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Ordinance Number 1049 ORDINANCE NO. 1049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND MUNICIPAL CODE AMENDMENTS, ADOPTING LAND USE CODE AMENDMENT (CA) 17-004, AND AMENDING SECTIONS 9- 3.101(a), 9-3.301(a), 9-3.301(b) AND 9-3.301 (c) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT WHEREAS, the City of San Juan Capistrano ("City") General Plan includes policies and goals for senior housing oriented development, and it establishes the City's objective to provide sufficient housing for senior residents; and WHEREAS, the City is committed through the General Plan Housing Element policies to preserving the City's existing affordable housing stock and to maintaining housing for special needs groups, such as senior citizens; and WHEREAS, one of the goals of the San Juan Capistrano General Plan is that the City will promote the maintenance and viability of existing mobilehome parks through the establishment of appropriate zoning and development standards; and WHEREAS, one of the goals of the San Juan Capistrano General Plan is that the City will assist in the provision of a variety of housing to meet the needs of the community; and WHEREAS, approximately 16% of the City's population is made up of persons age 55 years of age or older, which percentage is significantly larger than that of Orange County (12%) as a whole; and WHEREAS, approximately 12.4% of the City's housing stock consists of mobilehome units; and WHEREAS, the four (4) mobilehome parks in the City that have long operated as senior mobilehome parks provide an important source of affordable senior housing; and WHEREAS, the four (4) seniors only mobilehome parks represent approximately 583 spaces out of 1,223 spaces, or 47.6% of all mobilehome spaces in the City; and WHEREAS, in accordance with the provisions of Government Code section 65858, the City Council adopted Ordinance 1044, as an interim urgency ordinance placing a moratorium on the conversion of any mobilehome park currently existing 1 01049 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 (the "Moratorium") to assure the continued availability of affordable housing to residents of existing parks and to individuals over the age of 55 years; and WHEREAS, the Moratorium will expire on October 7, 2017. Should this Ordinance be enacted sooner than the MoratoriUrn's expiration date, the Moratorium will terminate on the day that this Ordinance goes in to effect; and WHEREAS, the City Council has determined that new regulations are necessary to protect the public health, safety and welfare of the citizens of the City, particularly those tenants or residents who are over 55 years of age in mobilehome parks within the special needs group; and WHEREAS, certain senior restricted mobilehome parks are faced with the threat of converting those facilities to all-age mobilehome parks, which would allow residents of any age to reside in that community, and such conversions to non-age restricted housing would result in the loss of existing predominantly senior only housing and is detrimental to the senior citizens of the community. Additionally, conversions to non-senior housing results in a loss of existing senior only housing available within the City, and this loss of affordable senior housing in the City creates a threat to the health, safety and welfare of the seniors in the City; and WHEREAS, the 2000 Census demonstrates that a senior citizen occupied housing unit will likely have fewer residents in the unit than if the unit housed only non-seniors; and WHEREAS, Table 26 of the California Travel Trends and Demographics Study Final Report that was issued to the Department of Transportation, Division of Transportation Planning, Office of State Planning, in December 2002, demonstrates that senior citizens are likely to make substantially fewer trips than non-seniors; and WHEREAS, that study found that individuals aged 55-59, 65-69, and 75-79 make 87.5%, 78.6%, and 64.5% less daily trips than those aged 40 to 44; and WHEREAS, in contrast to other senior housing in the City, mobilehome parks afford seniors the ability to live in their own homes rather than in apartments and provide a senior living community in a low-rise setting that typically provides a clubhouse for community events and socializing as well as recreational facilities inside the park so that the residents can easily walk to these facilities and events; and 2 01049 WHEREAS, many of the seniors living in these senior mobilehome parks enjoy having their grandchildren visit them in the parks and love children, but they, like the seniors without grandchildren, purchase mobilehomes 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 mobilehome being purchased was 55 years of age or older; and WHEREAS, the California Mobilehome Park Residency Law, the California Fair Employment and Housing Act, and the Federal Fair Housing Act each recognize the need for and value of senior housing by expressly exempting facilities in which 80 percent of the units are occupied by at least one person who is 55 years of age or older from the requirement to rent to families with children; and WHEREAS, while senior housing complexes in the City, other than senior mobilehome parks, are generally restricted to senior occupancy by conditions, covenants and restrictions, this is not always the case in senior mobilehome parks. The residents of those mobilehome parks have relied upon the representations of the park management and park owners that only seniors could purchase homes in those parks and obtain tenancies in those parks. These representations are often set forth in the leases or rental agreements they were required to sign upon purchasing a