HomeMy WebLinkAboutStaff Report 7.B 10/17/2005CITY OF PETALUMA, CALIFORNIA
7.B
AGENDA BILL nrtnber172005
Aeenda Title: Discussion and Possible Direction Regarding Meetine Date: October 17, 200 5
Mobilehome Park Designations Throughout the City, Potential
Zoning Issues, and Recommended Ordinances for the Necessary
Protection. Meetine Time: ❑ 3:00 PM
N 7:00 PM
Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Unfinished Business
Denartment:
Community
Development
Cost of Proposal: N/A
❑ Presentation
Director: (� Contact Person:
Mike Moorr Mike Moore
Phone Number:
707-778-4301
Account Number: N/A
Amount Budeeted: N/A Name of Fund: N/A
Attachments to Aeenda Packet Item:
1) February 14, 2003 Memo to City Manager regarding Mobilehome Park Zoning
2) June 10, 2003 Memo to City Manager regarding Lot Lines in Mobilehome Parks
3) July 16, 2003 Memo to City Manager regarding Local Enforcement of Mobilehome Park
Regulations
Summary Statement: This item has been placed on the agenda pursuant to City Council Rules of
Procedure at the request of Councilmembers Harris and Torliatt in response to questions about the zoning
of mobilehome parks in the City. Previous memos to the City Manager on this and related issues are
attached for reference. The contents of the memos can be summarized as follows: 1) It is the City's
intention to redesignate existing mobilehome park sites to a Mobilehome Park land use designation and
subsequently rezone those same parks to a Mobilehome Park zoning district as part of the update of the
General Plan. 2) If the Council chose not to wait for the new General Plan to be adopted, the City could
initiate a General Plan amendment and rezoning process for all of the parks in the City. In accordance with
state law, the City has one remaining General Plan amendment approval for this calendar year. 3) Rezoning
all of the existing parks to a Mobilehome Park zoning district does not prohibit or prevent the owner of a
mobilehome park from applying for a development application that would convert the park to another use.
4) State law (Government Code Section 65852.7) already establishes a mobilehome park conversion
process that would be applicable to any proposed conversion in Petaluma. 5) Land use and other
development standards within a mobilehome park are governed by the state Department of Housing and
Community Development (HCD), not local zoning.
Recommended Citv Council Action/Sueeested Motion:
Provide direction to staff.
Reviewed by Admin. Svcs. Dir:
Dte: to
Todav's Date:
October 6, 2005
Revision # and Date Revised:
Appy V� itv Manaeer:
�`(XbJJJ � Date:
File Code:
CITY OF PETALUMA, CALIFORNIA
OCTOBER 17, 2005
AGENDA REPORT
FOR
DISCUSSION AND POSSIBLE DIRECTION REGARDING MOBILEHOME PARK
DESIGNATIONS THROUGHOUT THE CITY, POTENTIAL ZONING ISSUES, AND
RECOMMENDED ORDINANCES FOR THE NECESSARY PROTECTION.
1. EXECUTIVE SUMMARY:
This item has been placed on the agenda pursuant to City Council Rules of Procedure at the
request of Councilmembers Harris and Torliatt in response to questions about the zoning of
mobilehome parks in the City. Previous memos to the City Manager on this and related issues
are attached for reference. The contents of the memos can be summarized as follows: 1) It is the
City's intention to redesignate existing mobilehome park sites to a Mobilehome Park land use
designation and subsequently rezone those same parks to a Mobilehome Park zoning district as
part of the update of the General Plan. 2) If the Council chose not to wait for the new General
Plan to be adopted, the City could initiate a General Plan amendment and rezoning process for
all of the parks in the City. hi accordance with state law, the City has one remaining General
Plan amendment approval for this calendar year. 3) Rezoning all of the existing parks to a
Mobilehome Park zoning district does not prohibit or prevent the owner of a mobilehome park
from applying for a development application that would convert the park to another use. 4) State
law (Government Code Section 65852.7) already establishes a mobilehome park conversion
process that would be applicable to any proposed conversion in Petaluma. 5) Development
standards within a mobilehome park are governed by the state Department of Housing and
Community Development (HCD), not local zoning.
