Cities Index.
Agenda packet

Yucaipa City Council
April 24, 2023

Document
Agenda packet
Meeting
April 24, 2023
Body
Yucaipa City Council
Pages
180
Original file
90 KB
Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

City Council
Successor Agency
Housing Authority
Meeting Agenda
April 24, 2023 – 6:00 PM
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

THE CITY OF YUCAIPA COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING (PURSUANT TO 28 CFR 35.102.35.104 ADA TITLE II), PLEASE CALL THE CITY CLERK’S DEPARTMENT AT (909) 797-2489 AT LEAST 48-HOURS PRIOR TO THE MEETING.

CEQA STATEMENT: UNLESS STATED OTHERWISE ON THE AGENDA, EVERY ITEM ON THE AGENDA IS EXEMPT FROM CEQA GUIDELINES SECTIONS 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 AND/OR PUBLIC RESOURCE CODE SECTION 21065.

PURSUANT TO GOVERNMENT CODE SECTION 54957.5, ANY DISCLOSABLE PUBLIC

RECORDS RELATED TO AN OPEN SESSION ITEM ON A REGULAR MEETING AGENDA

AND DISTRIBUTED BY THE CITY OF YUCAIPA TO ALL OR A MAJORITY OF THE CITY COUNCIL, LESS THAN 72 HOURS PRIOR TO THAT MEETING, ARE AVAILABLE FOR PUBLIC INSPECTION AT YUCAIPA CITY HALL, 34272 YUCAIPA BOULEVARD, YUCAIPA, CA 92399, DURING NORMAL BUSINESS HOURS.

MEMBERS OF THE CITY COUNCIL ALSO SIT AS THE BOARD FOR THE SUCCESSOR AGENCY AND COMMISION FOR THE HOUSING AUTHORITY. THIS IS THE TIME AND

PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY. PLEASE COMPLETE A SPEAKER’S FORM AND RETURN IT TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE MEETING.

THERE IS A THREE-MINUTE TIME LIMIT FOR SPEAKING.

PUBLIC COMMENT VIA MAIL OR EMAIL must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to the City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify “Public Comment” and include the date of the meeting.

WRITTEN PUBLIC COMMENT SUBMITTED ON NON-AGENDA ITEMS AND ON SPECIFIC AGENDA ITEMS will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City’s website at 104/24/2023 City Council Agenda

https://yucaipa.org/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.

LIVE AUDIO STREAM/RECORDING OF CITY COUNCIL MEETINGS. Members of the public may listen to city council meetings live at: https://yucaipa.org/live .

CLOSED SESSION – 5:30 PM
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 – Number of Cases (1): Threatened Litigation by Yucaipa Preservation Society Re: Serrano Estates Project Approval (Case No. 22-150/PDP/FDP/TTM 20375)

OPEN SESSION – 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

SPECIAL PRESENTATION
Redlands Bike Classic, Inc.

PUBLIC COMMENT

CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non-controversial.

Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.

The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.

Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.

1. SUBJECT: APPROVE COUNCIL MINUTES OF THE APRIL 10, 2023 REGULAR AND SPECIAL CITY COUNCIL MEETINGS.

RECOMMENDATION: That the City Council approve City Council Minutes of April 10, 2023, regular and special City Council meetings.

P. 6
204/24/2023 City Council Agenda

2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.

3. SUBJECT: SECOND READING OF ORDINANCE NO. 422
RECOMMENDATION: That the City Council Adopt Ordinance No. 422, An Ordinance of the City Council of the City of Yucaipa, California, Amending Sections 15.20.050,

15.20.070, 15.20.085, 15.20.090, 15.20.100, 15.20.105, 15.20.110, 15.20.115, 15.20.116,

15.20.120, and 15.20.130 of Chapter 15.20 of Title 15 of the Yucaipa Municipal Code Related to the Mobilehome Park Rent Stabilization Program Pertaining to the Implementation of a Hearing Officer and Elimination of the Appeal Process.

4. SUBJECT: SECOND READING OF ORDINANCE NO. 423
RECOMMENDATION: That the City Council Adopt Ordinance No. 423, An Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 5.22 Related to Massage Establishments and Repealing Chapter 5.24.

5. SUBJECT: SECOND READING OF ORDINANCE NO. 424
RECOMMENDATION: That the City Council Adopt Ordinance No. 424, An Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 12.06 Related To Obstruction, Camping, And Aggressive Solicitation On Public Property.

6. SUBJECT: AWARD OF CONTRACT FOR THE PHASE 2 CONSTRUCTION OF THE

DUNLAP BOULEVARD BRIDGE REMOVAL AND REPLACEMENT PROJECT AT WILSON CREEK CHANNEL – PROJECT NO. 11098
RECOMMENDATION: That the City Council:

1. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, IE General Engineering Inc. of Beaumont, CA in the amount of $2,098,054 for the Phase 2 Construction of the Dunlap Boulevard Bridge Removal and Replacement Project at Wilson Creek Channel – Project No. 11098; and

2. Authorize a construction contract contingency amount of $275,000 for the project, the amount of $175,000 for construction contract administration, inspection, testing, survey and staff time for a total construction contract budget in the amount of $2,548,054; and

3. Approve Amendment No. 5 to the contract with Dudek in the amount of $30,000 for construction engineering and design support services for this project; and

