
a contract. ALL PERSONS MAY RESIDE IN THE PARK WTHUT RESPECT TO AND NOT CONDITIONED UPON OR ES i R1C T ED
BY FAMILIAL STATUS OR AGE IN ACCORDANCE WITH THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1888, THE
FOREGOING AMENDMENT IS FINAL.'
'Speedy Dispute Resolution: To resolve disputes qulcidy and inexpanslely with lessee or lessor, we agree to arbitrate our
differences before an impartial orbiter(per the FAA*) we om`Jy select from a list supplied from an alternate dispute resolution organization
such as the AAA'within 10 day^after one side gives written notice of an arbitrable dispute, If a dispute arises with respect to any terms or
9
visions of tenancy, with the exception of actions in unlawful detainer,forcible detainer,foreclosure,small claims court or in)unctive rellef,
arbiter will decide all aspects of the dispute,including arbitmbility and enforceability of this clause,'Disputes" include rent adjustments
or fees, legal compliance in park operation, and park"repair and maintenance, AAA** Commercial Rules will gly, and available at
W�r,adr,or ,choose"rules andprooedures,"choose"rules,"scroll down to"con7mercial arbifration rules a�rdmedia ion procedures, .," A
copy is also on file in the o�,ce,No joinder or consolidation or class actions allowed,Arbiter to decide Issues under FAA, shall split costs
evenly and decide wbitmbility,all within 120 days of selection. Costs to be awarded to the prevailing party; no attorneys fees to either '
side,Discovery permitted as per Federal Rules of CiAl Procedure,'
`FAA' refers to the'Federal Arbitration Act." **'AAA'refers to the"American Arbi#ration Associa#ion.'-
Please feel free to contact management in the event that you desire to ask any additional questions or have any comment,
sincerely,
Autho d Agent of the Owner FiC�,HI — :s �+
Item 9. - 42 HB -576-
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I—iNJH0HUNTINGrDNDlIDIIE H0BM El STATES
19361BRmnimmsTSTREET
IIUvz1*GTOmIEAcH`Ceu.iF{mmYak9I646
(7I4)962-731I
July 18,2O13
NOTICE OF TKlRULES AINDREGJ]IAI30NS '
Deal-Residents:
Thim letter serves to provide notice cf a meeti ng regarding the am ���dm� of therules
and regulations,The amendment �vii1 �� fo -
fair housing policy consistent wilth ��Ola Fo� FairHousinQAmondmontsAdnf1888and implementing -i �aU . �. . Accordingly,Accordingly, all
provisions restricting residency to "older persons" /S5yoa� n[ age and more) as currently ' forth in the rules and regulations are residents are entitled. to meet and offer their comments to the amendment, You are )Rv\bad to attend a meeting to discuss the
amendment hzbe held st the clubhouse sd1O�OO AR, o'clock,Jul 28 2013 'uemtionm. Of
course,you are not obligated to attend,And,/you aiofreotopr wri
tten �comments at � m after
for your convenience. |fthe time set forth above im\nomenient and you desire to meet sdadU�verifttime, please advise nowemay
informally accommodate you,
You are free toconsent to the amendment 'the terms mf the Mobi|ehome Residency Law ' ~Cno��G78' ��em�\ `��RL�' by
natu0mOa signed copy of the anendmenLWead�oe you th� this amendment�thefinal' �x,and\yenforceable oNy as^ -� —tad
and defined bythe MRL.
Please feel free b contact management if you have aryqmomUonmorcomments,
AMENDMENT TO THE RULES AND REGULATIONS
THIS NOTICE|G PROVIDED TO EACH RESIDENT |N ACCORDANCE YMTH THE MOB|LEHOVIE RESIDENCY LAW AGABINDING
AMENDMENT TOTHE RULES AND REGULATIONS OF THE PARK. ALL EX|8TING RULES REMAIN |N FORCE AND EFFECT
EXCEPT VVH|CHARE INCONSISTENT YMTHTHEFOLLDYYNGAMENDNENT. THE RULES AND REGULAT|ONS ARE AMENDED
BY ADDITION OF THE FOLLOWING PARAGRAPH TO READ AGFOLLOYYS:
ALL-AGE CDWWUN|TY: Housing provider isan"all age"community a9d welnomemhamUiey with children under the of eighteen .
his housing �derhas nointent� "�d�po�onm"communi�and wi|| no longer n�dh�housing io age
-~-- '.
/�}oa�one bana�mu� �ne�o� | � en�racon�odL All rules andregulationsh| hm�dsteormq �naad'xsupervision� r' '
�nino�|n common�c|�ee n�dh�homsof m��anmasmon�*bam�of age are rescinded.
` -
FAIR HOUSING POLICY ( EN VYED0 BUSINESS |N ACCORDANCE WITH THE STATE AND FEDERAL FAIR
��U� HOUSING LAWS, IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACECOLQ
RELIGION, `
SOURCE OF INCOME, NATIONAL ORIGIN, ANCESTRY OR FOR ARB17RARY REASONS UNDER STATELAW
DISCRIMINATORY ACTIONS vr THE MANAGEMENT, HOMEOWNERS, xcSIuEn/ ' umu|HExuM8yBE REPORTED
YV '
TO � ���� AQ D |
URBAN DEVELOPMENT. MANAGEMENT WILL NOT AT ANY TIME UNLAWFULLY ADMINISTER,ENFORCE OREXPRESS ANY
PREFERENCE WITH RESPECT TO EXISTING OR PROSPECTIVE TENANTS, RESIDENTS� OR GUESTS BASED ON ANY
PROTECTED CLASS STATUS AS DEFINED UNDER SUCH LAWS. NO SUCH UNLAWFUL ACTIVITY BY OTHER PERSONS
WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED; ANY UNLAWFUL
DISCRIMINATION, KNOWN OR REASONABLY SUSPECTED MAY BE REPORTED TO APPROPRIATE GOVERNMENT
AUTHORITIES FOR PROSECUTION.
Please feel freeio contact management in the event that you desire to ask any additional queo8onoor have any comment,
Sincerely, �
Authorized Agent of the Owner
f{B -577- �Item 9` - 43
" - 19361 SRCSCSKFIC.TFSf STREET .....,-m
I3rJnrrmror~$FACE,CALiFoP,\Ta 92646 �
(714)962-7311
July 26,2013
FLN- AL NOTICE OF NEW RLTIM AND REGULATIONS
o Ali Resident(s):
Recenffy aallresidentsv`,ere"advised-ofa scheduiedmeefirz tb discuss proposed-amendment-tope"notes-andfeguiations-pursuant-to•the-Mohiieh me- . . —
Residency Law(Clv:l Code§§788,et seq.). All residents were provided the opportunity to comment on the proposed change to the rules and regulatons,We
waat•te t3hank ypufi�yo .input and comments. The new and fsnai rule amendment is as fofoAs:
AMENDMENTTO THE RULESAND REGULATIONS
THIS NOTICE IS PROVIDED TO EACH RESIDENT IN ACCORDANCE WITH THE MOBILEHOME REST DENCY LAW AS A BINDING AMENDUIENT TO
THE RULES AND REGULATIONSOFTHE PARK-ALL EXISTINGRULESREMAININFORCEAND EFFECT EXCEPT WHICH ARE INCONStSTEWMITH
"THE FOLLOWING AMENDMENT.THE RULES AND REGULATIONS ARE AMENDED BYADDTTION OFTHEFOLLOWING PARAGRAPH TO READ AS
FCIELb6'V".�,:
ALL-AGE COMMUNITY:Housing provider is an"all age"community and welcomes famifies with children under the age of eighteen(18).This
housing provider has no intent to operate an"older persons"community and will no longer restrict housing to older persons(55+).At least one
t6rtant-mutt have the legal capacity to enter a contract All rules and regufationswhich mandate or require adult supervision o minors incomrnon
faci[itie TesLrk-,ortrs c .usage,.ar tray access cn.the basis of age are rescinded.