2. BACKGROUND:
See attached memos regarding the background on this issue. It is important to note that any
mobilehome zoning applied to the existing parks would only regulate the park's relationship to
surrounding properties. It could not regulate development within the park, as that is the
responsibility of the state. Please see the attached memo to the City Manager dated July 16, 2003
regarding the enforcement of development standards within mobilehome parks.
3. ALTERNATIVES:
1) The Council may choose to wait for the adoption of the General Plan and then rezone the
existing parks to be consistent with the new General Plan land use designations.
2) The Council may choose to initiate a General Plan amendment and rezoning process prior
to the adoption of the new plan. That process would represent an unbudgeted allocation
of staff resources and would result in unbudgeted costs for public notice, environmental
review and related procedural items. These costs have not been estimated at this time;
although the application fees for a General Plan amendment, rezoning and environmental
review for any applicant would exceed $12,000. As you know, Community Development
fees are based on estimated staff time to process said applications.
3) The Council may choose to adopt an ordinance establishing a mobilehome park
conversion procedure based on the existing conversion procedure provided in
Government Code Section 65852.7.
4. FINANCIAL IMPACTS:
If the Council chooses to proceed with a General Plan amendment and rezoning process separate
from the on-going General Plan update, there would be a cost involved that would absorbed by
the General Fund. There would be a greater impact on the allocation of staff resources to such a
project because of its affect on existing workloads.
5. CONCLUSION:
N/A
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
P//�
7. RECOMMENDATION:
Provide Direction to Staff.
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Coaunanit , Denelopinent Departazeat, II English Sheet, Petalwaa, CA 94952
(707) 778-4301 Fac (707) 778-4498 E-inaik nun oore&i petalnnia.ca.its
DATE: February 14, 2003
TO: Mike Bierman, Interim City Manager
FROM: Mike Moore, Community Development Director
SUBJECT: Mobilehome Park Zoning
At its meeting of January 6, 2003, the City Council requested additional information on the
matter of mobilehome park zoning in the City of Petaluma. This request came about as a result of
concerns expressed by some current mobilehome park residents that they may not have the
protection of City zoning regulations in the event that the owners of those parks might choose to
convert the land to another use. This memo is intended to address current state and local
regulations that directly affect the zoning of existing mobilehome parks in Petaluma.
Existing General Plan Land Use Designations
Under California law, appropriate land use is determined first by the City's general plan land use
map and then by applicable zoning. In the case of the seven mobilehome parks in the city limits
of Petaluma, the 1987-2005 Petaluma General Plan land use designations are as follows:
Mobilehome Park
Capri Mobile Villa
Leisure Lake Village
Little Woods Villa
Petaluma Estates
Royal Oaks Senior Community
Sandalwood Mobile Park
Address
717 N. McDowell Blvd.
300 Stony Point Road
1821 Lakeville Hwy.
901 N. McDowell Blvd.
Wood Sorrell Drive
576 N. McDowell Blvd.
Youngstown Mobilehome Park 911 N. McDowell Blvd.
Current GP Land Use
Urban Diversified
Urban Diversified
Urban High
Urban Diversified
Urban Diversified
Urban Diversified
Urban Diversified
The "Urban Diversified" land use designation is defined in the text of the 1987-2005 General
Plan as inviting "flexibility in site design and unit type." Densities for this designation (that is,
the number of dwelling units per acre of land) range from 5.1 to 10.0 dwelling units per acre.
Little Woods Villa is designated as "Urban High", which permits up to 15 dwelling units per
acre. These two designations are strictly residential and the continued existence of mobilehome
parks on properties with those land use designations would be consistent with the City's adopted
general plan. The City's Housing Element of the general plan, which addresses a broad range of
local housing needs, further supports the continued existence of mobilehome parks as an
important component of the City's affordable housing stock.