4. Approve the plans and specifications prepared for the project.

P. 17
P. 103
P. 19
P. 46
P. 89
304/24/2023 City Council Agenda

7. SUBJECT: FINAL PARCEL MAP 20332
RECOMMENDATION: That the City Council:

1. Approve Final Parcel Map No. 20332; and

2. Accept a Grant of Easement for Drainage Purposes (Drainage Easement) on a portion of a Remainder Parcel as delineated on Final Parcel Map No. 20332; and

3. Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes on a portion of Wildwood Canyon Road and a portion of Colorado Street as delineated on Final Parcel Map No. 20332; and

4. Authorize the recordation of the map from Wildwood Property, LLC.

8. SUBJECT: SUMMER FEEDING PROGRAM AGREEMENT

RECOMMENDATION: That the City Council authorize the City Manager to execute an Agreement for the Summer Feeding Program between the City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District, to be held Monday through Friday, from June 12, 2023, through July 21, 2023, excluding holiday closures, at Yucaipa Community Park.

9. SUBJECT: ACCEPT OFFER OF DEDICATION AND ACCESS EASEMENT FROM EAGLE YUCAIPA 55, LIMITED PARTNERSHIP LOCATED AT 34232 COUNTY LINE ROAD; APN: 0318-235-24
RECOMMENDATION: That the City Council:

1. Accept an Offer of Dedication for Public Street Purposes from Eagle Yucaipa 55 on APN 0318-235-24; and

2. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.

10. SUBJECT: CANCELLATION OF JULY 10, 2023 COUNCIL MEETING RECOMMENDATION: That the City Council Cancel its Regularly Scheduled Meeting of July 10, 2023.

MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)

11. SUBJECT: TRAILS AND OPEN SPACE COMMITTEE MEMBERSHIP RECOMMENDATION: That the City Council:

1. Review and consider amending the current membership of the Trails and Open Space Committee as deemed appropriate in accordance with Resolution No. 2014- 81; and

2. That Councilmember Garner appoint one (1) member to the Trails and Open Space Committee to fill a current vacancy.

P. 135
P. 112
P. 116
P. 124
P. 134
404/24/2023 City Council Agenda

DEPARTMENT REPORTS

12.SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 425U, AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA,

ADOPTING AN INTERIM MEASURE IMPOSING A MORATORIUM ON THE USE,

CONSTRUCTION, ESTABLISHMENT OR OPERATION OF NEW SERVICE

STATIONS AND CAR WASHES
RECOMMENDATION: That the City Council adopt Urgency Ordinance 425U pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes and fuel station facilities.

13.SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 420, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.40 (MOBILEHOME PARKA ACT) TO TITLE 8 (HEALTH

AND SAFETY) OF THE YUCAIPA MUNICIPAL CODE REGARDING THE MOBILEHOME PARKS ACT AND SUPERSEDING ORDINANCE NO. 282

REGARDING REGULATION OF SUBSTANDARD MOBILEHOMES AND

RECREATION VEHICLES MORE THAN TEN YEARS OLD AND COMMERCIAL

MODULARS IN MOBILEHOME PARKS
RECOMMENDATION: That the City Council waive full reading and introduce by title only Ordinance No. 420, adding Chapter 8.40 to Title of the Yucaipa Municipal Code regarding the Mobilehome Parks Act and adding regulations related to substandard mobilehomes and recreation vehicles more than ten years old and commercial modulars in mobilehome parks.

ANNOUNCEMENTS

ADJOURNMENT

AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.

City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 04/20/2023, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.org
Ana V. Sauseda, CMC
City Clerk
P.150
P. 158
504/24/2023 City Council Agenda

