HomeMy Public PortalAbout08-1401Ordinance No. 08 -1401
Paget
In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a
reasonable likelihood of success as determined by the decision - maker, is in place to
convey the majority of the lots to current residents of the park within a reasonable period
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ORDINANCE NO.
AN ORDINANCE OF THE
CALIFORNIA, CONCERNING
RESIDENTIAL CONVERSIONS
08 -1401
CITY OF CARSON,
MOBILEHOME PARK
THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Carson Municipal Code § 9209.1, is hereby amended, in its entirety, to read as
follows (new text highlighted in red or underlined):
"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 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 new
rental units to replace units lost due to conversions; to protect the existing rental housing
stock by reducing conversions; to ensure that conversions of mobilehome parks to
resident ownership are bona fide resident conversions in accordance with state law; and
to generally regulate projects in accordance with applicable general and specific plans
and with the public health, safety and welfare."
SECTION 2. Carson Municipal Code § 9209.3, is hereby amended, to add a new sub - section
2, entitled "Survey of Residential Support," and to re- number the subsections there after in seriatim
order, and to read as follows (new text highlighted in red or underlined):
"2. Survey of Residential Support. A survey of residential support conducted in
compliance with subdivision (d) of Government Code § 66427.5. The subdivider shall
demonstrate that the survey was conducted in accordance with an agreement between the
subdivider and an independent resident homeowners association, if any, was obtained
pursuant to a written ballot, and was conducted so that each occupied mobilehome space
had one vote. The completed survey of resident support ballots shall be submitted with
the application. In the event that more than one resident homeowners association purports
to represent residents in the park, the agreement shall be with the resident homeowners
association which represents the greatest number of resident homeowners in the park. For
purposes of determining whether a proposed conversion is a bona -fide resident
conversion, the following criteria shall be used:
(a) Where the survey of resident support conducted in accordance with
Government Code Section 66427.5 shows that more than 50% of resident households
supports the conversion to resident ownership, the conversion shall be presumed to be a
bona -fide resident conversion
Ordinance No. 08 -1401
Page 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, 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. 07-
1401 passed first reading on February 6, 2008 was duly and regularly adopted by the City Council of said
City at a regular meeting of said Council, held on the 19th day of February, 2008, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mayor Dear, Santarina, Williams, Gipson and Davis - Holmes
None
None
None
�L.
City Clerk, City of arson, California
ORDINANCE NO. 08 -1401
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 § 9209.1, is hereby amended, in its entirety, to read as
follows (new text highlighted in red or underlined):
"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 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 new
rental units to replace units lost due to conversions; to protect the existing rental housing
stock by reducing conversions; to ensure that conversions of mobilehome parks to
resident ownership are bona fide resident conversions in accordance with state law; and
to generally regulate projects in accordance with applicable general and specific plans
and with the public health, safety and welfare."
SECTION 2. Carson Municipal Code § 9209.3, is hereby amended, to add a new sub - section
2, entitled "Survey of Residential Support," and to re- number the subsections there after in seriatim
order, and to read as follows (new text highlighted in red or underlined):
"2. Survey of Residential Support. A survey of residential support conducted in
compliance with subdivision (d) of Government Code & 66427.5. The subdivider shall
demonstrate that the survey was conducted in accordance with an agreement between the
subdivider and an independent resident homeowners association, if any, was obtained
pursuant to a written ballot, and was conducted so that each occupied mobilehome space
had one vote. The completed survey of resident support ballots shall be submitted with
the application. In the event that more than one resident homeowners association purports
to represent residents in the park, the agreement shall be with the resident homeowners
association which represents the greatest number of resident homeowners in the park. For
purposes of determining whether a proposed conversion is a bona -fide resident
conversion, the following criteria shall be used:
(a) Where the survey of resident support conducted in accordance with
Government Code Section 66427.5 shows that more than 50% of resident households
supports the conversion to resident ownership, the conversion shall be presumed to be a
bona -fide resident conversion
(b) Where the survey of resident support conducted in accordance with
Government Code Section 66427.5 shows that at least 35% but not more than 50% of
residents support the conversion to resident ownership, the subdivider shall have the
burden of demonstrating that the proposed conversion is a bona -fide resident conversion.
Ordinance No. 08 -1401
In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a Paget
reasonable likelihood of success as determined by the decision - maker, is in place to
convey the majority of the lots to current residents of the park within a reasonable period
of time.
(c) Where the survey of resident support conducted in accordance with
Government Code Section 66427.5 shows that less than 35% of residents support the
conversion ownership, the conversion shall be presumed not to be a bona -fide resident
conversion."
SECTION 3. Carson Municipal Code § 9209.3, is hereby amended, to re- number existing sub-
sections 2, 3, and 4 to follow sequentially after new sub - section 2, and to be re- numbers sub - sections 3,
4, and 5, respectively.
SECTION 4. 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 this 19th day of February
ATTEST:
Ott.- eit-
City Clerk Helen S. K wago
APPROVED AS TO FORM:
City Attorney
, 2008
Mayor Jim Dear
Ordinance No. 08 -1401
Page 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, 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 N o. 07-
1401 passed first reading on February 6, 2008 was duly and regularly adopted by the City Council of sa
City at a regular meeting of said Council, held on the 19th day of February, 2008, and that the same w i
e w
passed and adopted by the following roll call vote: was
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL
COUNCIL
COUNCIL
COUNCIL
MEMBERS:
MEMBERS:
MEMBERS:
MEMBERS:
Mayor Dear, Santarina, Williams, Gipson and Davis - Holmes
None
None
None
City Clerk, City of arson, f alifornia