Existing Zoning Designations
The seven mobilehome parks in Petaluma are zoned as follows:
Mobilehome Park
Address
Capri Mobile Villa
717 N. McDowell Blvd.
Leisure Lake Village
300 Stony Point Road
Little Woods Villa
1821 Lakeville Hwy.
Petaluma Estates
901 N. McDowell Blvd.
Royal Oaks Senior Cormnunity
Wood Sorrell Drive
Sandalwood Mobile Park
576 N. McDowell Blvd.
Youngstown Mobilehome Park
911 N. McDowell Blvd.
Current Zoning
Light Industrial (ML)
Mobilehome Park (MI -1)
Garden Apartment (RMG)
Garden Apartment (RMG)
Planned Unit District (PUD)
Garden Apartment (RMG)
Garden Apartment (RMG)
Except for Leisure Lake, which is specifically zoned Mobilehome Park, and Royal Oaks, which
has its own planned unit district regulations, all of the other parks in the City have zoning
designations which do not allow mobilehome parks as either a permitted or conditionally
permitted use. These parks are, therefore, classified as pre-existing, legal non -conforming uses —
in other words, even though the zoning districts applied to these properties do not specifically
allow for a mobilehome parks, the use was "originally legal, but does not presently conform to
the provisions of the district in which it is situated." (Section 25-201, Petaluma Zoning
Ordinance) The consequences of being a legal non -conforming use are typically the inability of
the property owner (that is, the owner of the park, not the -owner of an individual mobilehome) to
expand or intensify the existing use, or replace or re-establish the use following a disaster or
discontinuation for a period of time. The non -conforming status of five of the seven mobilehome
parks in the City does not appear to have affected the daily operations or on-going maintenance
of those respective parks.
Although under state law, charter cities are exempt from the requirement that general plan land
use designations and applicable zoning regulations be consistent with one another, it is important
to note that where there is an inconsistency between general plan land use and zoning, the
general plan is the guiding policy document. Much of the inconsistency between general plan
land use and zoning is the result of the City's out -dated zoning regulations, which will be
addressed this year in coordination with the general plan update.
Applicable State Law
California planning and zoning laws, which are found primarily in the state Government Code,
further strengthen the continued existence of mobilehome parks. Section 65852.7 of the
Government Code states that "a mobilehome park ... shall be deemed a permitted land use on all
land planned and zoned for residential land use as designated by the applicable general plan."
This provision further underscores the support and protection of mobilehome parks under the
current City general plan land use designation of Urban Diversified and Urban High, since the
properties they are all located on are designated residential land uses.
More importantly, Section 65863.7 of the Government Code speaks directly to the issue of
possible mobilehome park conversions to another use. Subsection (a) states that "prior to the
conversion of a mobilehome park to another use ... the person or entity proposing the change in
use shall file a report on the impact of the conversion, closure or cessation of use upon the
displaced residents of the mobilehome park to be converted or closed." This report must be
provided to each resident at least 15 days prior to any hearing "by the legislative body" (i.e., the
City Council). Subsection (e) states that:
"the legislative body, or its designated advisory agency, shall review the report,
prior to any change of use, and may require, as a condition of the change, the
person or entity to take steps to mitigate any adverse impact of the conversion,
closure or cessation of use on the ability of displaced mobilehome park residents
to find adequate housing in a mobilehome park."
c: Rich Rudnansky, City Attorney
Bonne Gaebler, Housing Administrator
3
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Cottiniiiiiitj, Development Departneat, 11 English Street, Petaluma, CA 94952
(70 7) 778-4314 Fax (70 7) 778-4498 E -nail nuaoot•c�ari petalnma.ca.e+s
DATE: June 10, 2003
TO: Mike Bierman, City Manager
FROM: Mike Moore, Community Development Director
SUBJECT: Lot Lines in Mobilehome Parks
Several months ago, we received a complaint from Sandalwood Mobilchome Park regarding the
park owner's intent to shift "lot lines" within the park and that this was being done without the
approval of the City. These "lot lines" within the park are not subject to the same set of state
laws and local ordinances (the state Subdivision Map Act — Sections 66410-66499.58 of the
Government Code - and our local Subdivision Ordinance — Title 20 of the Petaluma Municipal
Code) that typically govern the subdivision of land and the adjustment of lot lines, and that
Community Development is responsible for enforcing. Lot lines within mobilehome parks are
governed by specific mobilehome laws found in the state Health and Safety Code.