ITEM 1604/24/2023 City Council Agenda

704/24/2023 City Council Agenda

804/24/2023 City Council Agenda

904/24/2023 City Council Agenda

1004/24/2023 City Council Agenda

1104/24/2023 City Council Agenda

1204/24/2023 City Council Agenda

1304/24/2023 City Council Agenda

1404/24/2023 City Council Agenda

1504/24/2023 City Council Agenda

1604/24/2023 City Council Agenda

21704/24/2023 City Council Agenda

1804/24/2023 City Council Agenda

1904/24/2023 City Council Agenda

2004/24/2023 City Council Agenda

2104/24/2023 City Council Agenda

2204/24/2023 City Council Agenda

2304/24/2023 City Council Agenda

2404/24/2023 City Council Agenda

2504/24/2023 City Council Agenda

2604/24/2023 City Council Agenda

2704/24/2023 City Council Agenda

2804/24/2023 City Council Agenda

2904/24/2023 City Council Agenda

3004/24/2023 City Council Agenda

3104/24/2023 City Council Agenda

3204/24/2023 City Council Agenda

3304/24/2023 City Council Agenda

3404/24/2023 City Council Agenda

3504/24/2023 City Council Agenda

3604/24/2023 City Council Agenda

3704/24/2023 City Council Agenda

3804/24/2023 City Council Agenda

3904/24/2023 City Council Agenda

4004/24/2023 City Council Agenda

4104/24/2023 City Council Agenda

4204/24/2023 City Council Agenda

4304/24/2023 City Council Agenda

4404/24/2023 City Council Agenda

4504/24/2023 City Council Agenda

4604/24/2023 City Council Agenda

4704/24/2023 City Council Agenda

4804/24/2023 City Council Agenda

4904/24/2023 City Council Agenda

5004/24/2023 City Council Agenda

5104/24/2023 City Council Agenda

5204/24/2023 City Council Agenda

5304/24/2023 City Council Agenda

5404/24/2023 City Council Agenda

5504/24/2023 City Council Agenda

5604/24/2023 City Council Agenda

5704/24/2023 City Council Agenda

5804/24/2023 City Council Agenda

5904/24/2023 City Council Agenda

6004/24/2023 City Council Agenda

6104/24/2023 City Council Agenda

6204/24/2023 City Council Agenda

6304/24/2023 City Council Agenda

6404/24/2023 City Council Agenda

6504/24/2023 City Council Agenda

6604/24/2023 City Council Agenda

6704/24/2023 City Council Agenda

6804/24/2023 City Council Agenda

6904/24/2023 City Council Agenda

7004/24/2023 City Council Agenda

7104/24/2023 City Council Agenda

7204/24/2023 City Council Agenda

7304/24/2023 City Council Agenda

7404/24/2023 City Council Agenda

7504/24/2023 City Council Agenda

7604/24/2023 City Council Agenda

7704/24/2023 City Council Agenda

7804/24/2023 City Council Agenda

7904/24/2023 City Council Agenda

8004/24/2023 City Council Agenda

8104/24/2023 City Council Agenda

8204/24/2023 City Council Agenda

8304/24/2023 City Council Agenda

8404/24/2023 City Council Agenda

8504/24/2023 City Council Agenda

8604/24/2023 City Council Agenda

8704/24/2023 City Council Agenda

8804/24/2023 City Council Agenda

8904/24/2023 City Council Agenda

9004/24/2023 City Council Agenda

9104/24/2023 City Council Agenda

9204/24/2023 City Council Agenda

9304/24/2023 City Council Agenda

9404/24/2023 City Council Agenda

9504/24/2023 City Council Agenda

9604/24/2023 City Council Agenda

9704/24/2023 City Council Agenda

9804/24/2023 City Council Agenda

9904/24/2023 City Council Agenda

10004/24/2023 City Council Agenda

10104/24/2023 City Council Agenda

10204/24/2023 City Council Agenda

610304/24/2023 City Council Agenda

10404/24/2023 City Council Agenda

10504/24/2023 City Council Agenda

10604/24/2023 City Council Agenda

Attachment 1
10704/24/2023 City Council Agenda

10804/24/2023 City Council Agenda

10904/24/2023 City Council Agenda

Attachment 211004/24/2023 City Council Agenda

Attachment 3311104/24/2023 City Council Agenda

711204/24/2023 City Council Agenda

11304/24/2023 City Council Agenda

11404/24/2023 City Council Agenda

11504/24/2023 City Council Agenda

811604/24/2023 City Council Agenda

11704/24/2023 City Council Agenda

11804/24/2023 City Council Agenda

11904/24/2023 City Council Agenda

12004/24/2023 City Council Agenda

12104/24/2023 City Council Agenda

12204/24/2023 City Council Agenda

12304/24/2023 City Council Agenda

912404/24/2023 City Council Agenda

Attachment 1
12504/24/2023 City Council Agenda

Attachment 212604/24/2023 City Council Agenda

12704/24/2023 City Council Agenda

12804/24/2023 City Council Agenda

12904/24/2023 City Council Agenda

13004/24/2023 City Council Agenda

13104/24/2023 City Council Agenda

13204/24/2023 City Council Agenda

13304/24/2023 City Council Agenda

1013404/24/2023 City Council Agenda

1113504/24/2023 City Council Agenda

City Council Meeting of April 24, 2023 Trails and Open Space Committee Membership Page 2 The General Services/City Clerk Depa11ment posted the Trails and Open Space Committee vac ancy at City Hall, on the City website, at Yucaipa Library and in the local newspaper. In response, staff has received four ( 4) Citizen Service Applications from residents interested in being a member of the Trails and Open Space Committee. Attached to this report are copies of the Citizen Service Applications received.

Each applicant has been notified of this meeting and has been advised that Council typically desires their attendance to provide additional information if needed.

Attachment(s): 1. Resolution No. 2014-81

2.Resolution No. 2014-82

3.Citizen Service Applications
Approved by:
13604/24/2023 City Council Agenda

Attachment 113704/24/2023 City Council Agenda

13804/24/2023 City Council Agenda

13904/24/2023 City Council Agenda

14004/24/2023 City Council Agenda

RESOLUTION NO. 2014.-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO'S. 91-73 AND 95-53 AND

REESTABLISHING THE TRAILS AND OPEN SPACE COMMITTEE OF THE CITY OF YUCAIPA.

WHEREAS, the City Council desires to continue encouraging citizens from the community to participa te in and serve on City advisory committees; and WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the detennination of City policies and procedures; and WHEREAS, on November 24, 2014, the City Council of the City of Yucaipa (the "City Council") directed staff to amend the membership of the Trails and Open Space Committee.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDER, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. That City Council Resolutions No. 91-73 and No. 95-53 are hereby rescinded, revoked� and of no further force or effect.

Section 2. The City Council hereby recreates and reestablishes a Trails and Open Space Committee.

Section 3. That the Trails and Open Space Committee shall consist of nine members, five of which shall be appointed one by each City Councilmember, with four additional members appointed by the City Council at large. The Trails and Open Space Commi ttee shall appoint one member to serve as a liaison to the Crafton Hills Open Space Conservancy.

