Ordinance Number 1044 ORDINANCE NO. 1044
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A
MORATORIUM ON THE CONVERSION/CHANGE 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 AND
DECLARING THE URGENCY THEREOF, TO TAKE EFFECT
IMMEDIATELY
WHEREAS, the City of San Juan Capistrano, California ("City") is a municipal
corporation, duly organized under the constitution and laws of the State of California;
and
WHEREAS, California Government Code Section 65800 et seq. authorizes the
adoption and administration of zoning laws, ordinances, rules and regulations by cities
as a means of implementing the General Plan; and
WHEREAS, 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 (Goal 1 and Goal 2); and
WHEREAS, 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; and
WHEREAS, mobilehome parks represent one of the few affordable housing
options left for senior citizens that permit exclusive residence in a detached dwelling for
those individuals over the age of 55 years; and
WHEREAS, converting mobilehome parks from a "seniors only" to an all age
park would reduce the number of senior housing units available to those persons age
55 years and older; and
WHEREAS, mobilehome parks represent only 12.4% of the City's housing stock.
"Converting" mobilehome parks from "senior-only" to "all-age" parks would reduce the
number of senior housing units available to those persons 55 years of age and older.
Change from a senior-only to an all-age mobilehome park will unduly burden and
irreparably harm senior citizens within the community.
NOW, THEREFORE, 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
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and determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Urgency Ordinance as if fully set forth herein.
SECTION 2. Findings.
The City Council hereby finds, determines, and declares that this Urgency
Ordinance adopted pursuant to California Government Code Section 65858 is
necessary because:
A. 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.
B. 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 an all-age housing. Mobilehome 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. §3607(b)(1). Plaintiffs also argued that the ordinance was preempted
by the FHAA [Federal Law] because it required plaintiffs to take action that
the FHAA prohibited.
C. In 2012, the Ninth Circuit Court of Appeals issued a ruling in Putnam
Family Partnership v. City of Yucaipa (2012) 673 F.3d 920, in which it
determined 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 because the federal senior housing exemption applied and since
the FHAA's ban on familial status discrimination does not apply to
"housing for older persons."
D. 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.
E. Based upon the current state of the law, if a temporary moratorium is not
established, existing senior mobilehome parks in the City could be
eliminated.
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F. 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. At least one age-restricted mobilehome
park owner has indicated that it intends to convert its age-restricted
mobilehome park to a non-age restricted park. 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
mobilehome parks may result in the owner(s) of mobilehome park(s)
pursuing conversions to all age mobilehome parks prior to any such
ordinance taking effect.
G. Article XI, Section 7 of the California Constitution authorizes cities to adopt
local police, sanitary, and other ordinances not in conflict with general
laws.
H. The California Legislature has authorized cities to provide zoning for
"senior only" mobilehome parks pursuant to Health and Safety Code
§18300.
I. As discussed above, in Putnam Family Partnership v. City of Yucaipa, 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).)
J. The City 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 affordable housing options left to the City's
senior citizens.
K. The City requires time to study and decide:
a. If such an ordinance is necessary to protect the public, health,
safety and welfare and provide adequate local senior housing for
the community's aging population.
b. If such an ordinance would have any adverse effects upon the
general housing market and particularly the senior and low-income
housing market in the City. Further, whether any potential effects
from the removal of a senior housing resource in the City constitute
a current and immediate threat to the public safety, health and
welfare.
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c. The extent City may regulate internal operations of mobilehome
parks.
d. Given the harm to the community by the removal of senior only
mobilehome parks, this moratorium is being established to 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 3. Urgency Findings.
Based on the foregoing recitals and findings, all of which are deemed true and
correct, this interim ordinance is urgently needed for the immediate preservation of the
public health, safety, and welfare. This interim ordinance shall take effect immediately
upon adoption and shall be of no further force and effect forty-five (45) days following
the date of its adoption unless extended in accordance with the provisions set forth in
Government Code Section 65858.
SECTION 4. Definitions.