The regulation of mobilehome parks is the responsibility of the state Department of Housing and
Community Development (HCD). These regulations pre-empt local government control for such
things as building inspection and other planning and development matters, such as the
adjustment of lot lines within the park. Health and Safety Code Section 18610 states:
"18610. Except as provided in Section 18930, the department [meaning the
state Department of Housing and Communnit), Development] shall adopt
regulations to govern the construction, use, occupancy, and maintenance of
parks and lots within the parks. The regulations adopted by the department
shall establish standards and requirements which protect the health, safety, and
general welfare of the residents of parks. The regulations adopted by the
department shall provide equivalent or greater protection to the residents of
parks than the statutes and regulations in effect on December 31, 1977."
Health and Safety Code Section 18610.5 (a) states, however:
"18610.5. (a) Mobilehome park lot lines shall not be created, moved, shifted,
or altered without the written authorization of the local olaunine aQencv
[emphasis added] and the occupant or occupants, if any, of the mobilehome
space or spaces on which the lot line will be created, moved, shifted, or
altered."
In order to clarify this apparent contradiction in state law as to who has authority to regulate lot
lines within mobilehome parks, I contacted Mr. Brad Harward at HCD. Mr. Harward confinned
u
that the adjustment of mobilehome lot lines are not subject to the requirements of the state
Subdivision Map Act, but must be approved consistent with Section 18610.5, which requires
"written authorization of the local planning agency." When I explained to him that we have no
local standards for mobilehome lot lines, he referred me to Health and Safety Code Section
18300 (b) and (c), which state:
"18300(b) Upon 30 days' written notice from the governing body to the
department [ineaning the state Department of Housing and Community
Dei,elopment], any city, county, or city and county may assume the
responsibility for the enforcement of this part and the regulations adopted
pursuant to this part following approval by the department for the assumption."
"18300 (c) The department shall adopt regulations which set forth the
conditions for assumption and may include required qualifications of local
enforcement agencies. The conditions set forth and the qualifications required
in the regulations which set forth the conditions for assumption shall relate
solely to the ability of local agencies to enforce properly this part and the
regulations adopted pursuant to this part. The regulations which set forth the
conditions for assumption shall not set requirements for local agencies different
than those which the state maintains for its own enforcement program. When
assumption is approved, the department shall transfer the responsibility for
enforcement to the city, county, or city and county, together with all records of
parks within the jurisdiction of the city, county, or city and county."
Since the City has never taken formal action as required by Section 18300(b) to assume all the
responsibilities of regulating mobilehome parks from HCD, the requirement stated in Section
18610.5 does not apply to the City; but does apply to HCD: that is, HCD is the "local planning
agency." In order for the owners of Sandalwood to adjust lot lines within the park, the park
owners must first secure written authorization from HCD, as well as from the affected
"occupants."
According to Mr. Hai -ward, complaints regarding the park owner's proposal to adjust lot lines
should be made to the local Mobilehome Ombudsman with the Division of Codes & Standards
of HCD. HCD has enforcement responsibility in this matter. Their toll free number is 800-952-
5275.
c: Rich Rudnansky, City Attorney
Bonne Gaebler, Housing Administrator
8
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Conunanity Denelopiaent Department, 11 English Sheet, Petalnnm, CA 94952
(707) 778-4301 Fax (707) 778-4498 E-mail: cdd@e petalwua.ca.as
DATE: July 16, 2003
TO: Mike Bierman, City Manager
FROM: Mike Moore, Community Development Director
SUBJECT: Local Enforcement of State Mobilehome Park Regulations
In response to your inquiry regarding the possibility of the City regulating and inspecting
mobilehome parks within the city limits, I contacted the state Department of Housing and
Community Development (HCD). HCD is currently responsible for regulating and inspecting
mobilehome parks in accordance with the California Mobilehome Parks Act (Section 18300 et.