Section 4. That the Trails and Open Space Committee shall follow the Rules of Procedure for committee meetings, related functions and activities, as found in Resolution No. 2014-81.

Section S. That the following are the Powers and Duties of the Trails and Open Space Committee:

5.1 That the Trails and Open Space Committee shall make recommendations to Council, implementing directives as related to the City's Master Trails Plan.

5.2 That the Trails and Open Space Committee shall make recommendations to Council, implementing directives as related to the acquisition and maintenance of public open pace.

PASSED, APPROVED and ADOPTED on this 8 th d y
�ST:

Jennifer S ity Clerk
Denise Hoyt, Mayor
Attachment 2
14104/24/2023 City Council Agenda

CITY OF YUCAIPA
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
(909)797-2489
Rec�ff�0
i'P;te&f ..LU�pa_-j
General Services/ CITIZEN SERVICE APPLICA 'fil0Nrk's Depa t--me---"->L The Yucaipa City Council is seeking citizens to serve on duly constituted City Commissions and Committees which have been established to assist and advise the City Council on specific matters for consideration which have been assigned to the respective Commission or Committee. Please copiplcte this application for appointment in full. The applications should be typed or clearly printed and filed with the City Clerk. Name of Applicant: Address: Home Phone: Email: Number and Street Work � Phone: Educational Background: Commission or Committee for which you are applying:
6 Middle Last City/ Zip Code Cell Phone: Ylf S c /4.,;.s o:£ 7,2..If you are applying to the Mobilehome Rent Review Commission, please initial below pursuant to the City of Yucaipa Municipal Code §15.20.070, Subsection A (1)) I declare that I am neither a resident nor a park owner of a mobilehome park in the City of Yucaipa, that I have no financial interest (as defined by state law) in any mobilebome or mobilehome '{)ark and have no parents, children, spouse or siblings with any such interest. Appllc&,t signalure: �r:,1'. k-{,-/4... LWhy are you interested in this positio ? . I � itft::.../-t..e_ P � � ¼L � i �flla,,;;_ � Con i:�J:J.J�� Jt:_ ;;,mmi-t+tZ ATI'ACB A RESUME AND/OR ADDffiONAL 'INFORMATION WHICH YOU FEEL WILL 4581ST THE CITY COUNCIL IN THElR SELECTION. Attachment 3 14204/24/2023 City Council Agenda

14304/24/2023 City Council Agenda

14404/24/2023 City Council Agenda

14504/24/2023 City Council Agenda

14604/24/2023 City Council Agenda

14704/24/2023 City Council Agenda

14804/24/2023 City Council Agenda

14904/24/2023 City Council Agenda

1215004/24/2023 City Council Agenda

15104/24/2023 City Council Agenda

15204/24/2023 City Council Agenda

15304/24/2023 City Council Agenda

15404/24/2023 City Council Agenda

15504/24/2023 City Council Agenda

15604/24/2023 City Council Agenda

15704/24/2023 City Council Agenda

1315804/24/2023 City Council Agenda

15904/24/2023 City Council Agenda

ORDINANCE NO. 420

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA ADDING CHAPTER 8.40 (MOBILEHOME PARKS ACT) TO TITLE 8 (HEALTH AND SAFETY) OF THE YUCAIPA MUNICIPAL CODE

REGARDING THE MOBILEHOME PARKS ACT AND SUPERSEDING
ORDINANCE NO. 282 REGARDING REGULATION OF SUBSTANDARD

MOBILEHOMES AND RECREATIONAL VEHICLES MORE THAN TEN

YEARS OLD AND COMMERCIAL MODULARS IN MOBILEHOME PARKS

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.

A.Since 2008, in accordance with Health & Safety Code Section 18300, by the adoption of Ordinance No. 282 on July 28, 2008, and approval by the California Department of Housing and Community Development, the City of Yucaipa (“City”) assumed responsibility from the County of San Bernardino Division of Environmental Health Services for the enforcement of Division 13, Part 2.1, commencing with Section 18200 (“Mobilehome Parks Act”), and Part 2.3, commencing with Section 18860 (“Special Occupancy Parks Act”), of the California Health & Safety Code and their related administrative regulations set forth in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (“Title 25”) (collectively referred to as the “State Mobilehome Park Laws”).

B.This Ordinance further implements Ordinance No. 282 and the objectives of the State Mobilehome Park Laws, including timely and reliable enforcement of the State Mobilehome Park Laws regarding use, maintenance, and occupancy, to protect the public health, safety and welfare of residents of mobilehomes, manufactured homes, multifamily manufactured homes, and recreational vehicles inside and outside of mobilehome parks in the City.

C.The State Mobilehome Park Laws establish requirements for the construction, use, maintenance, and occupancy of mobilehome parks, and for lots, buildings, structures, and building components both within and outside of mobilehome parks. The State Mobilehome Parks Laws also establish requirements for the use, maintenance, and occupancy of manufactured homes, mobilehomes, multifamily manufactured homes and recreational vehicles, and their utility installations within and outside of mobilehome parks.

D.Pursuant to Health and Safety Code Section 18300 and its land use and planning authority, the City has established certain land use and zoning requirements for mobilehome parks, mobilehomes, manufactured homes, multifamily manufactured homes, recreational vehicles, and commercial modulars in the City.

