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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 Page 1 01044 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. Page 2 01044 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. Page 3 01044 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 Page 4 01044 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 Page 5 01044 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 Page 6 01044 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 Page 7 01044 i