Ordinance Number 1045ORDINANCE NO. 1045
AN EXTENSION OF 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; and
WHEREAS, the San Juan Capistrano Municipal Code, including the
Development Code, does not expressly address or regulate seniors-only mobilehome
parks; and
1 Ord 1045
WHEREAS, on February 21, 2017, the City Council adopted Urgency Ordinance
No. 1 044 adopting a 45-day moratorium on the conversion of seniors-only mobilehome
parks to all-age mobilehome parks, pursuant to California Government Code section
65858; and
WHEREAS, pursuant to Government Code section 65858(d), ten days prior to
the expiration of the urgency ordinance, a written report must be issued by the City
Council describing the measures taken to alleviate the condition that led to the adoption
of the urgency ordinance. On March 24, 2017, the City Council received, considered,
adopted and issued the "ten day report;" and
WHEREAS, City staff and the City Attorney's Office have conducted research
into several options, including the implementation of a permanent zoning ordinance, in
order to accomplish the goals of the interim urgency ordinance. This research includes
looking into what other cities in California are doing in order to preserve their seniors-
only mobilehome parks; and
WHEREAS, City staff has met with residents of three of the four age-restricted
mobilehome communities in the City of San Juan Capistrano who have requested that
City Council extend the 45-day moratorium preventing the conversion of seniors-only
mobilehome parks. These residents told City staff that ultimately they would request a
senior park overlay district in order to permanently maintain the four age-restricted
parks; and
WHEREAS, City staff has not yet concluded its research and thus has not yet
made any final recommendations to the City Council regarding the form of any
permanent regulations; and
WHEREAS, on April 4, 2017, the City Council held a duly noticed public hearing
on a proposed Ordinance to extend the moratorium on the conversion of seniors-only
mobilehome parks, determined that the activity is exempt from the California
Environmental Quality Act, conducted a reading of the proposed Ordinance and
adopted this Ordinance.
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 extends
the initial 45-day moratorium created by Urgency Ordinance No. 1044 for an additional
6 months beyond the expiration of the initial 45-day moratorium as allowed by California
Government Code section 65858. This moratorium extension shall prohibit the
conversion of any of the City's four currently existing age restricted mobilehome parks
from seniors-only mobilehome parks to all-age mobilehome parks for the immediate
preservation of the public health, safety and welfare during the effectiveness of this
Ordinance.
2 Ord 1045
SECTION 2. Findings .
The City Council hereby finds, determines , and declares that the extension of this
Urgency Ordinance Moratorium 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. Numerous cities in the State of California have adopted ordinances
preventing the conversion of seniors-only mobilehome park to all-age housing
facilities.
C. The San Juan Capistrano Municipal Code does not expressly address or
regulate in any manner seniors-only mobilehonie parks.
D. 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 ."
E. Based upon the current state of the law, if a moratorium is not established,
existing seniors-only mobilehome parks in the City could be eliminated. Thus,
the City of San Juan Capistrano is reviewing an ordinance and other options
to prevent the conversion of seniors-only mobilehome parks to all-age
mobilehome parks to mitigate the potential impacts that such conversion may
have on the public health, safety and welfare.
F . Based upon the foregoing, the City Council finds that the conversion of
seniors-only mobilehome parks, prior to completing the review of a prohibition
ordinance, poses a current and immediate threat to the public health, safety
and welfare and that therefore a temporary moratorium on the conversion of
seniors-only mobilehome parks is necessary.
G. The City requires additional 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
3 Ord 1045
senior housing resource in the City constitute a current and immediate
threat to the public safety, health and welfare.
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. Definitions.
For purposes of this 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 1 00 percent of the 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 .
4 Ord 1045
SECTION 4. Enactment.
The City Council hereby enacts this extension ordinance by not less than a four-
fifths vote, and in light of the findings set forth in Section 4, under the authority granted
to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the
California Government Code, which allows the City to extend a moratorium ordinance,
in order to protect the public safety, health and welfare, prohibiting any uses that may
be in conflict with a zoning proposal that the City Council , planning commission, or the
planning department is considering or studying or intends to study within a reasonable
time .
SECTION 5. 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 6. 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 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 7. 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
5 Ord 1045
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 4th day of April, 2017 by the following vote :
City of San Juan Capistrano
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. 1045 that was adopted
arJ asse d at the Regular Meeting of the City Council on the 41h day of April 2017, by the
fol io i vo , to wit:
AY E ·· 1c UNCIL MEMBERS: Maryott, Patterson, Reeve, Farias and Mayor Ferguson
~O E : UNCIL MEMBERS: None
'tBS N U CIL .t; BERS: None
6 Ord 1045
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, declare as follows:
)
) ss AFFIDAVIT OF POSTING
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 61h day of April, !·caused to be posted a certified copy of Urgency Ordinance No. 1045,
adopted by the City Council on April 4, 2017 , entitled:
..
AN EXTENSION OF 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 EXCLUSIVE L BY RESIDENTS OVER THE AGE
OF 55 YEARS (SENIOR RESIDENTS) T O 0 ~ EHOME PARK ALLOWING
RESIDENTS OF ALL AGES AND DEC , T URGENCY THEREOF, TO
TAKE EFFECT IMMEDIATELY
MARIA
7 Ord 1045