E.As the enforcement agency, the City may inspect all parks in order to secure the enforcement of the State Mobilehome Park Laws. Upon determination that there is a violation, the City may issue notices of violation in order to require correction or abatement of the violation. If a park owner or other unit owner fails or refuses to correct a violation, the City may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation, and exercise other remedies as provided by law.

Attachment 1
16004/24/2023 City Council Agenda

SECTION 2. This Ordinance has been reviewed with respect to the applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines.

The City has determined that this Ordinance is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a “project,” this Ordinance is not subject to CEQA’s requirements. Further, even if this Ordinance were deemed a “project” and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).

SECTION 3. Chapter 8.40, Mobilehome Parks Act, is added to Title 8, Health and Safety, of the Yucaipa Municipal Code, to read as follows:
“Chapter 8.40 REGULATION OF SUBSTANDARD MOBILEHOMES AND

RECREATIONAL VEHICLES MORE THAN TEN YEARS OLD AND

COMMERCIAL MODULARS IN MOBILEHOME PARKS

8.40.010. Assumption of Enforcement Responsibility.

8.40.020. Purpose and Findings.

8.40.030. Definitions.

8.40.040. Installation and Occupancy of MH-Units and Recreational Vehicles More Than Ten Years Old in Mobilehome Parks.

8.40.050. Installation and Occupancy of Commercial Modulars as Dwellings in Mobilehome Parks.

8.40.060. Lot Lines in Mobilehome Parks.

8.40.070. Fees.

8.40.080. Abatement.

8.40.090. Enforcement and Remedies.

8.40.100. Policies and Rules.

8.40.110. Park Owner Obligations.

8.40.120. State Law.

8.40.010. Acceptance of Enforcement Responsibility.

A. Acceptance of Enforcement Authority. Pursuant to uncodified Ordinance No. 282, the City of Yucaipa has assumed enforcement responsibilities under Division 13, Part 2.1, commencing with Section 18200 (Mobilehome Parks Act), and Part 2.3, commencing with Section 18860 (Special Occupancy Parks Act), of the California Health & Safety Code and their related administrative regulations set forth in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (the “State Mobilehome Park Laws”).
16104/24/2023 City Council Agenda

B. Delegation of Authority and Assignment of Personnel. The City, in the course of carrying out its duties as the enforcement agency pursuant to Health and Safety Code Sections 18207 and 18300, has assigned the responsibility for the enforcement of the State Mobilehome Laws to the Department.

The Director shall oversee management and administration of the State Mobilehome Laws by the Department, and provide qualified personnel for the actual enforcement of the State Mobilehome Laws.

C. Schedule of Fees. The City has adopted the schedule of fees designated by the State Mobilehome Laws.

D. Description of Existing Parks. There are 42 legally established mobilehome parks in the City of Yucaipa (“City”), which include approximately 4,310 mobilehome spaces and 25 RV spaces.

There are no special occupancy parks located in the City of Yucaipa. As of the effective date of the City’s acceptance of enforcement responsibility, twenty-three (23) of the mobilehome parks were “Senior Parks” restricted to residents over 55 years in age, and 3,179 mobilehome spaces were subject to the City’s “Mobilehome Rent Stabilization Program” (Chapter 15.20 of the Yucaipa Municipal Code).

Approximately 25% of the mobilehome parks appeared to be in average compliance, approximately 25% appear to be substantially out of compliance, and approximately 50% appeared to be substantially in compliance with the State Mobilehome Laws.

E. Date of Acceptance. In 2008, the City assumed enforcement responsibilities of the State Mobilehome Laws from the County of San Bernardino Environmental Health Services (“EHS”), following HCD approval of the City’s acceptance of enforcement responsibilities, and the City’s acceptance of reasonable conditions of approval.

F. Method of Enforcement. Following enactment of Ordinance No. 282, the City commenced and thereafter has continued to diligently enforce the State Mobilehome Laws as including:
(1) Review and maintain relevant files provided by EHS and compare same with records on file with the City.
(2) Review pertinent building standards of the State relevant to mobilehomes and manufactured homes.
(3) Ascertain the status of all permits-to-operate and construction permits and enforce relevant requirements.
(4) Investigate and resolve complaints as the need arises. (5) Perform periodic park maintenance inspections consistent with applicable law. (6) Take all other actions as are deemed appropriate in furtherance of State laws and regulations.

G. Use of State Forms. When enforcing the State Mobilehome Laws, the City shall utilize the following forms:
(1) HCD 500A, Application for Permit to Operate
(2) HCD 503B, Annual Permit to Operate
16204/24/2023 City Council Agenda

(3) HCD 513B, Manufactured Home or Mobilehome Installation Acceptance (4) HCD 513C, Certificate of Occupancy
(5) HCD 538, Plot Plan
(6) Pre-Set Down Inspection Permit
(7) Such other forms as may be adopted by the Department consistent with HCD requirements for purposes of enforcement of the Mobilehome Parks Act and other State Mobilehome Laws and this Chapter.

H. Permits to Operate and State Fees. The City has and will send a copy of all permits to operate and State fees to the Administrative Office of the Division of Codes and Standards no later than the 15th of the month following the City's issuance of such permits and receipt of such funds.

I. Transmittal of Ordinance. The City Clerk previously transmitted one (1) certified copy of Ordinance No. 282 to the Administrative Office of the Division of Codes and Standards within ten (10) days of the date of adoption.