mobilehome in the parks and moving into the parks and in the rules of those parks, which the residents were also required to sign and acknowledge. Now some owners of senior mobilehome parks have indicated that they can, and may be 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; and WHEREAS, while the seniors now living in senior mobilehome 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 parks that now exist in the City could be greatly diminished or even eliminated. Since mobilehomes 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 mobilehome park in the City or surrounding areas that will accept re- located 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 mobilehomes, these seniors may no longer have sufficient funds to purchase a mobilehome in another senior park or other senior facility. Further, as the number of senior mobilehome parks 3 01049 diminishes, it will become harder and harder to find a mobilehome to purchase in a senior park in the City or surrounding areas; and WHEREAS, for the reasons set forth in the preceding recitals, the City Council finds it necessary to protect, enhance and encourage the preservation and enhancement of senior-only mobilehome parks through the adoption of this Ordinance; and WHEREAS, the Housing for Older Persons Act amendments to the federal Fair Housing Act, 47 U.S.C. §3607(b), and the provisions of the implementing regulations set forth in the Code of Federal Regulations (24 CFR §100.304(b)(4)) and the Appendix thereto (64 Fed.Reg. 16331) provide that a senior housing facility or community includes a municipally zoned area and that an area zoned by a unit of local government as "senior housing" satisfies the intent requirement of the senior housing exemption from the provisions of the Fair Housing Act prohibiting discrimination based on familial status; and, WHEREAS, the City intends that this Ordinance be consistent with, comply with and implement the federal Fair Housing Act as amended by the Housing for Older Persons Act and the California statues providing senior housing exemptions from statutes prohibiting discrimination in housing based on age and familial status; and WHEREAS, the subject Ordinance is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as it is simply maintaining the status quo of the existing use of a property; the activity is not a project as defined in Section 15378; and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the Development Services Director has reviewed the proposed project and has determined that the proposed Code Amendment is not a project and is not subject to the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.), the State CEQA Guidelines (Cal. Code of Regs., tit. 14, § 15000 et seq.), and the Environmental Review Procedures of the City of San Juan Capistrano and will file a Notice of Exemption; and WHEREAS, the City Council does hereby find that the Notice of Exemption has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.), the State CEQA Guidelines (Cal. Code of Regs., tit. 14, §15000 et seq.), and the Environmental Review Procedures of the City of San Juan Capistrano, and hereby directs staff to file said Notice of Exemption; and 4 01049 WHEREAS, on July 25, 2017, the City's Planning Commission held a duly noticed public hearing to consider the provisions of this Ordinance, and following the receipt of public comments and any written materials, the Planning Commission closed the hearing, reviewed and considered all the evidence presented and recommended the Ordinance to the City Council; and WHEREAS, on August 15, 2017, the City Council held a duly noticed public hearing to consider the provisions of this Ordinance and following receipt of all written and oral public comments, the City Council closed the public hearing, considered the evidence presented, and deliberated. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as if fully set forth herein. SECTION 2. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in a physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Orange in accordance with CEQA Guidelines. SECTION 3. Findings. a) The proposed Land Use Code amendment contained within this ordinance conforms with the goals and policies of the City's General Plan because it provides for the fulfillment of the General Plan's goals and policies, including Land Use Goal 7, which provides, "Enhance and maintain the character of neighborhoods," and Land Use Policy 7.2, which provides, "Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure." The proposed Land Use Code amendment will ensure that the seniors-only neighborhoods are maintained, and that 5 01049 the parks which were developed for seniors-only use, including limited parking and open space areas, remain compatible. b) The proposed Land Use Code amendment contained within this ordinance is necessary to implement the General Plan and to provide for the public safety, convenience, and general welfare of the City's residents. This Land Use Code amendment is necessary to mitigate the unregulated effects of the conversion of senior housing to non-senior housing, the potential shrinking of inventory of existing quality housing which is affordable for seniors, the increased environmental effects of non-senior housing and to prevent inconsistency with the General Plan and Development Code. No feasible alternative is available to satisfactorily mitigate or avoid these specific adverse impacts as well as or better with a less burdensome effect than the adoption of the proposed ordinance. c) The proposed Land Use Code amendment establishing a seniors-only overlay district for existing seniors-only mobilehome parks does not modify or impact the development code or standards of the