HomeMy Public PortalAbout06-1358 i
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ORDINANCE NO. 06-1358 {
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AN ORDINANCE OF THE CITY OF CARSON,
CALIFORNIA, CONCERNING MOBILEHOME PARK
RESIDENTIAL CONVERSIONS
THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Carson Municipal Code § 9201.73 is hereby repealed, in its entirety, and a '
new Article IX, Chapter 2, Part 9, is hereby added to the Municipal Code to provide, in its
entirety, as follows:
"Section 9209.1 Purpose: The purpose of these provisions is to promote
greater individual choice in type, quality, price and location of housing; to
provide for the housing needs of all segments of the population; to provide I
increased homeownership opportunities for all segments of the population; to
mitigate the hardship caused by displacement of tenants, particularly those in
low to moderate cost housing and those who are elderly, families with minor
dependent children, the handicapped and the disabled; to promote the safety of {
conversion projects and correction of Building Code violations in such
projects; to provide adequate off-street parking; to encourage construction of l
new rental units to replace units lost due to conversions; to protect the existing
rental housing stock by reducing conversions; and to generally regulate
projects in accordance with applicable general and specific plans and with the
public health, safety and welfare.
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Section 9209.2 Applicability: The provisions of this Chapter shall apply
to all mobilehome park conversions and all tentative maps and preliminary j ..
parcel maps submitted for consideration subsequent to the date upon which this
Chapter becomes effective. j
Section 9209.3 Application Requirements:
A. Compliance with Law. A conversion project shall comply with the
Division of Land regulations in Article IX, Chapter 2 of the Carson Municipal
Code, the provisions of this Chapter, and local ordinances and other applicable
state laws such as Government Code §§ 66427.5 and/or 66428.1.
B. Information Required. In addition to the information required by other
applicable sections of this Code and other applicable law, the following
information shall be submitted at the time of filing:
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1. Building Plans. Building plans or other documents containing
the following information pertaining to the project and certified as to its
accuracy by a licensed engineer:
(a) a description of the features of the type of common area
building and project, including age, type of construction, number of dwelling
units, excluding manufactured housing units; and
(b) a site plan, including common area buildings, structures,
open spaces, and accessory storage areas and buildings including trash storage
areas; and the footprint of each manufactured housing unit and other dwelling j
unit(if applicable); and
(c) a parking plan, including the total number of spaces
actually provided and the total number required at the time of the original
entitlement of the mobilehome park if different from that actually provided;
dimensions of stalls, aisles and driveways; locations of columns, walls and
other obstructions; total number of covered and uncovered parking spaces and
location and number of guest parking spaces; and
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(d) a phase I and, if indicated from the phase I report, a phase
II environmental report; and
(e) a soils report, if that same is required by the County of Los
Angeles or indicated from the phase I report; and !
(f) a Department of Real Estate budget (Form No. 623, as the j
same may be modified form time-to-time), which includes, but is not limited to
information regarding: (i) the condition of park infrastructure and common
facilities and the necessity for any replacements of infrastructure and common
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area facilities or major repairs estimated for the remaining useful life; (ii)
building component reports indicating conditions and estimated remaining
useful life of the roof, foundation, plumbing, electrical, heating, air
conditioning, other mechanical and structural systems, prepared by a registered t
civil or structural engineer, licensed general building contractor, licensed
general engineering contractor or architect; and (iii) a reserve study estimating
the cost of replacing all these facilities over their useful life and a plan that
provides adequate funding for same; (iv)an estimate of the cost of all overhead
and operating costs of maintaining the park, including but not limited to,
t maintaining the park's open space areas over the next thirty(30)years; and
- ` (g) floor and elevation plans, including indications of
common and private areas (excluding manufactured housing units), and
required exits; and
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(h) all existing building inspection reports (if any such report
has already been submitted to the California Department of Real Estate, a copy
of such report shall be furnished to the City); and
(i) a structural pest control report,prepared by a licensed pest
control contractor for all common areas; and
(j) a utility report, if the spaces within a park are not
individually metered, confirming (i) the existence of adequate utility services,
and (ii) indicating the feasibility of individual or submetering, prepared by
qualified engineers; and
(k) all legal documents confirming the legal status of the park,
including but not limited to, documents (i) prepared for and defining the
powers and duties of the proposed homeowners' association, including articles
of incorporation, by-laws, and conditions, covenants and restrictions, and (ii)
any notice(s) from Department of Housing and Community Development of
claimed violations, and (iii) a general title report.