8.40.020. Findings.

A. Statement of Objectives. Pursuant to Ordinance No. 282, in assuming enforcement responsibilities under the State Mobilehome Laws, the City has adopted the statement of objectives contained in the State Mobilehome Laws. The City's specific objectives in accepting statutory authority are to provide for timely and reliable enforcement of the State Mobilehome Laws regarding use, maintenance, and occupancy, and to protect public health, safety and welfare.

B. Installation and Occupancy of MH-Units More Than Ten Years Old and Commercial Modulars Converted Dwellings in Mobilehome Parks.
(1) Health and Safety Code Section 18550 provides that it is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes or mobilehomes wherever the manufactured homes or mobilehomes are located, or recreational vehicles located in mobilehomes parks: (a) any manufactured home, mobilehome, or recreational vehicle supplied with fuel, gas, water, electricity, or sewage connections, unless the connections and installations conform to HCD regulations; (b) any manufactured home, mobilehome, or recreational vehicle that is permanently attached with underpinning or foundation to the ground, except for a manufactured home or mobilehome bearing a department insignia or federal label, that is installed in accordance with Part

2.1 of the Mobile Home Parks Act; (c) any manufactured home, mobilehome, or recreational vehicle in an unsafe or unsanitary condition; and (d) any manufactured home, mobilehome, or recreational vehicle that is structurally unsound and does not protect its occupants against the elements. (2) The State Mobilehome Park Laws authorize an enforcement agency to inspect mobilehomes, manufactured homes and commercial modulars prior to their installation and occupancy inside a mobilehome park for the purpose of human habitation or occupancy as a dwelling, and provides that the enforcement agency may determine whether the proposed installation and occupancy complies with applicable requirements of the State Mobilehome Park Laws and other provisions of law. The State Mobilehome Park Laws also provide that if there are any immediate hazards to the life, health or safety of an occupant, a unit inside a park shall not be occupied. In addition, the City may issue notices of 16304/24/2023 City Council Agenda

violation for park or unit violations, and may seek correction or abatement of any violation in the superior court if the owner fails to correct the violation(s).
(3) In the course of carrying out its duties as enforcement agency inside mobilehome parks, the City finds that there has been a deterioration in the condition of mobilehome parks due to the installation and occupancy of mobilehomes that are more than ten years old which are characterized by uncorrected defective or substandard conditions. In recent years, older mobilehomes have been moved into parks in the City from other locations including both inside and outside the City, as well as from outside the United States. Frequently these older mobilehomes do not meet the current requirements of federal law and/or the State Mobilehome Park Laws with respect to construction, installation and/or occupancy requirements for use as dwellings, and contain defective or other substandard conditions, including but not limited to uncorrected violations identified in notices of violation issued by other jurisdictions where the units were previously located. Some owners have set-down these mobilehomes without required inspections and permits, or allowed people to live in these mobilehomes before correcting the defective conditions, thereby subjecting those residents to unsafe, unhealthy and other substandard living conditions, and resulting in the deterioration of the mobilehome park communities in which they are located. The City further finds that in recent years, some park owners have installed commercial modulars inside mobilehome parks in order to rent those commercial modulars as permanent dwellings, even though such modulars have not been approved for use as residences by HCD and do not meet construction, installation and/or occupancy requirements for use as dwellings. The City therefore finds that additional procedures are necessary to clarify the responsibilities of owners to correct defective conditions prior to the installation and occupancy of older mobilehomes and commercial modulars inside mobilehome parks, in order to ensure that the residents are not subjected to substandard conditions, and to ensure that any such mobilehomes and commercial modulars comply with all applicable requirements of federal and state laws, for the protection of the health and safety of their occupants and other residents of the City.

C. Scope. This Chapter applies to installation and occupancy of mobilehomes, manufactured homes, multifamily manufactured homes and recreational vehicles as residences in mobilehome parks, when more than ten years have elapsed between the date of manufacture of the proposed home and the date of the application to the City for the issuance of the setdown permit and occupancy of the home; and to the proposed installation of commercial modulars located, or proposed to be located, inside parks for use as residences. For the prohibition on installation of mobilehomes or other manufactured homes more than ten years old outside mobilehome parks, see Section 88.0101 of Chapter 1 of Division 8 of the Development Code. For regulation of commercial modulars outside of mobilehome parks generally, see Division 4 of the Development Code.

8.40.030. Definitions.

For purposes of this Chapter, the following terms, phrases, words and their derivation shall have the meanings respectively ascribed to them by this section. Terms, phrases and words not defined in this section shall have the meaning ascribed in the Mobile Home Parks Act, Title 25, or the Yucaipa Municipal Code.

A. “Accessory building or structure” means any awning, window awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, stairway, ramp, or porch, or any other building or structure other than a patio, established for the use of the occupant of a mobilehome, manufactured home, multifamily manufactured home, recreational vehicle or commercial modular. 16404/24/2023 City Council Agenda

B. “Certificate of occupancy” is a document, or the finaled building set-down permit, issued by the City when a mobilehome, manufactured home, multifamily manufactured home, or a converted commercial modular unit, when installed on a foundation system and connected to all necessary utilities, has passed required inspections and has been approved for occupancy as a dwelling within a mobilehome park.

C. “City” means the City of Yucaipa.

D. “Code” or “Municipal Code” means the Municipal Code of the City of Yucaipa, as amended from time to time.

E. “Commercial modular” or “commercial coach” means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes (but not for residential occupancy), which is required to be moved under permit, and includes a trailer coach as defined in Section 635 of the Vehicle Code; and a “commercial modular” as defined in Section 18001.8 of the Health and Safety Code.