FAIR HOUSING POLICY(REVISED):WE DO BUSINESS IN ACCORDANCE WiTK THE STATE AND FEDERAL FAIR HOUSING I
m LAWS. IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,COLOR,RELIGION,SEX,SEXUAL
g . ffi ORIENTATION OR PREFERENCE,HANDICAP OR D3Smury,AGE, 17P.MILIAL STATUS,SOURCE OF INCOME,NATIONAL
ORIGIN, ANCESTRY .OR FOR ARBITRARY REASONS UNDER STATE LAW - DISCRIN41NATORY ACTIONS OF THE
MANAGEMENT,HOMEOWNERS,RESIDENTS,GUESTS OR OTHERS MAY BE REPORTED TO OWNER'S AGENTS,OR-THE
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING OR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
MANAGEMENT WILL NOT AT ANYTIME UNLAWFULLY ADMINISTER,ENFORCE OR EXPRESSANY PREFETRENCEWITH RESPECTTO EXISTING
O R PROSPECTIVE TENANTS,RESIDENTS,OR GUESTS BASED ON ANY PROTECTED CLASSS T ATUS AS DEFT NED UNDER SUCH LAWS.NO SUC'rl
UNLAWFUL ACTIVITY BY OTHER PERSONS WHETHER RESIDING IN OR DOING BUSINESS IN THE COMMUNITY OR OTHERWISE IS PERMITTED;
Ati"fUNtAW''F_tJLDISCPJNUNAi DNKNOWNORREASONABLYSUSPECTEDMAY.BEREPORTEDTOAPPROPRIATEGaVERNMENTAUTHORITIES
'Please be advised that all rules and regulations previouslyin effect and which are c onsistentv4th the am-rdmentwrg continue to be eTrecfive and I
in Ul force and effect Thenev,{rule and regulation amendmenfvrJI take effect in accordance w th the appli able provisions ofthe h"obilehome Resiue�y Law
'rChll CoJ6§§798,et sea.). If you desire to provide any additional comments or should have any further questions regarding this amendment,you are
yQlcomed:and encouraged to contacf the management jII
Eachincl Mdual-residenthastheunwalvahlefghtandpowertoconsenttothenewruleandregulationsamendmentifdessred.ifyouwishtoconsent I
to the new rate and regulation amendment,it becomes effective at such time ds you elect to consent to it.if you desi e to consent in wriEin9,you may execute
ftii tioticu iq fhaspa prnvidedbelow and return the bottom pOr6on o this notice to the pat o r .Otherwise,the new rule and regulation amendmentxakes
efiecf itrai tags(61nonfis)after s''ce of tips'notice for homeowners v�Irro have riot expressly agreed in writing.
Again,should thereby anyfurther questions or comments respecting this amendment or any matter regarding the rules or the park,please feel free
to contactthe managearenL
Please feel frea to contact mahagement in the event that you desire to ask any additional questions or have any comment,
Sin
Aut`ao'riz�3Ageir °: -�er .
----CrJAISEN TO ROLE AND PEG
zRT
I
t,. space nc. HEREBY C-ONSENT t,.the amendment ofthe rules and reguianons set totth above,
Please return this page to the park ogee for our records.Thank you.
_Bated;'. RESIDENT SI GMAiURE
Vn
Item 9. - 44 HB -578-
Familial Status Protections:
a In 1938,Congress enacted the FHAA to proscribe"familial status" discrimination. "Familial status" is defined
as"one or more Individuals(who have riot attained the age of 18 years)being domiciled with... a parent or
another person having legal custody of such individual or individuals." 42 U.S.C.§ 3602(k)(1). Specifically,
under the FHAA it is unlawful:
(a)To refuse to sell or rent. ..because of...familial status ....
To discriminate...In the... sale or rental of a dwelligg...because of...familial status
a (c)To make,wint,or publish, .-any preference,...based on..,familial-status...
42 U.S.C.§3604.
illegal to Interfere with Providing Familial Status Protections:
e Section 3617 of the FHAA:"FlIt shall-be unlawful to coerce,intimidate,threaten,or interfere with ,any
person in the
exercise or enjoyment of,or on-account of his having exercised or enjoyed, or on account of his having aided
or encouraged any other person in.(familial status rightsl. 42 U.S.C. §3617.'
No "Interference"ALLOWED in Providing"Familial Status"
* U.S. v. Hay�yard,(1992) SOS F.Supp.810: Park owner filed HUD complaint
* The United States then filed a n action against Hayward.
* The Court-' Hayward violated the*FHAA by coercing and interfering with Park owner`s efforts to rescind it
Colder persons"rules and regulations.
Only Owner May Claim Intent To Operate
0. Once park ownerinsfitutes change to familial status,City cannot interfere.
Hayward attempts-to claim the exemption on behalf of the petitioners.This Court concludes that only owners
and managers may claim the exemption...
U.S. v. Mainlands
a Horneommers' association did not institute age-verification procedures adequately eVi de nci ng.intent to
provide hDusing for persons 55 years or older prior to taking action against two homeowners with children,
These six factors are: a (1) written rules and regulations; a (2)the manner in which the housing is described
to prospective residents; ® (3)the nature of advertising; 9 (4) agg everificat ion procedures; (5) lease
provisions;and a (6)the actual'practices of the owner or manager in enforcing relevant lease provisions and
relevant rules and regulations.
Putnam v.Yucaipa,
o The City(cannot)ensure that the Overlay District meet the fairly rigorous statutory requirements of
maintaining an a eighty-percent senior population, a publishing and a adhering to policies, and a complying
with occupancy verification rules, see 42 U.S.C_§3607(b)(2)(C), and thatthe Overlay District does so
* in advance of engaging in what would other vise be discriminatory conduct, (i.e. conduct which disqualifies
the park from OPH).
If Park does not qualify for OPH,cannot enforce:
The Act prohibits a hous!ng provider from"coercing,intimidating,threatening or interfering with anyone in the
exercise or enjoyment of,or on account of his having exercised or enjoyed any right granted or protected by the
Act.42 U.S.C.Sec.3617.The Government asserts that Respondents retaliated againstJoyce Verzi and Barbara
McDermott.. .
Yucaipa Does Not Apply to the Facts in R Huntington:
0 The Park owner desires to and has in fact converted.
0 The City has Failed to Act in Advance of the Conversion.
0 it Would Constitute a\riolation of§3617 of Federal law to coerce,intimidate or force park owner to
discriminate against children.
n, V.
nvr L,%K)' . t>Ji
HB -579- Al iFo_JhM_ Item 9. - 45
Dept,[D ca 13-011 Page 1 of 2
Meeting Date:9116/2013
{ CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/16/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY. Jennifer McGrath, City Attorney
SUBJECT: Adopt Ordinance No. 3990, an Interim Urgency Ordinance Extending the
Moratorium on the Conversion of Senior Mobile Home Parks (established by
Ordinance No. 3986 on August 5, 2013) for an Additional Ten Months and
Fifteen Days (Requires 415 Vote)
Statement of Issue: Pursuant to City Council direction, the City Attorney created Interim Urgency
Ordinance No. 3986 which established a temporary moratorium on the eonversionfchange of any
mobile home park currently existing in the City from a park occupied primarily or exclusively by
residents over the age of 55 years(Senior Residents) to a mobile home park allowing residents of
all ages. State law limits the effective period of urgency interim ordinances to 45 days from
adoption unless otherwise extended. The City Council may extend the urgency interim ordinance
for an additional 10 months and 15 days after proper public notice and public hearing is provided.
This extension requires a four-fifths vote for adoption. The extension of this ordinance will allow
staff additional time to study and analyze a regulatory framework to address the senior housing
issues in Huntington Beach.
Financiallmpact: NIA
Recommended Action: Adopt Ordinance No. 3990, "An Interim Urgency Ordinance Of The City
Council Of The City Of Huntington Beach; California, Extending For Ten Months And Fifteen Days
The Moratorium On The Conversion Of Any Mobilehome Park Currently Existing In The City From
A Park Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobilehome Park Allowing Residents Of All Ages, To Take Effect Immediately."
Alternative Action(s): Do Not Adopt Ordinance No. 3990, "An Interim Urgency Ordinance Of The
City Council Of The City Of Huntington Beach, California, Extending For Ten Months And Fifteen
Days The Moratorium On The Conversion Of Any Mobilehome Park Currently Existing In The City
From A Park Occupied Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior
Residents) To A Mobilehome Park Allowing Residents Of All Ages, To Take Effect Immediately"
Analysis: A temporary land use regulation(often called a"moratorium'') is a mechanism by which
a zoning regulation is adopted for a limited period of time without having to go through the normal
process of public hearings. State law requires a current and immediate threat to the public health,
safety and welfare in order to adopt or extend a moratorium. In this case, the City of Huntington
Beach has adopted an urgency ordinance and moratorium that is only in effect for 45 days. In
order to continue to preserve the status of mobile home parks operating as senior-only parks,.while
staff continues to study the effects of regulating senior mobile home parks, the City will need to
Item 9. - 46 HB -580-
Dept.{D ca 13-011 Page 2 of 2
Meeting Date:9t1612013
extend Interim Urgency Ordinance No. 3986 for an additional 10 months and 15 days to preserve
the existing senior only mobile home parks.