seg. of the state Health and Safety Code) and the applicable sections of Title 25 of the California
Code of Regulations. Based on the information obtained from the state, here is a summary of the
principal findings:
• All mobilehome parks in California are regulated and inspected by HCD, unless a local
jurisdiction chooses to assume regulatory and inspection responsibilities from the state. In
order to assume those responsibilities, the local jurisdiction must provide the state with
notice of its intent and pass an ordinance that meets all the requirements of HCD. HCD
must also determine that the City is capable of meeting all regulatory obligations. A copy
of a sample ordinance and an excerpt from state regulations regarding enforcement
responsibility are attached for your information. The regulations excerpt also includes
proposed revisions which are not yet adopted.
• Upon assuming regulatory and inspection responsibilifies, the City can only enforce
current state mobilehome park regulations and standards. The City cannot impose new or
more stringent regulations than those provided by the state. Nor can it impose permit or
processing fees higher than those already established by the state.
• According to HCD, local jurisdictions that have had responsibility for regulating and
inspecting mobilehome parks are returning that obligation to the state because of the cost
in staff time and the inability to charge permit and processing fees to support the
additional service costs. A list of the agencies currently regulating mobilehome parks and
those who have recently returned enforcement responsibility to the state is attached.
• Due to a very limited number of state inspectors, many parks and individual units within
the parks may have done work that has not been properly inspected. After assuming
regulatory authority for the parks, the City would not only be responsible for regulating
and inspecting new work in the park, but also abating prior work that may not meet
current standards or was never properly permitted in the first place. The abatement
r
procedure is also specified by the state and cannot be changed to accommodate local
needs.
Should the City Council choose to assume the regulatory and inspection responsibilities for the
City's six mobilehome parks, we have estimated that we would immediately need at least one
additional full-time equivalent staff person to handle the increased inspection and code
enforcement work load. We would anticipate that this person's full-time responsibility would be
to handle all issues associated with mobilehome park enforcement. Funding for this staff person
and associated costs (training, vehicle, computer, etc.) would have to be an on-going
commitment from the Council with the acknowledgement that this program cannot operate on a
cost recovery basis due to the fee structure dictated by the state.
There will be interim costs for training (no one on staff currently knows the code requirements
under Title 25 and they are different from the typical standards and requirements of the Uniform
Building Code) and technical assistance during the period until City is staffed to adequately
apply and enforce the various regulations. This decision would also affect the staffing and work
load of the Fire Prevention Bureau of the Fire Department, who would also have inspection and
code enforcement roles that they do not have now Even if the City chose to contract out for
inspection and code enforcement services, those costs would have to be allocated through the
budget with the acicnowledgenient that costs could not be recovered to reimburse the City for
those services.
Given the current budget situation and our current resources to handle typical day-to-day
responsibilities, we would strongly recommend against assuming mobilehome enforcement from
the state.
c: Rich Rudnansky, City Attorney
Chris Albertson, Fire Chief
Michael Ginn, Fire Marshal
George White, Asst. Director, CDD
Craig Spaulding, City Engineer
Cliff Kendall, Deputy CBO
Ken Burnett, Inspection Supervisor
SEP -26-05 MON 01:57 PN FAX NO. P, 01
To:
Mike Bierman
From:
Mike Harris and Pam Toriiatt
Date:
September 27th, 2005
Re:
Agenda Request
Pursuant to Rule It (A)($) of the Council's mules, Policies and Procedures, the undersigned
hereby request that the following item be added to the agenda for the Counclrs October 17, 2005
meeting (evening session).
Discussion and possible direction regarding mobile home park designations throughout
the cily, potential zoning issue and recommen ed ordinances for the necessary
protection.
Dated: September 27, 2005
Dated: September 27, 2005
Pym Toriiatt
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