F. “Defective condition” means any mobilehome, manufactured home, multifamily manufactured home, recreational vehicle, or commercial modular that has, is characterized by or contains any defective material, systems, workmanship or equipment that constitutes a substandard condition or otherwise violates any provision of this Chapter, the Code, the State Mobilehome Park Laws, and/or any other provision of federal or state law applicable to the construction, alteration, installation or setdown, use, occupancy of the unit or commercial modular as a dwelling, or that otherwise endangers the life, health and safety of any resident of the unit or commercial modular, any other park resident, or the community.

G. “Department” means the Department of Community Development of the City of Yucaipa.

H. “Development Code” means the Development Code of the Municipal Code of City of Yucaipa, as amended from time to time.

I. “Director” means the Director of the Department of Community Development of the City of Yucaipa, or his/her designee.

J. “Enforcement agency” means the same as defined in Health and Safety Code Section 18207, and includes the City of Yucaipa, HCD and any city, county, or city and county which served or serves as the enforcement of the State Mobilehome Park Laws pursuant to Health and Safety Code Section 18300.

K. “HCD” means the California Department of Housing and Community Development.

L. “Insignia” or “label of approval”:
(1) With respect to a mobilehome, manufactured home, or multifamily manufactured home, “insignia or label of approval” means the same as defined in Section 1002(i) of Title 25, and includes a tag or label required pursuant to Health and Safety Code Section 18026 or 18027.3 and permanently affixed to each section of a unit indicating compliance with applicable regulations of HCD or with the Federal Manufactured Home Construction and Safety Standards, Title 24 of the Code of Federal Regulations, Part 3280.
16504/24/2023 City Council Agenda

(2) With respect to a recreational vehicle, “insignia or label of approval” means the same as defined in Section 2002(i) of Title 25, and includes a tag or label issued pursuant to Health and Safety Code Section 18027.3 or 18027.5 and permanently affixed to the unit indicating compliance with applicable regulations of the department or with the American National Standards Institute Standards A119.2 or A119.5.

M. “Install” or “setdown” means as follows:
(1) With respect to a mobilehome, manufactured home, multifamily manufactured home, or recreational vehicle, “install” or “setdown” means the location, installation, reinstallation or placement of such mobilehome, manufactured home, multifamily manufactured home, or recreational vehicle, on any lot or other site within a mobilehome park in the City, whether such mobilehome, manufactured home, multifamily manufactured home, or recreational vehicle is from the same park, a different park in the City, or from a site or other location outside the City. “Install” or “setdown” also includes, but is not limited to, the alteration, addition or changes to an original or prior installation within a park in the City, and the alteration, modification, or replacement of the mobilehome stabilizing devices, load-bearing supports, or both, for such mobilehome, manufactured home, multifamily manufactured home, or recreational vehicle.
(2) With respect to a commercial modular, “install” or “setdown” means the location, installation, reinstallation or placement of any commercial modular on any lot or other site within a mobilehome park in the City, whether such commercial modular is from the same park, a different park in the City, or from a site or other location outside the City; and includes but is not limited to, the alteration, addition or changes to an original or prior installation of a commercial modular within a park in the City, and the alteration, modification, or replacement of any stabilizing devices, load-bearing supports, or both, for such commercial modular.

N. “Land Use Compliance Review” means the land use compliance review procedures and requirements set forth in Section 83.030305 of Article 3 of Division 3 of Chapter 3 of the Development Code.

O. “Lot” means any area or tract of land or portion of a mobilehome park legally designated or used for the occupancy of one manufactured home, mobilehome, multifamily manufactured home, or recreational vehicle.

P. “Lot line change” means the alteration, movement, or shifting of a lot line of an existing lot within a mobilehome park.

Q. “Lot creation” means the initial establishment of a lot line for a new lot within a mobilehome park.

R. “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and includes any other “manufactured home” as defined in Health and Safety Code Sections 18007 and 18210.5.
16604/24/2023 City Council Agenda

S. “MH-unit” includes a mobilehome, manufactured home, or multifamily manufactured home.

T. “Mobilehome” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and includes any “mobilehome” as defined in Health and Safety Code Sections 18008 and 18211. “Mobilehome” does not include a commercial modular, as defined in Section 18001.8, factory-built housing, as defined in Section 19971, a manufactured home as defined in Section 18007, a multifamily manufactured home as defined in Section 18008.7, or a recreational vehicle as defined in Section 18010 of the Health and Safety Code.

U. “Mobilehome/Manufactured home installation acceptance certificate” means a document issued by the City when a mobilehome, manufactured home, or multifamily manufactured home is approved for occupancy by the City within a park pursuant to Health and Safety Code Section 18613 or 18551(b).

V. “Mobilehome park” or “park” means an area or tract of land designed as a single unit where spaces for two or more mobilehomes used for human habitation are rented or leased on a monthly or longer basis, or owned separately; and includes any “mobilehome park” as defined by Health and Safety Code Section 18214 and a manufactured housing community as defined by Health and Safety Code Sections 18210.7 and 18214.1.

