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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 .• 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