2. Tenant Impact Report. The Tenant Impact Report shall include
^ all information required by state law or by the provisions of this Chapter,
including the following:
(a) identify the anticipated time table for compliance with
Government Code §66427.5(a); and
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(b) identify the method and anticipated time table for making
rent determinations required by Government Code § 66427.50(1); and
(c) identify the number of tenants likely to be determined to
be subject to Government Code§66427.50(1); and
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(d) upon conversion, identify the number of tenants likely to 1
be determined to be subject to Government Code §66427.50(1) during the
period within five(5) years following conversion; and
(e) upon conversion, identify the number of tenants likely to
be determined to be subject to Government Code §66427.50(2); and 1'
(f) upon conversion, and during the period within five (5) E
years following conversion, identify the number of tenants likely to be j
r determined to be subject to Government Code §66427.50(2); and !
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(g) include an analysis of the then-feasible mitigation
measures to mitigate adverse impacts of the conversion on the ability of the
mobilehome park residents, if such residents so choose, to find adequate
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comparable replacement space in a mobilehome park. The mitigation
measures shall include all measures appropriate to assure that residents either
(i) not displaced by being given a reasonable opportunity to purchase in the
park or, (ii) if displaced, through relocation assistance services, are
substantially likely to be relocated to a comparable mobilehome park; and
(h) include a survey of resident support meeting the
requirements of Government Code § 66427.5, provided that the agreement i
between the subdivider and a resident homeowner association shall be subject
to reasonable review by the City prior to approval by any resident homeowner
association; and
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(i) include an analysis of how the subdivider will avoid the j
displacement of non-purchasing tenants by providing the phased increase to
market rent as outlined in Government Code § 66427.5, and include the same
in its tenant notice; and
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(j) include a showing that any assistance being provided to
tenants to assist with housing purchase and the extent to which such assistance
will be likely to permit purchase by eligible tenants, including as applicable,
assistance from private and public sources, including federal and state.
Subdivider shall meet with the City's redevelopment agency staff and/or
housing division staff to determine the resources in any public housing funding
which may be set aside to assist in purchase, including the conditions of such
assistance and which tenants can qualify and include this information in the
report.
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3. Resident Information: The following information shall be
requested, but cannot be required, for all existing residents:
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(a) name and address of each resident; and
(b) household size and total number of project occupants; and
(c) consistent with Government Code § 66427.5(f)(2), the
subdivider shall provide a rent schedule, for four (4) years preceding the
application date and relocation assistance plan, if any or if required by law; and
j (d) information concerning the number of residents in the park
who are moderate, low-income, and very low-income persons as defined by the
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U.S. Department of Housing and Urban Development; and
(e) information concerning the number of residents in the park
who are disabled or handicapped; and
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(f) information concerning the number of the residents in the
park who are.senior citizens as defined by law.
4. Required Submittals and Notices. No application for tentative
map or preliminary parcel map approval of a residential conversion project or a
residential to other use conversion project shall be accepted until the filing of
the Tenant Impact Report as required in Section 9209.3(B)(2); and without
adequate evidence from the subdivider that each resident of the project has
received notice of the application as of the date of application and notice of the
relocation assistance provisions of Section 9209.6 of this Chapter. Any person
who becomes a resident of a residential rental unit proposed for conversion I
project after the date of such application shall be given written notice by the
subdivider of the pendency of such application prior to entering into any
written or oral rental agreement.
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Section 9249.4 Tenant Notification:
A. Notice of Tenant Impact Report. The subdivider shall give existing
residents a copy of the Tenant Impact Report within fifteen (15) days of the
completion of such report, but not later than fifteen (15) days before the first I
public hearing pursuant to Section 9209.5, and shall also provide a copy to new 3
or prospective residents prior to acquiring their interest after initial distribution I
of such report.