Land Use Code, but solely restricts the conversion of an existing seniors-only mobilehome park to an all-age mobilehome park. d) The conversion of senior mobilehome parks to non-senior mobilehome parks will result in harmful environmental effects and the loss of existing affordable senior housing within the City. These effects present a threat to, and a specific adverse impact upon, public health, safety and welfare and the City's ability to provide safe and decent housing opportunities to senior citizens. This threat to and specific adverse impact upon public health, safety and general welfare that would result from allowing the conversion of senior housing to non-senior housing justifies the adoption of this ordinance e) The proposed Land Use Code amendment contained within this ordinance conforms with the intent of the City's Development Code and is consistent with other applicable related provisions thereof. f) This ordinance is necessary to mitigate the unregulated effects of conversion of senior housing to non-senior housing, the potential shrinking inventory of existing quality affordable housing for seniors, the increased environmental effects of non-senior housing and to prevent inconsistency with the General Plan and Development Code. No feasible alternative is available to satisfactorily mitigate or avoid these specific adverse impacts as well or better with a less burdensome effect than the adoption of the proposed ordinance. 6 01049 g) The proposed Land Use Code amendment contained within this ordinance is reasonable and beneficial at this time. h) This threat to, and specific adverse impact upon, public health, safety and welfare that would result from allowing the conversion of senior housing to non-senior housing justifies the adoption of an ordinance. i) California's Unruh Civil Rights Act (Civil Code § 51.1 et seq.) expressly allows private parties to establish housing for senior citizens and the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) expressly allows for "housing for older persons." j) On average, senior citizens make less impact on the environment than do non-seniors, as occupancy rates for seniors are significantly less than non-senior occupancy rates. Seniors also make substantially fewer trips than non-seniors, as seniors drive fewer vehicles, and therefore, they require fewer parking spaces per housing unit than do non-seniors. k) Based on the foregoing, all-age family mobilehome parks have a greater impact on the environment than do existing senior facilities. SECTION 4. Adoption of Senior Mobilehome Park Overlay District. A public hearing has been held before the City Council of the City of San Juan Capistrano, duly noticed and conducted pursuant to the Planning and Zoning Laws of the State of California. The applicable provisions of the Land Use Code and the Official Zoning Map, City of San Juan Capistrano, is hereby amended as provided for in Sections 5 through 11 below. SECTION 5. Amendment of Official Zoning Map The proposed MPH-SO Overlay District designation contained on the "Senior Mobile Home Park Overlay District Map" on file with the City, and bearing the file number as follows: Code Amendment 17-004 is hereby approved, and hereby adopted by the City Council and incorporated as part of the Official Zoning Map, City of an Juan Capistrano, provided in this Ordinance as Exhibit A. SECTION 6. Section 9-3.101, subdivision (a) of Article 1 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add the following: "(33) Senior Mobilehome Park Overlay (MHP- SO)". 7 01049 SECTION 7. Section 9-3.301, subdivision (a) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add as follows: "(15) Senior Mobilehome Park Overlay District. The purpose and intent of the Senior Mobilehome Park Overlay District is intended to preserve a variety and balance of housing types within the City, and it provides assurances that existing senior mobilehome parks within the Mobilehome Park District will remain exclusively available to seniors. The Senior Mobilehome Park Overlay District shall be designated by the symbol (MHP-SO) on the City of San Juan Capistrano Official Zoning Map. The (MHP-SO) designation applies to all of the four (4) senior mobilehome parks that exist as age-restricted in the City of San Juan Capistrano as of the effective date of this section." SECTION 8. Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add as follows: "(5) No Senior Mobilehome Park located within the MHP Senior District shall convert to a non-senior mobilehome park. At least 80% of the spaces in mobilehome parks in the Senior Mobilehome Park Overlay District shall be occupied by at least one person 55 years of age or older. If an existing mobilehome park met this qualification on January 1, 2017, and fell below the 80% percent requirement between that date and the effective date of this section, the Senior Mobilehome Park Overlay District shall be applied to that mobilehome park and that park shall be required to operate as a Senior Mobilehome Park by renting spaces and mobilehomes only when at least one occupant of the mobilehome is 55 years of age or older. The signage, advertising, park rules, regulations, rental agreements and leases for spaces in a Senior Mobilehome Park shall state that the park is a senior park. Spaces and mobilehomes in a mobilehome park in the Senior Mobilehome Park Overlay District shall be rented only to an occupant that meets the age requirements set forth in this Section, provided, however, that if any occupant of a space or mobilehome who does not meet this requirement rented the space or mobilehome before the effective date of this section, that occupant shall be allowed to remain, and provided further that when such occupant ceases to occupy a space or mobilehome, 8 01049 the mobilehome and space cannot thereafter be rented except to an occupant that is at least 55 years of age or older." SECTION 9. Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add "and MHP-SO" to the MHP column within Table 3-1. SECTION 10. Section 9-3.301, subdivision (c) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add "and MHP-SO" to the MHP column within Table 3-2. SECTION 11. Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code is hereby amended to add as follows: "(6) Land Use Regulations and Limitations on Rentals. a) At least 80% of the spaces in mobilehome parks in the designated Senior Mobilehome Park Overlay District shall be occupied by at least one individual aged 55 years of age or older. If an existing mobilehome park met this qualification on January 1, 2017 and fell below the requisite 80% threshold between that date and the effective date of this section, the Senior Mobilehome Park Overlay District shall be applied to that mobilehome park and the park shall be required to operate as a seniors only residential park by renting spaces and mobilehomes only to individuals where at least one occupant of the mobilehome or space is 55 years of age or older. b) Except as otherwise provided in state law, spaces and mobilehomes in seniors only residential parks shall be rented only to an occupant who meets the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code; provided, however, that if any occupant of a space or mobilehome does not meet the above specified age requirement for living in a park within the Senior Mobilehome Park Overlay District before January 1, 2017, such occupant shall be allowed to remain. When such occupant ceases to occupy any space or mobilehome, the rmobilehome and space cannot thereafter be rented except to an occupant who does meet the age requirement set forth in Section 9-3.301, subdivision (b) of Article 3 of Chapter 3 of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code and is 55 years of age or older. c) All signage, advertising, park rules, regulations, rental agreements and leases for spaces in a seniors only residential park in the Senior Mobilehome Park Overlay District must state that the park is a seniors 9 01049 only residential mobilehome park and must specify that such mobilehomes and/or spaces are only available for rent or lease by individuals such that at least one occupant of the mobilehome or space is aged 55 years of age or older. d) Each and every mobilehome park within the Senior Mobilehome Park Overlay District and designated as seniors only residential park must have procedures, as may be established and revised by the Director of Community Development from time to time, for verifying that it qualifies as a senior facility under applicable federal and/or state law, including documentation establishing that at least 80% of the mobilehomes or spaces within the mobilehome park are occupied by at least one occupant who is 55 years of age or older. These procedures shall provide for regular updates, through surveys or other means of initial information supplied to the City by occupants of the park. Such updates must take place at least once every two years commencing within 180 days following the effective date of this ordinance. Further, a summary of this occupancy verification documentation required to be maintained by the owner of a seniors only residential mobilehome park shall be available for inspection by the City upon written notice and request by the City." SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of San Juan Capistrano hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 13. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Dispatch, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. 10 01049 SECTION 15. Location and Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 32400 Paseo Adelanto, San Juan Capistrano, California 92775. The custodian of these records is the City Clerk. PASSED AND ADOPTED this 15th day of August, 2017. *KR 4K AYOR ATTEST: (I LW V/� �_V- M RIA MOR I I CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1049 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15th day of August 2017, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of September 2017, by the following vote, to wit: AYES: COUNCIL MEMBERS: Maryott, Patterson, Reeve, Farias and Mayor Ferguson NOES COUN .IL EMBERS: None ABSENT: IL EMBERS: None (I[�, (' mkRiA MOARIS'CIYY CLERK 11 01049 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 17th day of August 2017, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND MUNICIPAL CODE AMENDMENTS, ADOPTING LAND USE CODE AMENDMENT (CA) 17-004, AND AMENDING SECTIONS 9- 3.101(a), 9-3.301(a), 9-3.301(b) AND 9-3.301 (c) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT This document was posted in the Office of the City Clerk i� MIA MOR IS, -, ITY CLERK Sari.fuan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 8th day of September 2017, 1 caused to be posted a certified copy of Ordinance No. 1049, adopted by the City Council on September 5, 2017, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND MUNICIPAL CODE AMENDMENTS, ADOPTING LAND USE CODE AMENDMENT (CA) 17-004, AND AMENDING SECTIONS 9- 12 01049 3.101(a), 9-3.301(a), 9-3.301(b) AND 9-3.301 (c) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT This document was posted in the Office of the City Clerk t ( --,(C -i L., MARIA MOR I l Y CLERK San Juan Capistrano, California 13 01049 .�I ® � ._ �►�I►,`�1 !71111'11 ilr� � •-• • GM em p .i 1 j►►►► aw /,Lai a �• / dpi` l ',Iii�i�i _ � ,SII mom I r �4". n� � `'...ate � -�• � � illl iunumnm / ®= .... ® i • p@ Fac e:mmm�� PIP .. p .� -• a nu � 3 •: @_