Environmental Status: NIA
Strategic Plan Goal:
Enhance and maintain public safety
Attachnnent(s):
Ordinance No 3990, "An Interim Urgency Ordinance Of The City Council Of The City Of Huntington
Beach, California, Extending For Ten Months And Fifteen Days The Moratorium On The
Conversion Of Any Mobilehome Park Currently Existing In The City From A Park Occupied
Primarily Or Exclusively By Residents Over The Age Of 55 Years (Senior Residents) To A
Mobilehome Park Allowing Residents Of All Ages To Take Effect
Immediately"
h is
7�
� `-£_��:;"j, iIVv�_e Item 9. — 47
HB -5 p7 1- a
ORDINANCE NO. 3990
AN, INTERIM'URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HLINTINGTON BEACH, CALIFORNIA, EXTENDING THE MORATORIUM ON THE
CONVERSION OF ANY MOBILEHOMTE PARK CURRENTLY EXISTING IN THE CITY
FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE
AGE OF 55 YEARS (SENIOR RESIDENTS)TO A MOBILE110-ME PARK ALLOWING
RESIDENTS OF ALL AGES LINTRI,APRIL 30, 2014, TO TAKE EFFECT INIMEDIATELY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FIND NIGS. The Ordinance No. 3986, enacted by the City Council of
the City of Huntington Beach(the"City")on August 5, 2013 placed a forty-five(45)day
moratorium on the conversion of any mobilehome park existing in the City on that date from a
park occupied primarily or exclusively by residents over the age of 55 years(senior residents)` to
a mobilehome park allowing residents of all ages. In part the moratorium on conversion allows
the City time to study whether an amendment to the Mobilehome Park Overlay District to limit
or prohibit such conversions is necessary to protect the public,health, safety and welfare by
providing adequate.affordable:local housing for senior citizens, and whether such an ordinance
would have any ad-verse effects on the general housing market in the City; and
Section 65858 et.al, of the California Government Code allows an urgency ordinance
enacted under the California Government Code to be extended for ten months and fifteen days
past the original 45-day urgency period, f6flowing a noticed public hearing, in order to further
study the immediate health and safety problems identified in Ordinance No- 3986 and
At least ten (10) days prior to September 16, 2013, the City Clerk has caused to be
published in a newspaper of general circulation a notice.advising that on September 16, 201.3 at
6:00 p.m. or as soon-thereafter, 'the City Council will conduct a public hearing 'to consider
extending Interim Ordinance 3986; and such public comment and hearing was conducted on
September 16, 2013 at the regular City Council meeting.
SECTION 2. EXTENSION OF MORATORIUM. The initial forty-five(45) day
moratorium on mobilehome park conversions enacted by Ordinance No. 3986, is hereby
extended until April 30,2014 and shall take effect immediately.
SECTION 3. DECLARATION OF URGENCY, FINDINGS. Ordinance No. 3990 as
well as staff report in support of the Request for Council Action advances the idea that the City
of Huntington Beach ("City") does not have enough affordable senior housing options which
continues to create problems for seniors that will only increase with the aging population.
Mobilehome parks represent one of a few affordable housing options left to senior citizens that
`Housing for Older Persons Act(HOPA)provides that"Senior"is defined as someone 62 years old and over-
HOPA defines housing that are,restricted to 5555+,as"Housing for Older Persons".
13-396511nterirn Mobile Home Park Ordirwrice.doox
Item 9. - 48 1413 -582- q
Ordinance No. 3990
permit exclusive residence in a detached dwelling by those individuals over the age of 55 years.
As set forth in the Housing Element of the City's General Plan, an important goal for the City is
to preserve the existing senior housing stock which is represented in part by affordable
mobilehome housing. "Converting" mobilehome parks from a "seniors only" to all ages parks
Would reduce the number of senior housing unit's available to those persons 55 years of age and
older. There are 18 mobilehome parks in the City, 10 of which are operating as senior
mobilehome parks. Thus, converting the `seniors,
only' mobilehome parks to family parks
would result in a significant reduction in the number of affordable housing units available to
senior citizens of the community and is irreparably detrimental to them as it creates an
immediate threat to their health, safety and welfare. . Further, the announcement that the City is
studying this issue and may develop a zoning ordinance restricting the change of seniors only
mobilehome parks has resulted in the owner(s) of mobilehome park(s) pursuing conversions to
all age mobilehome parks prior to any such ordinance taking effect.' There is immediate threat
to the public health, safety and welfare that would result from allowing the unregulated
conversion of senior housing to non-senior housing justifies the extension of the interim urgency
ordinance.
Based on initial research and analysis, in contrast to other senior housing in the City,
mobile home parks afford seniors the ability to live in their own homes rather than in apartments
and provide a senior living community in low-rise setting that typically provides a clubhouse for
community events and socializing as well as recreation facilities inside the park so that the
residents can easily walk to these facilities and event. Many of the seniors living in these senior
mobile home parks enjoy having their grandchildren visit them in the parks, but they, like the
seniors without grandchildren, purchased mobile homes in a senior park in order to live in a
quieter community with others in their own age group and purchased their homes in these parks
because they were senior parks that only accepted prospective purchasers of homes in the park if
at least one occupant of the mobile home being purchased was 55 years or older.
While senior housing complexes in the City, -other than senior mobile home parks, are
generally restricted to senior occupancy by conditions, covenants, and restrictions, that is not the
ease in senior rtobile home parks. The residents of those mobile home parks relied upon the
representation of the park management and park owners that only seniors could purchase homes
in those parks and obtain tenancies in those parks. These representations were set forth in the
leases or rental agreements they were required to sign upon purchasing a mobile home in the
parks and moving into the parks and in the rules of those parks, -which the residents-vvere also
required to sign and acknowledge. Now some owners of senior mobile home parks have
indicated that they can, and are already attempting to, change their parks from senior parks to
family parks, over the objections of their senior residents, simply by changing park rules using
the procedure in Civil Code Section 798.25.
2 The two letters to residents of Rancho Huntington mobilehome,park residents declaring intent that the mobilehome
park no longer restrict housing to older persons(55+)are attached to ordinance no3986.
��,il, 4�� F Af - I h 11J
_f - 'I B �
U-3865.,luterim Mobile Rome Park OrdinanLe.doex , i- _11;z%,
,
HB -583- Item 9. - 49
Ordinance No.. 3990
While the seniors now living in senior mobile home parks could remain in a park that
changed to a family park, those seniors would no longer enjoy the-quiet and companionship of a
senior community and the limited supply of senior park's that now exists in the City could be
greatly diminished or even eliminated- Since mobile homes are not mobile in any practical sense
due to the high cost of moving a home, the risk. of, damage to the home in moving, the loss of
improvements such as porches, patios, carports, and landscaping,, which cannot be moved, and
the lack of available rental spaces in senior parks, or in any mobile home park in the City or
surrounding areas that will accept re-locating, homes, senior residents of a park- that becomes a
family park would have to sell the homes in which they have lived for many years and in which
they have invested both financial and personal resources in order to move to another senior
facility, After selling their mobile homes, these seniors may no longer have sufficient funds to
purchase a mobile home in another senior park or senior facility.
The City of Huntington Beach currently does not have a "senior only" mobilehome park
zoning ordinance in place, but such a zoning ordinance may be needed in.the immediate future to
preserve the few senior only housing options left to our senior citizens. The change from a
"senior only" mobilehome park- to an "all ages�' mobilehome park will reduce the number of
housing units available to those persons 55 years of age and older.
Based upon the foregoing, the City Council finds that there is a current and immediate
threat to the public health, safety and welfare, and the approval of permits or other entitlements
authorizing the conversion of senior mobilehome parks for persons 55 years of age and older to a
moblilehome park allowing residents of all ages would result in that threat to the public health,
safety and welfare.
SECTION 4, EFFECTIVE DATE, The Council finds that public health, safety and
welfare require that this ordinance become effective upon its adoption and passage, pursuant to
California Government Code Section 65858.
SECTION S. SEVERABILITY. If any section, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance, The City Council hereby declares that it would have passed this ordinance and
adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections,,sentences, clauses or phrases be declared invalid
or unconstitutional.
13-3865/Interim Mobile dome Park Ordinanmdocx
Item 9. - 50 HB -584-
Ordinance No. 3990
SECTIOIN 6- PUBLICATION. The City Clerk shall cause this ordinance to be posted in
three places designated by City Council pursuant to City Charter Section 500(c) and published
'by title with a brief summary at least once within fifteen(15) days after its adoption in a
newspaper of general circulation, published in the County of Orange and circulated in the City,
in accordanc&with Section 36933 of the California Government'Code;shall certify to the
adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof
of publication,to be filed-in the Office ofthe-Clerk of this City.
PASSED AND ADOPTED by the City Council of the City of -Huntington Beach at a
regular meeting thereof held on.the 16th day of September, 201.3.
Mayor
ATTEST: APPROVED AS TO FOR-XI: fh
4,
V City Clerk v Ci Attorney
RE f,1111D APPROVED: 'I-�, IXTED AND APPRO'vTD:/
I/anager itv Attorney
,13-3 865/Interim.Mobile Home Patk Ordi=ce.doex
Item 9. - 51
HB -585-
Urgency Ord.No.3990
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
CITY OF RLTNTINGTON BEACH
1,JOA2\T L. FLY\T NT ,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 Co-micil 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 September 16,2013 and was passed
and adopted by at!.east five affirmative votes of said City Council.
AYES: Sullivan,Hardy, Boardman, Carchio, Shaw;Katapodis
NOES: Harper
ABSENT: None
ABSTAIN- None
[L JOAN L.FLYNN,CITY CLERK of the City of
Hunti--agron 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
Fount—an Valley Independent on
September 26,20 1
In accordance with the City Charter of said City City erk-and ex-officio Clef
-A Joan L.Flimn.City Clerk of th e City Council of the City
'it �'j of Huntington Beach, California
Item 9. - 52 HB -586-
ATTACHTNIENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
NEGATIVE DECLARARTION NO. 13-001
ZONING TEXT AMENDMENT NO. 13-002
SUGGESTED FINDINGS FOR APPROVAL NEGATIVE DECL-ARATION NO. 13-001
Negative Declaration No. 13-001 has been prepared in compliance with Article 6 of the California
Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment
period of thirty (30) days. Any comments received during the comment period were considered by the
Planning Commission prior to action on the Negative Declaration, Zoning Text Amendment No. 13-002
and Zoning Mal) Amendment Nos. 13-001 and 1 3)-002. Tl-iere is no substantial. evidence in light of the
whole record before the Planning Commission that the project would have any significant effects on the
environment.
SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 13-002
1 Zoning
Text Amendment No. 13-002 to amend the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to establish criteria for the SR Senior Residential Overlay District is consistent
with the objectives, policies, general land uses and programs grams specified in the General Plan and any
applicable specific plan. The goals and policies of the General Plan Housing Element -state that the
City should promote, retain and provide for affordable housing. Zoning Text Amendment No. 13-
002 would amend the HBZSO to establish the SR Senior Residential Overlay District to ensure that
senior housing is retained.
2. In the case of a general land use provision, Zoning Text Amendment No. 13-002 is compatible with
the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed.
The proposed new Chapter 228 SR Senior Residential Overlay District would not affect the base
zoning designation, development standards or allowable density for any affected property.
Preserving senior parks as such maintains the operational compatibility for senior residents and is
responsive to issues related to noise and vehicular and pedestrian traffic within.the designated parks.
3. A community need is demonstrated for the proposed. amendment as seniors have submitted letters
supporting the SR Senior Residential Overlay District. The changes to the HBZSO would establish
operational criteria requiring that 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 person sixty-two
(62) years of age or older. The City has identified that the senior segment of the population is an.
ever increasing group with seniors at 65+ years of age representing 14% of the population.. The
overlay district ensures that senior housing options are retained.
4. Its adoption will be in conformity with public convenience, general- welfare and good zoning
practice. The proposed arnenchnent to the HBZSO would allow for the retention of existing senior
(14srO2 SR Overlay) HB -587- Item 9. - 53
mobilehonie parks, including 10 existing senior mobilehorne parks, wl-deh would maintain the,
public's convenience and general welfare. The goals and policies of the General Plan encourage the
retention of senior housing.
Item 9. - 54 tl ov,-rlay) 11B -588-
ATTACHMENT
m
TEXT AMENDMENT 13-002
POWER POINT ATTACHED TO ZONING
STAFF REPORT
xB -589- Item 9. - 55
ATTACHMENT #7
HUNTINGTON MOBILE HOME INVESTMENT, LLC
1100 Newport Center Drive, Suite 200
Newport Beach, CA 92660
January 28.2014
'oe
. 0
City of Huntington Beach
Planning Commission
2000 Main Street
Huntington Beach, California 92648
Re: Objection to Zoning Map Amendment No. 13-002 (Senior Residential M o-bilehome Park
Overlay) as applicable to Huntington Harbour Village
Dear Plamill-ig Coininissioners:
Huntington Mobile Home hivestments, 11C the owner of 86 out of total of 130
condominium units N�dthin the Huntington Harbour Village mobilehome park-, located at 16400
Saybrook Lane, Huntington Beach (the "Community"), objects to the Zoning Map Amendment
No. 13-00/1- (Senior Residential Mobilehome Park- Overlay) ("Overlay") as follows:
1. Resident Owned Community that can determine these issues by vote of its Members
2. Dc�d Restricted Occupancy Requirements already exists consistent with the State and
Federal requirements.
3. The chance in the zoning designation may have an impact on financing for the resident
owners with
in the Community.
As a result of-these objections, HMHl requests a modification to the Overlay as follows: (i) the
Overlay exclude resideiit o-wned communities -within the City; (ii) the Overlay exclude the
Community as it has in place the Declaration; or, in the alternati�,e (iii) provide for a no cost
exemption application process by which the Community may seek exemption from the Overlay.
These objections Cumulatively express a significant, or potentially significant, irripact on the
operations, management and financing of this Resident Owned Community. The stated goal of
the Overlay is to protect the senior residents from having their rental mobilehome park
designation changed by rental operators of a Park. This goal does not apply to the Community as
discussed.
1. Basis for Objections. ELTVIM objects to the application of the Overlay to the Community on
the following grounds:
Item 9. - 56 HB -590- L372-M—1270s67 1
City of Huntington Beach
January 28, 2014
Paget
A. Resident Ovv-ned Community. The Community is a resident owned, single family,
manufactured home condominium community. In May, 2012, the first individual
condominium. unit within the Community was sold to a resident. thereby completing the
conversion to resident ownership. The Con-imunit,will celebrate two years as a resident
owned park this May, and currently has 44 resident owners (out of 86 occupied lots).
The resident owners purchased the lot upon which their home is located or the lot and
home combined within this Community because it is one of the few true ownership
opportunities for seniors, it provides seniors with an opportunity to say what happens in
their community and retains the senior manufactured home community status.
B. Deed Restricted Occup
ancy Requirements. The Declaration of Covenants, Conditions
and Restrictions recorded against the Community specifically state that all occupants
must satisfy the Community's age requirements (the relevant portions of the Declaration
are enclosed herewith, a full copy of the Declaration can be provided upon request).
Pursuant to the terms of the Declaration, the Declaration, and thus the occupancy
requirements, can only be modified upon the approval of 67% of the members
(specifically the resident ov,-,ners separately from HN11-11). This means that the only way
the Comm-Lu-iitv could ever change from a senior park to a family park, is if 671% of the
resident owners elected to make that change; but with the Overlay. the City would be
dictating to property owners what they can and cannot do 'With their community. The
Overlay does not go into further details about potential exemptions or exceptions for
residents who have family members in need of assistance, who themselves are in need of
assistance or any number of exceptions currently set forth in the Corninunity-s governing
docurn ents and in accordance with state and federal laws.
C. Unknown ILnpact on Financing. The imposition of the Overlay will have an unlmoN�a-i
impact on the ability of owners/buyers of a condominium unit within the resident owned
parks to obtain financing for their lot/liome purchase. As a condominium conimunily, the
majority of the lenders that offer financing in this type of product require Fannie Mae or
FHA community approval. To obtain such approval, the Community undergoes detailed
review. Fannie Mae and FHA approval is becoming,'increasingly more difficult for any
community that is not within their standard normal project — and nothing about a
subdivided mobilehome park is standard or normal - and the imposition of the Overlay
will add a complexity to the community approval process that is completely unknown. If
Fannie Niae or FHA Nvere to cease approving- communities because of the Overlay, such
as is proposed, it would remove almost all viable financing options lea�dng resident
owners with no ability to sell their homes, thus greatly impacting the values of their
HB -591- Item 9. - 57
City of Huntington Beach
January 28, 2014
Page 3)
property. Many seniors purchase in a senior park to provide added financial security, and
that security is in jeopardy with the imposition of the Overlay.
The objections set forth herein do not address the application of the Overly to senior rental
inobilehoine parks; instead it focuses solely on the application of the Overlay to resident
owned mobilehome parks, and in particular, the Community, as it should be resident owners
who make the decision to remain a senior community and not the City. The intent behind the
Overlay is to protect the senior residents within senior rental parks — such protection is not
needed where a community has a deed restriction already in place.
11. Request: HMH1 hereby requests that the Planning Commission take the following actions,
each subsequent action as an alternative to the rejection of the previous request:
A. Exclude Resident Owned Parks. Modify the proposed Overlay to exclude resident owned
conu-nunities within the City. Due to the added protections provided in the subdivision
process for resident owned communities, including the Bureau of Real Estate's review of
all acquisition and community documents, and the City's review of the subdivision
mapping application, and as a result of the potential financial impact as a result of the
Overlay, the Overlay should not apply to resident owned cominunities.
B. Exclude the Communijy Specifically. Modify the proposed Overlay to exclude the
Community as it has in place the Declaration. The reasons behind the need for the
Overlay are not present in the Community as a result of the presence of the Declaration,
which can only be modified only upon the approval of the 67% of the resident owners
within the Community.
C. No Cost Zoning Waiver Process. The City should provide for a no cost exemption
application process by which the Community may seek exemption from the Overlay. Any
costs that would otherwise be incurred would be paid for by the Community's
homeowners association and ultimately by the residents who pay monthly association
dues. As there is a no cost option (set forth in Items ILA d II.B. above) an an . y required
applications seeking exemption should not bear a cost.
Your consideration of these objections and requests is appreciated.
Sincerely,
Therese Havedt
Item 9. - 58 HB -592-
L572-001-1270867.1
March 7, 2014
To: Huntington Beach City Council
From: Huntington Harbour Village Residents
Re: Huntington Beach Senior Mobile Home Overlay Ordinance
As residents of Huntington Harbour Village,we wish to thank you for enacting this ordinance to protect
the senior citizens in the ten senior parks in the city of Huntington Beach.
We are asking you to include Huntington Harbour Village in this overlay and not to exempt us from this
ordinance.
Thank you for your work on behalf of your citizens.
- �
/to
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 01/13
T h e L Q f t I n F i r m LLP 4; 5750 Fleet Street, Suite 110
Carlsbad,California 92008
Tel 760,431.2111
Fax 760,431.2003
vNm,lofbnfirn1-00M
ClienVIVIatter Number
Attorneys at Law
To, Joan Flynn,City Clerk From: L. Sue Loftin, Esq.