For purposes of this Urgency Ordinance, the following definitions shall apply:
A. "Convert" or "Conversion" means changing from a seniors-only
mobilehome park to a mobilehome park that could not qualify as a senior-
only mobilehome park
B. "Mobilehome" is a structure designed for human habitation and for being
moved on a street or highway under permit pursuant to Vehicle Code
Section 35790. Mobilehome does not include a recreational vehicle, as
defined in Civil Code Section 799.4, or a commercial coach, as defined in
Health and Safety Code Section 18128. For purposes of this section, the
term "Mobilehome" includes "Manufactured Home."
C. "Mobilehome Park" is an area of land where two or more mobilehomes or
manufactured sites are located to accommodate mobilehomes used for
human habitation. This definition shall include rental mobilehome parks
where mobilehome spaces are rented or held out for rent. Mobilehome
Park shall also include a mobilehome subdivision, condominium, or stock
corporation in which specific ownership rights are acquired by the space
occupants within the mobilehome park.
D. "Senior" means any individual over the age of fifty-five (55).
E. "Senior-Only Mobilehome Park" means a mobilehome park in which at
least 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
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spaces are occupied by or intended for occupancy by people who are age
62 or older, or that, at the time of initial City approval, which approval
occurred subsequent to the effective date of this section, received a
concession or incentive from the City.
F. "All-Age Park" means a mobilehome park in which there is no age
restriction.
SECTION 5. Prohibition Against Conversion of Seniors-Only Mobilehome Parks.
In order to protect the public health, safety and welfare and pursuant to the
provisions of Government Code Section 65858, a moratorium is hereby placed
prohibiting the "conversion" of any mobilehome park currently in existence in the City
from a park where at least eighty percent (80%) of the full-time residents are individuals
aged fifty-five (55) years and older (a "seniors only" mobilehome park) to a mobilehome
park accepting all ages of residents.
SECTION 6. 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, health and
welfare of this community. Accordingly, upon adoption by a four-fifths vote of the City
Council, this ordinance shall take effect immediately.
SECTION 7. Report.
During the period of this Urgency Ordinance, and any extension thereof, the City
Council hereby directs City staff to: (1) review and consider options for the regulation of
imposing a moratorium on the conversion/change of any mobilehome park currently
existing in the City from a park primarily or exclusively by residents over the age of 55
years to a mobilehome park allowing residents of all ages; and (2) to issue a written
report describing the measures which the City has taken to address the conditions
which led to the adoption of this ordinance with the City Council ten (10) days prior to
the expiration of this interim urgency ordinance, or any extension thereof, and such
report shall be made available to the public.
SECTION 8. 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 by
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declared invalid or unconstitutional. Further, the City Council hereby declares that this
ordinance neither is intended to nor shall it impair the obligation of existing contracts.
SECTION 9. CEQA.
This Urgency 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 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.
The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall
cause it to be published within fifteen (15) days of the adoption and shall post a certified
copy of this Urgency Ordinance, including the vote for and against the same, in the
Office of the City Clerk, in accordance with California Government Code Section 36933.
PASSED AND ADOPTED this 21 st day of February, 2017 by the following vote:
City of San Juan Capistrano
1�
Ke ergu Ma or
AT e
or ri City Clerk
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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 Urgency Ordinance No. 1044 that was adopted
and passed at the Regular Meeting of the City Council on the 21St day of February 2017, by the
follo i I vote, to wit.
AYES: DUNCIL MEMBERS. Maryott, Patterson, Farias and Mayor Ferguson
NOES DUNCIL MEMBERS: None
ARSE fi DUNCIL MEMBERS: Reeve
M RI R I , CITY ER
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 24th day of February, I caused to be posted a certified copy of Urgency Ordinance No.
1044, adopted by the City Council on February 21, 2017, entitled:
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A MORATORIUM ON
THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY
EXISTING IN THE CITY FROM PARK OCCUPIED PRIMARILY OR
EXCLUSIVELY BY RESIDENTS OVE TH AGE OF 55 YEARS (SENIOR
RESIDENTS) TO A MOBILEHOME P RK LLOWING RESIDENTS OF ALL
AGES AND DECLARING THE UR CY THEREOF, TO TAKE EFFECT
IMMEDIATELY
This document was posted in the Office of th it ` lerk
xtsz
MA IA I , CIT CLER
San Ju ap strano, Ca ' nia
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