B. Notification of Exclusive Right to Purchase. In addition to all
notification requirements by other provisions of state law, and by other
applicable law, the subdivider shall give each resident of any proposed
residential conversion project written notice of an exclusive right to contract I
for the purchase of the dwelling unit occupied by the tenant or purchase of a
share in the corporation entitling the shareholder to enjoy exclusive occupancy
of the unit upon the same or more favorable terms and conditions than those on
which such unit or share will be initially offered to the general public. The
right shall run for a period of not less than ninety (90) days from the issuance
of the subdivision public report pursuant to California Business and
Professions Code § 11018.2, unless the subdivider receives prior written notice
of the resident's intention not to exercise such right.
C. Residential Conversion Project -- Notification of Right to Continue r
Residency as a Resident In addition to all notification requirements by other
provisions of Code and by other applicable law, the subdivider shall give each
resident of any proposed residential conversion project written notice of right
to continue residency as a tenant in the park as required by Government Code §
66427.5(a).
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Section 9209.5 Tentative Map and Preliminary Parcel Map Approval:
A. Maps Subject to General and Specific Plans and City Ordinances
and Applicable Law. All tentative maps and preliminary parcel maps filed in &
connection with residential conversion projects shall be subject to the Division
of Land Regulations contained Article 1X, Chapter 2 of the City's Municipal °
Code, except as herein otherwise provided, all City ordinances and other
applicable law. All such maps shall be subject to the general plan and any
applicable specific plan. Pursuant to Government Code Sections 66427.5(e)
and 66474, the Planning Commission and/or City Council are authorized to
approve, conditionally approve, or disapprove a map. The Planning
Commission and/or City Council may impose such other conditions in excess
of those provided in this Chapter as are reasonably necessary to protect the
public health, safety and general welfare.
B. Inconsistent with General or Specific Plans. The Planning }
Commission and/or City Council shall disapprove a tentative map or
preliminary parcel map for a residential conversion project as required in the
City's Division of Land Regulations contained Article IX, Chapter 2 of the
Carson Municipal Code and Government Code Section 66474. j
C. Inconsistent with Zoning and Land Pattern. The Planning
Commission and/or City Council shall disapprove a tentative map or
preliminary parcel map for a residential conversion project where the
conversion would be inconsistent with either the existing zoning pattern or land
use pattern, unless it finds that there are special circumstances which justify I
approval of the map. Such circumstances may exist only with respect to the
following facts: (i) the prevailing pattern of residential and other use land use
in the vicinity of the project site; and (ii) the existing and anticipated need for
other use development in the planning area in which the project is located.
D. Violations of Code. The Planning Commission. and/or City Council
shall disapprove a tentative map or preliminary parcel map for a residential
conversion project if it finds that there are uncorrected violations of the
Municipal Code, or that the conversion plan will not protect the health and
safety and general welfare of residents, and that an adequate plan to correct
such violations or to correct the factors adversely affecting health and safety
has not been developed or accomplished.
E. Inadequate Tenant Impact Report. The Planning Commission and/or
City Council shall disapprove a tentative map or preliminary parcel map for a
residential conversion project if it finds that the Tenant Impact Report is
inadequate under the terms of Government Code § 66427.5 or the provisions of
this Chapter.
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Section 9209.6 Effective Date of Decision and Appeals '
The decision of the Planning Commission shall become effective and final
fifteen (15) days after the date of its decision unless an appeal is filed in #
accordance with Carson .Municipal Code § 9173.4. An appeal shall be
considered by.the.Council as provided in Carson Municipal Code § 9173.4."
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any 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 each
and every section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED on this 17th day of October, 2006.
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Mayor Jim Dear l `
ATTEST:
City Clerk Helen Kawagoel f
APPROVED AS TO FORM:
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City AttorneVWilliam W. Wynder
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I Helen S. Kawa oe City Clerk of the City of Carson California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance
No. 06-1358 passed first reading on September 19, 2006, was duly and regularly adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 17th day of October,
2006, and that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Ruiz-Raber, Williams, and Gipson
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Santarina
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City Clerk, City of arson,talifornia
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