Fax: 714-374-1557 Pages: 17
Phone: Date: March 14, 2014
Re, Public Wearing March 16, 2014 CC.,
171 Urgent X For Review El Please Comment [I Please Reply D Please Recycle
*NOTICE-. The information contained in this facsimile message is intended only for the use of the
individual or entity to whom it is addressed. If the reader of this message is not the intended recipient,or
the employee or agent responsible to deliver it to the intended recipient,you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. if you have received
this communication In error, please immediately notify us by telephone,and return the original message
to us at the above address via the U.S. Postal Service. Thank you.
Please see attached document regarding:
Public Hearing: March 16, 2014
6:00 pm
Item No. 19 & 20: Zoning Map Amendment No. 13-002 (senior residential MHP overlay) and
Zoning Ordinance
SUPPLEMENTAL
COMMUNICATION
Meebng Date: 31/7 lo�/
Agenda Item No.j2—±—d)-0--
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 02/18
THE � OFTIN FIRM , R . C .
ATTORNEYS AT LAW
VIA U.S.MAIL AND ELECTRONIC MAIL
March. 1.4, 201.4
The Honorable Mayor Matthew Harper, and
City Councilpersons for
The City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
FRE_ Public Hearing: March 1.7,201.4
04-ca vb A— 6:00 p.m.
Item No. 19: Oppose Adoption of Ordinance: 4021: Zoning Map Amendment No. 13-002
(Senior Residential MHP Overlay)
Item No. 20: Oppose .Adoption of Ordinance: 4009: including Huntington Harbour
Village Mobilehome Park in Ordinance
Request to Remove Huntington Harbour Village Mobilehome Park, a Resident Owned
Community (Site No. 3) from the Senior Residential MHP Overlay:
1. Do not pays Proposed Ordinance 4021 Amending District Map 23Z of the City of
Huntington Beach Zoning and Subdivision Ordinance to Add the SR Senior Residential
Overlay to Real. Property ; and,
2. Amend Proposed Ordinance 4009 by removing Huntington Harbour Adopting Zoning
Text Amendment No. 13002 and Amending The Huntington Beach zoning and
Subdivision Code by Adding New Chapter 228 Entitle "SR Senior Residential Overlay
District.
Dear Honorable Mayor Harper and Council Persons:
This correspondence is written on behalf. of. T.luntingtou Harbour Village Mobilchome Park located at
16400 Saybrook Street (the "Community"). At this point, the correspondence, testimony and other documents
submitted to the Planning Commission Hearing, January 29, 2014 and the City Council Hearing March 3, 2014.
What Facts Support the Distinction Between Huntington Harbour Village
and the other Nine (9) Parks Affected by The Action Before Council
in Items 18, 19, 20?
5760 FLEET STREET,SUITE 110 •CARLSBAD•CALIFORNIA-92006
T: 760.431.2111 •F: 760.431,2003•WWW.LOFTINFIRM.COM•SLOFTIN@LOFTINFIRM.COM
03/14/2014 16: 21 7604312003 LOFTIN FIRM PAGE 03/18
THE LOFTIN FIRM., P.C.
Mayor and City Councilpersons
City of Huntington Beach
March 1.4, 201.4
Page 2 of 3
1.. Condominium Mobilehome Park (See, Rental Mobilehome Park
attached partial Condo Plan Certification &
Certificate of Compliance, full copies in City
.Records).
2. Resident Support for Conversion of Park to n/a
Resident Ownership: 92.7% (See, TIR and
Support Statemena in City Records
I
3. Resident Owners Control Park (See, attached Investor Owner Controls Park
portion of CC&Rs)
4. Governing _Law for Operations: Davis Stirling Governing Law for Operations-
Act; Subdivided Lands Act; Nonprofit Mutual Mobilehome Residency Law
Benefit Law
5. State Rent Control Through the Tenant Impact No Rent Control
Report,which was approved by the City at the
time the Subdivision was approved. (See,
attached portion of TIR, full copy in City
Records)
The proposed zoning actions are not required
for affordability.
6. Only Renters permitted are residents that 3rd Party Investor Owner of Park,
owned their mobilehome at the time of the owns and rents all of the lots in the
conversion and decided to not purchase. Park
Those renters are protected by Rent Control.
These lots are owned by "Declarant". (See,
portion of CC&Rs & .TIR, full copy of hoth in
City,Records.
7. Declarant cannot change Rules, including age -P Party Investor Owner can change
Rule; only the Resident Owners can change the Rules, including the age Rule
gfter 5 years, if the resident owners vote by a pursuant to the Mobilehome.
super majority to change. (See, attachments to Residency Law without a vote of the
prior correspondence) residents.
H. Residents Own Land & Mobilehome Residents Own Mobilehome, only
(See, attachments to prior correspondence)
9. Financing: Manufactured Housing Financin : personal Proeedy
M:%Huntington Har1)nur\450A-Post Subd.City\City Council Hearing 3-1 7-14\Letter to CC 3.14.14,docx
03/14/2014 16: 21 7604312003 LOFTIN FIRM PAGE 04/16
THE LOFTIN FIRM, P.C.
Mayor and City Coun.cilpersons
City of Huntington Beach
March I4, 201.4
Page 3 of 3
Condominium Unit (real property): This mobilehome.
requires FHA and Fannie Mae approval of the
project as a whole, then individuals can. apply Depending upon the age of the
for individual loans. The Fannie Mae web site mobilehome, financing for personal
(www.lalyniemae.corn/multifamilylmaraufgaured property mobilehomes is extremely
housing) has a list of Manufactured Dousing scarce and expensive, if available.
Lenders, with 2 exceptions these lenders That is one reason residents elect to
ONLY provide loans to park owners for convert their mobilehome parks to
investment purposes. The Senior Housing condominium — move their asset
lenders provided there ONLY provide loans to from being classed as personal
investor owner/operators of senior housing, property, to real property.
care facilities, etc., not to individuals. FHA has
additional specific requirements related to
Condominium conversions.
(llvww flia.com/condominium To provide the
documents support the statements made would
require volumes of material be provided. That
is why we provide web sites which can provide
very general information.
We did riot attach full documentation because of the length of each.document and the fact the documents
should be available in the City records of the conversion to resident ownership.
The Community thanks you for considering their request to be removed from these actions and
respectfully believes that Huntington Harbour Village is significantly different from the Mine (9) rental
parks that excluding it from the proposed action would not jeapordiZe the action related to the other nine
(9) parks. The Community renew its request that it be removed from the list of mobilehome parks to be
included in the Zoning Overlay and Ordinance 228.01..
Sincerely,
THE LOFTTN FIRM, P.C.
L. Sue Loftin, Esq.
Fncl: Sections of TIR, Condominium Certificate, Condominium Plan, CC&Rs
cc: Fred Wilson, City Manager (via facsimile)
Joan Flynn, City Clerk (via facsimile)
Jennifer McGrath, City Attorney (via.facsimile)
Huntington Harbour Village Cornmun.i.ty Association, Inc., via electronic mail) and
All Members and Residents (via personal distribution)
Huntington Mobile Home investments, LLC(via. electronic mail)
Kathy Mills, Esq. Krieger Law Firm (via electronic mail)
W lun(ington liarbour\450A-Post 5ubd.City\City Council Rearing 3•l7•.14\Lvtcr to CC 3-14-14.docx
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 05/18
This Document was electronically recorded by
First American NHS Rancho Ct 2m-onga
.� Recorded in Official Records,Orange County
Tom Daly, Clerk-Recorder
R.r:.CORniNG REQUESTED BY AND- �
AFTER RED CORDTNG MAIL TO: MINIMUM 96:00
201.2000025065 04:24prn 01/17112
The Loftin,Firm LLP 5 404 C32 31
5760 Flact Street, Suite 100 .00 0.00 0,00 0.00 90.00 0.00 0.00 0.00
Carlsbad, CA 92008
Attn: Ariel R. Bedell,Esq.
SPACE ATIOVE RFSFR\'f n F(A FLUNG STAMP
CONVOMOIUM PLAN
UNDER CAL1 F'ORNiA CIVIL CODE
SECTION 1351
Wc. the undersigned, being; the record owner(s) of and record holder(s) of the security intereet in the real
property described in the documents hereinafter mentioned,do hereby certify that:
We hereby consent to the recordation of the plan of condominium pursuant to Section 1350 et seq. and
Chapter 1,Title 6. Part 4,Division Second,Californla Civil Code,consisting,of-
(t) The description or survey map of the surface of the land included within the project, as such
description or survey map is set forth upon or constituted by that certain Certificate of
Complianco No. 11-020 recorded on October 26, 2011 as Doeurnent Number 20,1 1 0005 3 7042
referen.ci.ng Parcel 1 of map recorded in book 96,page 30 of parcel maps, Records of the county
of Orangc, state of California, on May 6, 1977 and as shown on the condominium plan for
Huntington Harbour Village attached hereto and incorporated herein("condominium plan"), and
(2) This certificate.
All terms used in and shown on the attached Condominium Plan that are not:othenvi%e defined h-ercin arc
defined in the declaration of Establishment, of Covenants. Conditions and Restrictions of Huntington
Harbour Village ("Declaration") being recorded concu.rrcntly hcre-,vith, as the Declaration may from time
to time be further amended, modified or supplemented.
_\d-
R.ECOKI) OWNERM:
Huntington Mobile Home Investments,LLC,
a Cali forni• li ited liabil'a con any
Ry
Therese L. Hotvcdt,Agent for Manager
isi.gnatures continued on following page
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 06/18
Reeerde0 to 0111clQ1 Records.Orango county
By Tom Daly, Clark-Recorder
NHS 1.11.I10.I t lil'111111i1:11•llkl,`:1'1 il; 1B.00
2011000394349 03:07p,m 08/1011
93 401 C17 5
REC0RDIING BY
fl'.� 1 IIt!;t I�n'n► l,•.L.f 0000.00tt.aoo.ao1a000.o1)v_o0o.00
5700 Fleet Str.cl. Suite 110
Cnrlsltmd, CA 92008
All!)' I: Suc Loliin. [sLl.
Ah'VER JtEcow)INC; 1L1;III. TC):
lust%inc, �icaclt
2111 t \%lilt Strec-t
HLIM.111124101% 3c.+ch.C:'aan
.
n.P.�. t7H-7�t-pt ,rnr -,ROVt I:r.r-.Rvl ct FUIt k1?t'C►t1[�FI1'ti t ,,.
c: -FIFICA-11" cat"cc MELIANc_F
1CJ._1_I-t�20
Humilt-1011 Nlubilc Homo lm�!Niments. LLC, it Colif'011118 litt]itecl li:+hllfty
with an address of IIUO Newport Cixter Drive. Suitt: 150,
Newport Bc;tch,(.alifoniin 9 660
;'3�„ Irrlil�n: Rt,,d propell:y located in the City of i lu%ltington Beach, Crntnty of C)rangc.
Sta%e a('C:aliforni�+., known as Narct:l 1 of pttreel ,\lap recording in Book 96
P;+ge 30 01' Parcel Nlap in the office of the recorder of "id C1rau�.c
("k�+mt,. on May 0, 1977. as is lliorc pal-ticularly described on 1'xlubit "A"
uthi depictr 1 lu: )'',hihit "«" hereto ;tmi ircorpi..)mtud he.rcnt.
VumbeT: 1 7K-7 l A)I
l 10400 >aybruLA Lane. Humington Beach, Cull1`0111ki 9049 (east mdc o
' ttybrook I.t)r.c,south of Edinger Avenue wld 1)0111)01'1 toil At t mle)
I'Ica>r, he ad i•etl than the above r.forelwed p►'Pt?erty has resulted from ;t Taft ',V3ik'c; Il.1r 111W
;.dl?+:,:r I�' n diviv1ol] i]] Cpnlplititl�;r Seciinn 66428 ol'lllu Slate Suhtlisi�ii>n �l.a+ '.k1
Ulc pnntsiuu ctl'the C'lty e►f I{e.lnulTgl,v: Beach relating t0 111C wulver o(i) I'm;+l or !';%feel I\lah l'or
The of a lnnhilelwxiit ! hark from rental 10 resident cmwd. Thcreforc, the subject
I: in Lnompll.tnce with Section ('6499.35 of tilt! Slate SUbdivi ion clap Act and 01t:
I!t.lntin> tun ltcncil Z.ultiilg and 5ubdlvi;ion Ordinance(1'IBZSO).
fill, .:crttli�att: 011
rchttes ut11; tv issues of compliance or Ttoncon11314Mcc vvit.h the Sta> SuhtltvI b
Nl,►p Act an.1 local dl'CIIllallce', Gt lc;leti 11111'tiUalnt thereto. Tttc Parcel described Uurcin shall 11t:
c1c-k7wcd to be in ctrmpliance with the State Subdivision Map Act or ally IOU) ordinance macic;l
hurK,.1,11A llwrcto only for 11-w purposes of salt+, lease or Fmuncing, Developmenl ttl' the parcel: .
;.:, .,.11111c I;;�IlatlCe I,iI a I?Cnlllt or hermits,or(_)J1Cl" or y1":Illh of al►l?rrtTal.
lhi� LI��culttel,t pc1111ini l,) the ;rutty of thi tiuh,lct:t I1rOpCl'l) as ;t legal
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 07/18
mobile home (or manufactured hone)park only and all existing and proposed structures on the
property remain subject to the requirements of the 'Huntington :Beach Zoning and Subdivision
Ordinance, Uniform Building Codes and other applicable Federal, State and City requirements.
This Certificate of Compliance is recorded with the County Recorder's office in order to record
the legal status of the above-referenced property. 'If you have any questions regarding this meter,
please contact the City of Huntington Beach.
This Certif cote of Compliance is being executed on behalf of the City of Huntiingtou Beach by:
Ethan Edwar
Associate Planner
The undersigned hereby certifies that it is the record owner of the above.referenced property
proposed for a Certificate of Compliance and hereby acknowledges, authorizes and consents to
the recording of this Certificate of Compliance.
Huntington Mobile Home investments, LI-C,
a Californi 1'- ited liability mpany
.B ,
Therese L. Hotvedt, Agent for Manager
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 08/18
TENANT IMPACT REPORT
HUNTINGTON HARBOUR VILLAGE MANUFACTURED
HOME PARK
16400 Saybrook Lane
Huntington Beach, CA 92649
Suhmilled hy:
The Loftin Firm LTY
5760 Fleet Street, Suite 110
Carlsbad, California 92008
Tel: (760) 431-211 I.
Fax: (760)431-2003
www.loftinfirm.com
M:\Huntington Fl¢rhnur\460-TiRTItmtingon T-Rlrbour-nR Y38,Doc
03/14/2014 16: 21 7604312003 LOFTIN FIRM PAGE 09/18
TABLE OF CONTENTS
SECTION I. PURPOSE OF THE TENANT IMPACT REPORT
1.I Change of Method of Ownership From Investor/Operator Owned to Resident
Owned Community
1..1,1 Change of Use Will Not Result in Resident Removal from the Park.
1.1.2 Change of Ownership Rather than Traditional Change of Use
1.1.3 Applicable Code Section for 1.1.1
1.2 Resident's Option to Purchase
1.3 Definition of Resident(s)
1..3.1 Resident or Resident(s)
1.3.2 Categories of Resident Households within the Park
1.4 Description of the Park
SECTTON 2. RESTDENT'S CURRENT POSITION/RIGHTS
2.1 Current Occupancy
2.2 Residents' Current Tenancy Rights
SECTION 3. RESIDENTS' RIGHTS UPON CONVERSION
3.1 Impact of Conversion
3.2 Benefits of Conversion for Both Renters and Buvers
3.3 Other Tax Benefits
3.4 No Actual Eviction
3.5 Rental Rate .Increase:No Economic Displacement
3.5,1, Low-income households
(a) Rent Increase formula
(b) Application Process
(c) Comparison
3.5.2 Non-Low Income Households
3.5.3 Effective Date of Map Act Rents
3.6 Conversion Date
3.7 Conclusion:No Actual or Economic Evictions
SECTION 4_ EFFECT OF CONVERSION FOR RESIDENTS PURCHASING A
CONDOMINIUM UNIT
4.1. Benefits of Purchase
4.2 Laws and Regulations Controlling Park after Conversion
4.3 Age Restriction
SECTION 5. CONDOMINIUM INTEREST—NINETY (90)DAY PUGHT OF FTRST
REFUSAL
5.1 Condominium Interest
5.2 Right of First Refusal
5.3 Legal Notices
Pagc i of ii
MAT-Lumingwn Harbour1460-I'm\Huncingon Harliour TIR V3a.Doc
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 10/18
SECTION 6. SURVEY OF RESIDENTS
6.1 Resident Survey (Demographics)
6.2 Form of Survey
6.3 Survey Results'
SECTION 7. INTENT TO SELL ALL SUBDIVIDED INTERESTS
SECTION 8. CONCLUSIOIyl.
Exhibit"A" California Gov6rntnent Code Section 66427.5
Exhibit"B" Rent CaleulatiOns for Low Income Households
Exhibit"C" Sample CaleulAtion of Rent Increase for Non-Low Income Households
Exhibit"D" Sample Grant Oced
Exhibit"E" Fon-n of Petition
Page ii of ii
MAliuntington Hprtiour\46U-T[R.\Huntingoni Harbour TTR VIR.Doc
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 11/18
EXHIBIT "B"
Rent Calculations for Low Income Ro iseholds
The following is an example only of formula applicable to low income household rental
increase calculations- This exhibit is provided for illustration of the fon-nula in the Map Act
Protection Plan, only. The numbers used are NOT intended to reflect actual numbers for your
Park.
STEP#1_. Calculation of year average rent increase.
Rent increase Rent Increase Rent Increase Rent Increase Total Amount Divide
2006 2007 2008 2009 of Rent Total
Increase Amount by
4=
Maximum
Rent
Increase
$ 1.5.00 $ 9.00 $ 4.50 1 $ 3.50 $ 32.00 $ 8.00
Under this Example,the MAXIWM RENT INCREASE for as long as the Resident lives in the
Park is:
Eight Dollars ($ 8.00)
STEP#2. Determine the Consumer Price Index("CPI") and the rent increase
which would result from multiplying the CPT x the Base Rent.
If the CPI is 3% and when you multiply your base rent times 3%the result is $ 5.00, then your
rent increase would be $ 5.00.
If the CPT is 8% and when you multiply your base rent times 8%the result is $ 13.00, then your
rent increase would be $ 8.00.
Pass-throughs,hardship .rent increases or other expense add-ons to base rent are not allowed
under the Map Act Rent Protection Plan.
Exhibit"B"
03/14/2014 16: 21 7604312003 LOFTIN FIRM PAGE 12/18
This Document was electronically recorded by
First American NHS Rancho Cucamonga
Recorded in Official Records,Orange County
-� � �•� ���� , /� Tom Daly,Clerk-Recorder
,r
RECOLtDM."i�EQUBSTED BY: 11101111111 loll 11l111I1 150.00
•,
2012000025066 04:24pm 01/17112
!yr..+,+,r:;1�};�; i'•`� isIrS 404 D0249
,� 1.00 0.00 0.00 0,00144A0 0.00 0.00 0.00
WHEN RECORDED MAIL TO:
Burnham USA Equities,Inc.
1100 Newport Center Dirive,Suite 150
Newport Beach, California 92660
Attu: Therese HOtvedt
APN: 1,78-751-01..•..,. — -_-�—� Space Above this Line far, Recorder..
DECLARATION OF ESTABLISBMENT
OF COVENANTS, CONDITIONS, AND RESTRICTIONS
IIUNTINGTON HARBOUR VILLAGE
H.imfingtun Harbour Village
Declaration
03/14/2014 16:21 7604312003 LOFTIN FIRM PAGE 13/18
13.8. Conflict. If there is any conflict between any provisions of this Article and any
other provisions in the Goveming Documents, including, but not Urnited to this Declaration or the
Bylaws of the Association, the language cm).tained in this Article, 'Trotecti.on of Lenders", shall
control.
AMCLL X1V
BREACH
14.1 Right of Entrv. Violations of any of the provisions, conditions, restrictions,
covenants, easements or reservations contained herein shall give to the Association the right to enter
upon the'Unit upon or as to which such violation exists and to abate, remove or repair such violating
itezn(s) at the expense of the Owner. Such entry shall be made only after three (3) calendar days'
notice to said Owner. The Declarant, Association or their respective representatives or succc4sors
shall not thereby be deemed guilty by any Owner of trespass by such entry, abatement or.removal..
14.2 Nuisance. The result of every act or omission, whereby any provision, condition,
restriction, covenant, easement or reservation herein contained is violated, in whole or in part, is
hereby declared to be and constitutes a nuisance, either public or Private. The Declarant,
Association or their respective representatives or successors shall have the power to enCorce the
terms of this Declaration.as permitted under applicable.law bi order, to remedy such nuismico. Such
remedy shall be deemed cumulative and not cxclusive.
14.3 Right of Lien.Folder. A breach of any of the provisions, conditions, restrictions,
covenants, easements or reservations herein contained shall not affect or impair the lien or charge Of
any botia fide First Lender or First Mortgage, made in good faith acid for value, on any of the Units.
,However, the Owner or a subsequent Owner of the Unit shall be bound by these provisions,
conditions, restrictions, covenants, casements and reservations, whether such Owner's title was
acquired by foreclosure,trustee's sale or otherwise.
1.4.4 Enforcement. In the event of a breach of any of the provisions, conditions,
restrictions, casements, covenants or restrictions hereby established which is continued for tbirty
(30) calendar days, the Association or its agents or assigns, any Owner and his or her agent or
assigns and rights of enforcement as specifically set fibith on behalf of lien holder and the County,
may enforce any and all of the terms and conditions of this Declaration. It is hereby declared that
damages at law for such breach. are inadequate. The restrictions provided for Hereunder bind all
Owners.
ARTICLE XV
AMENDMENT
15.1 Amendment by Members. Subsequent to the close of the first escrow for the
purchase of a. Condominium, each and all of the covenants, conditions and restrictions contained
herein may be modified; amended, augmented or deleted by (i) an affirmative vote (in person or by
written ballot) of the Members representing sixty seven percent (67%) of the voting power of the
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Association .and sixty seven percent (67%) of the votes of Members other than Declarant, or (h)
prior to the conversion of Class B Memberships converting to Class A Memberships., an affirmative
vote (in person or by writter. ballot) of sixty seven percent (67%) of each class of Memberships,
and such prior approval of the holders of Eligible Mortgage Holders as may be required by Section
1.3.4 which may then be of record as valid encumbrances against said Community or any part or
portion. thereof, subject only.to the qualification that the percentage or voting power necessary to
amend a specific clause or provision shall not be less than the prescribed,percentage of affirmative
votes required for action to be taken under such clause or provision; and further, only after approval
by the DRE pursuant to Califon a Business and Professions Code Section 11018.7, if the
Community remains subject to a valid and active Vinal Public Report (as may be amended or
extended.). Said amended .Declaration or amendment of Declaration shall not be effective for any
Purpose unless and until recorded in the vice of the County Recorder, but shall thereafter be
conclusive and presumed to be valid as to anyone relying thereon in good faith. The written
approval cndorslxi on any such amendment and acknowledged by a notary, shall be sufficient
compliance with the provisions of this Section.. Notwithstanding anything to the contrary comatned
i.n this Declaration, any amendment to the Condominium flan shall satisfy the requirements of
California Civil Code Section 1351(c).
15.2 A>awndment by Declarant. Prior to the close of the first escrow for the purchase of
a Condominium! Declarant shall have the absolute light to amend or terminate this Declaration by
executing and recording the desired. arnendrnetat or termination thereto niter receiving prior written
approval of the 17RE and any other state administrative agency then having regulatory jurisdiction
over said Community, mid the recording of said.amendment or termination Shall be presumed to be
valid as to anyone relying thereon,in good faith.Notwithst�.ndine any other provision of this A.rtidle
XV,, Declarant, l;or so long as Declarant owns any portion of the Community, may unilaterally
a>uend this Declaration or by recording a written instarumcrnt signed by the Declarant to: (i) ccan.form
this Declaration to the rules, regulations or requirements of VA, FHA, DR.E, Fannie Mae;, or
Freddie Mac; (ii) amend, replace or substitute any Exhibit for any pm-pose to the extent that the
Exhibit affects portions of the Community that have not yet been conveyed to the Association or
individual Owners, as applicable; (.i.ii) amend, replace or substitute any Exhibit to correct
typographical or engineering errors; (iv) include any Exhibit that was inadvertently omitted from
the Declaration at the time of recording; (v) comply with. any County, State or federal laws or
regulations; and(vi) correct any typographical en-ors.
15.3 �i`a>t•,r>,tanroval of Eligible_Mortgage Holders. Upon the sale of the first Unit to an
individual Owner,the approval of First Mortgage Holders on fifty-one (51%) of the Unitas subject to
a First Mortgage shall be required (i) to amend any portion that is of a material adverse nature; to
First Mortgage Holders; (li) to materially amend any provisions of this Declaration or the Bylaws or
to add any material provisions thereto which establish, provide for, govern, or regulate any of the
following: (1) voting of the Membership; (2) Assessmen.ta, assessment liens or subordination. of
such liens; (3) reserves for mai_ntcnance, repair and replacement of the corninon elements; (4)
insurance or fidelity bonds (if tiny); (5) rights to use the Conunon Areas (provided, however, this
does not li.tnit the Association's ability to impose reasonable Rules and.:Regulations relating to the
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Area, excluding the Exclusive Use Areas appurtenant to other Units. The Common Area
appurte►a.aat to each Unit is declared to be ;permanent in character and cannot be altered without
consent of all Owners affected, as expressed in an amended deelamtion. Each Owner. may use the
Common Areas, except the Exclusive Use Areas appuitenant to other Units, in accordmtce with the
purpose for which they are intended without hindering the exercise of or encroaching upon the
rights of any other Owner.
2.5. Owimir's Rights of EnjoyMent of Commo Area. Every Owner. shall have a ngbt
and cascrment is and to the Common Area, except the Exclusive Use Areas appurtenant to other
Units, which shall be subiect to thefolloxi,ng provisions:
(A) he.right of die Association to suspend the voting rights and the right to use
the recreational facilitics, by an Owner for any period during which any Assessment against his
Condom.iniurn remains unpaid;and for, a period not to exceed thirty(30) calendar days for any non-
continuing infraction of the Govem.i.ng Docu rents Or if the infraction. of the Governing Documents
continues, then. for the duration of such, infraction; provided, however, the Owner is given notice
And a hearing by the Board of Directors of the Association which satisfies Caljarnia Corporations
Code Section 7341.
(8) The right of the Association to impose a monetary penalty upon an Owner to
r.errnburse the Association for costs ,incurred by the Association to repair any damage to Common
Areas or facilities as a result of or condition caused by violation of any of, the limitations,
restrictions, conditions and covenants by such Owner. This right shall be in addition to charges
imposed against an Owner because of delinquent Assessments and/or charges to reimb-lirse the
Association for loss of interest a.nd fo.r costs reasonably incurred. (including attom eys' fees) in its
effort to collect delinquent Assessments.
ARTICLE Ii,I
MEMBEF,91411?LN THE ASSOCILATIO�
3.1. Oualiiication. The Owners of the Units shall constitute an owners Association.
Each owner of a Unlit, including Declarant, shall be a member of the Association. The Assoc.iatiora
membership shall be appurtenant to Unit ownerships, and each. Owner of a Unit shall automatically
be a member of the Association. Ownership of a Unit within the Community shalI be the sole
qualification for inetribersh,i.p in the Association. Each Owner shall remain a Member of the
Association until its ownership interest in the Unit in the Community ceases, at which time its
anembcrship in the Association shall automatically cease. Persons or entities that hold an.interest in
a Unit merely as security for performance of an obligation are not to be regarded as Members.
(A) Age _Restriction. The Community is "age-restricted" per the guidelines of
the Housing for Older Persons Act of 1995, as amended by Public :Law 104-76. Regardless of
whether the CondoMirlium is Owner-occupied or Tenant-occupied, the persona residing in the
Condominium must meet the age requirements set fortli herein, in die above-referenced act and the
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Policies Older Persons Mousing Designation. Accordingly, at least one (1) person must be a
Qualifying Resident, meaning they trust:be fifty-five (55)years of age or older. All other occupants
must be either a Qualified Permanent .Resident or otherwise be approved by the Board of Directors
in accordance with the Policies for Older Persons Housing Designation, which shall further define
and outline the age restriction requirements.
(B) lL7,3ryptzl.<tre:z to the Age Restij.efjon, Exceptions to the age restriction policy
are .get forth in the Policies for Older Persnma Housing Designation, as may be amended by the
Board from tithe to time.
(C) Prior Auarrov-al_ of Pcosyective Purchasers a d Occupants. The: Board,
either directly or through a management ampaay, if any, shall have the right, but not the
obligation, to require that any and All potential Residents obtain approval prior to a prospective
purchaser's purchase or prospective occupant's residing of a Horne that will remain in the
Community. Approved cannot be wid-ibold,if the prospective purchaser or occupant has the financial
ability to pay the .Assessments provided for Herein and satisfies, the age requirements provided for
herein, unless the Board reasonably determines tEwt the persons who will reside in the Home do not
satisfy the age restrictions set forth Herein, or that based on Uic prospective purchaser's pnor
residencies, he or she will.not comply with the Governing Documents of the Community.
3.2. Control.of Common Area. The Common Arca,excluding the Exclusive Use Areas,
shall be managed and controlled by the Owners in common through their nieznhership in the
.Association,. The Association shall have the responsibility to manage and maintain, or cause to 'be
maintained, all of the Common Area, excluding the Exclusive'Use A.rC)a.;, in a state of Hig1.i quality
so as to keep the whole Community in a.first-class condition and hi a good state of repair.
3.3. Admixfstntion of the Community. The Owners, together with all parties bound
by this Declaration:, covenant and agree that the administration of the Community shall be in
accordance with the provisions of the t,ovcrning Documents, and. amendw.elits, changes and
modifications thereto, as may come into effect from time to time. In the event of any inconsistency
between. the provisions of thiQ Declaration and the provisions of the Bylaws or said Rules and
Regulations, the provisions of this Declaration shall prevail. To the extent to which the provisions
of the Bylaws slid Rules and Regulations arc consistent with this Declaration, each and every
provision,in the Bylaws acid the Rules and Regulations are incorporated bcrein by this reference mid
made a part hereof as though set:forth verbatim.
3.4. Suspension,of:Priivileges. The.Board shall.Have the right to suspend any Owner's
immnbership in the Association,pz'ovi.ded that such,suspension is done in good faith and in a fair and
reasonable manner and is consistent with California Corporations Code Section 734.1 and
California Chid Code Section. 7363, The Board shall, follow the process for suspension of an
Owner's membership in the Association or any other remedy sought against an Owner as is outlined
in the Policies and Procedures and Ctalifbrnia. Civil Codc Section 1363.
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3.5. Indemnlfica.don�_if'or Performance of 1Dutim >Kvery Director, Officer and Member
of the Association shall be indemni;lied.by the Association against all reasonable costs, expenses
and liahilities (including attorneys' fees) actually, reasonably and necessarily incurred by or
imposed upon such Persons in connection with any claim, action, suit, proceeding, investigation or
inquiry of whatever lsature in which such Director, Officer or h1ember may be involved as a party
or otherwise arising directly from having been a Director, Officer or Member of the Association,
whether or not such Persons contir►ue in such capacity at the time of the incurring or. imposition of
such costs, expenses or liabilities. Such indemnification shall not apply to matters as to which lie or
she shall be finally adjudged in such action, suit, proceedings, investigation or inquiry to be liable
.for willfut misconduct.or negligence toward the Association in the perfonnance of his Or b.er duties,
or ui the absence of such. final adjudication, to which a determination has been made of such
liability by the opinion of, legal counsel selected by the A_ssociat:ion. The foregoicag right of
indemnification shall be in addition to, and not in limitation of, all rights to which such persona may
be entitled as a matter of law and shall inure to the benefit of the 'legal representative of such
Person.
3.6. Transfer of Memkfarsh.iu. The Association membership of each Owner shall be
appurtenant to the Condominium giving x:ise to such membership and shall not be assigned,
transferred, pledged, hypothecated, conveyed or alienated in any way, except upon the transfer of
title to said Condorninium and then only to the.transferee of title to said Condomnium. Any attempt
to make a prohibited transfer shall be void. Any transfer of tittle to a Condominium shall operate
automatically to transfer appurtenant membership in the Association to the new Owner of the
Condominium.
3.7. ig2 nr.encemenf of Voting l i.gt1s. An Owner's right to vote, excluding Declarant,
shall commence upon the close of escrow transferring title of the Unit to Owner(s)_ Deelarant's
voting rights shall commence upon the close of escrow transferring title to the first unit to an Owner
other than Declarant, All voting riglil:s shall be subject to the restrictions and limitations provided
for herein and in. the other Governing Documents, provided, however, that no restriction or
limitation set forth in any of the Governing Documents shall preclude the Declarant :from, casting
votes attributable to Units owned by Declarant.
3.8. Number of Votes. The Association shall have two (2) classes of voting membership
as described below. The voting rights described in Sections 3.8(A) and 3.8(B) below shall
constitute the voting power of the Association:
(A,) Class A Members. Class A Members shall be all Owners, with. the
exception of Declarant (until the conversion of Dectara»t'a Class 13 membership to a Class A
membership as provided in Section 3.8(B)below), and shall,be entitled to one(1)vote for each Unit
owned. When more than one (1) person holds au interest in any Unit, all such persons shall he
Members. The vote for such Unit shall be exercised as they among themselves dctennine,but in no
event shall more than one(1)vote be cast with respect to any Unit.
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(B) Class B Members. Class B Member(s) shall be Declarant, who shall be
entitled to one(1.)vote;for each Unit owned. The Class B membership shall cease and,be converted
to Class A membership on the happening of the earliest of the following to ocel
(a) Seventy-five.percent (75°l0) of the Units have beetn sold by Declarant
to an Owner,, other than Declarant;or
the Community. (b) The second, anniversary of the first conveyance of a Unit interest in
As long as Class B mem,berslv.p exists, no action'by the Association that must have Oe prior
approval, of the Association Members shall, be deemed approved by the Members unless approved
by the appropriate percentage of Class A and Class B Members, Upon conversion to a single Class
A voting membership, any action by the Association that must have the prior approval. of the
Members will require approval by at least a,majority of. the Members of the Association. including
at least a majority of Members other than.Declarant.
ARTICLE TV
BOARD OF Q11RECt'OgS
4J. Gpnerally. The Board of Directors shall consist of five(5)members, die majority of
which shall be appointed by the Declarant until such.time as Class 13 Members convert to Class A
Members, and the remaining members of the Board of Diroctors shall be Residents of the
Community and be elected by the Members. Upon the conversion of Class B Members to Class A
Members and:for. as long as Declarant owns ten percent(10%)of the Unitas or more,Declarant shall
have the right to appoint one(1) person to the Board of Directors.
The Board Members shall serve two (2) year tt=s; however., those mem.hers of tlae Board
appointed by the Declarant at the Organizational Meeting (as defined in Section 4.2 of the Bylaws)
shall serve an.initial terra of two (2) years and the initial members elected by the Class A Members
shall serve an initial term of one (1.) year. At each annual meeting thereafter, the positions held by
the Board..Mcanbers whose terms have expired shall be filled by a vote of the Members or appointed
by the Declarant as applicable. Other than .Board Members appointed by the Dcclw-ant, each.Board
Member may only serve two (2) consecutive two (2) year terms. The.Bylaws shall set forth the
provisions relating to the election, removal and xeplaccment of the Board,of Directors.
7'a assure resident Owners' representation on the Hoard, not less than twenty percent (20%)
of the members of the Board shall be elected solely by the: votes of the Ownen, other. than.
Declarant, at all elections for so long,as a majority of the voting power of the Association resides in
Declarant.
4.2 Meetings. The Board of Directors shall meet at least monthly, in accordance with.
the Bylaws; provided, howevea-, that the Board of ,Directors may elect, by resolution, to hold
R.c gWar meetings on a more frequent basis. The Board of Directors shall also meet at the call of the
ilunlin�tnm Fiarbr►Yir�iflx�e Page Xt of 39
Dedsireliun