W. “Multifamily manufactured home” means (1) a structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units, a dormitory, or an efficiency unit, to be used either with a support system pursuant to Health and Safety Code Section 18613 or a foundation system pursuant to Health and Safety Code Section 18551(a); or (2) a structure transportable under permit in one or more sections, designed to be used with a foundation system for three or more dwelling units, as defined by Health and Safety Code Section 18003.3; and includes any multifamily manufactured home as defined in Health and Safety Code Section 18008.7.

X. “Notice of Violation” means and includes any notice or order issued by the City, HCD or any other enforcement agency or other local, state or federal governmental entity identifying and ordering correction and/or abatement of any violation of this Chapter, the Code, and/or the State Mobilehome Park Laws, or any other provision of law, with respect to (1) the construction, alteration, repair, installation, setdown, reinstallation, moving removal, demolition, condition or occupancy of a mobilehome, manufactured home, multistory manufactured home, or recreational vehicle in a mobilehome park in the City; (2) the construction, alteration, repair, installation, setdown, reinstallation, moving, removal, demolition, condition or occupancy of commercial modular as a permanent residence in a mobilehome park in the City; and/or (3) the violation of a permit or approval issued under the provisions of any of these laws. A notice of violation includes, but is not limited to, any level of violation, such as an administrative citation, yellow tag or red tag relating to such unit or commercial modular issued for a violation. As used herein, “red tag” and “yellow tag” have the following meanings:

UNSAFE (Red Tag): Any MH-unit, recreational vehicle, commercial modular or accessory building or structure (or component thereof) that poses an imminent threat to life or safety 16704/24/2023 City Council Agenda

under expected loads or other unsafe conditions will be posted with a red placard reading “UNSAFE.” These are not demolition orders.

RESTRICTED USE (Yellow Tag): When there is some risk from damage in all or part of the building that does not warrant red-tagging, a yellow tag will be used reading “RESTRICTED USE.” The placard will indicate the specific restriction (i.e., entry, duration of occupancy, use, etc.).

Y. “Nuisance” means a nuisance as defined in Section 1002 of Title 25 of the Regulations, and includes a “nuisance” as defined in Civil Code Section 3479; “private nuisance” as defined in Civil Code Section 3481; and “public nuisance” as defined in Civil Code Section 3480 and Penal Code Section 370, and any other form of nuisance recognized at common law or in equity.

Z. “Operator” means the same as defined in Section 1002 of Title 25, and includes the person or entity to whom a permit to operate is issued by the Department under the State Mobilehome Park Laws and this Chapter.

AA. “Owner” means any of the following:
(1) With respect to a commercial modular, “owner” means the registered owner of the commercial modular; and as otherwise defined in Title 25. (2) With respect to a mobilehome, manufactured home, multistory manufactured home or recreational vehicle, “owner” means (a) the occupants of a mobilehome, manufactured home, multistory manufactured home, or recreational vehicle, or (b) the registered owner of the mobilehome, manufactured home, multistory manufactured home or recreational vehicle, if different from the occupant; and as otherwise defined in Title 25.
(3) With respect to a mobilehome park, “owner” means the owner of the park through title, lease, registration or other legal document; and as otherwise defined in Title 25.

BB. “Patio” means a paved or raised area not to exceed eight (8) inches in height above grade, used for access or recreational activities.

CC. “Person” means any individual, partnership, corporation or other entity.

DD. “Porch” means a freestanding, outside walking platform with an area exceeding twelve (12) square feet, having a floor or deck surface elevated more than eight (8) inches above grade.

EE. “Pre-setdown inspection permit” means a permit issued by the City of Yucaipa confirming the inspection of a mobilehome, manufactured home, multistory manufactured home, recreational vehicle, or commercial modular prior to its installation inside a mobilehome park in the City of Yucaipa pursuant to this Chapter.

FF. “Recreational vehicle” means the same as defined in Health and Safety Code Section 18010.

GG. “Registered owner” means, with respect to a mobilehome, manufactured home, multifamily manufactured home, or recreational vehicle, the person(s) registered as the owner of the unit in accordance with Title 25.
16804/24/2023 City Council Agenda

HH. “State Mobilehome Park Laws” means the Division 13, Part 2.1, commencing with Section 18200 (Mobilehome Parks Act), and Part 2.3, commencing with Section 18860 (Special Occupancy Parks Act), of the California Health & Safety Code, and their related administrative regulations set forth in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations, as amended from time to time.

II. “Substandard accessory building or structure or building any component thereof” means the same as defined in Section 1608 of Title 25.

JJ. “Substandard MH-unit” means the same as defined in Section 1606 of Title 25.

KK. “Substandard recreational vehicle” means the same as defined in Section 1607 of Title

25. LL. “Title 25” or “Regulations” means the administrative regulations set forth in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations, as amended from time to time.

MM. “Unit” includes a manufactured home, mobilehome, multifamily manufactured home, or recreational vehicle.

8.40.040. Installation and Occupancy of MH-Units and Recreational Vehicle More Than Ten Years Old in Mobilehome Parks.

A. Scope. In addition to all other requirements of the Code, the requirements of this Section shall apply to the installation of a MH-unit in a mobilehome park in the City for purposes of human habitation or occupancy as a dwelling, when more than ten years have elapsed between the date of manufacture of the MH-unit and the date of the application to the City for the issuance of the permit.

This Section also applies to any recreational vehicle more than ten years old that is installed or proposed to be installed for use and occupancy as a permanent dwelling within a mobilehome park.

B. Permits and Approvals Required.
(1) Pre-Setdown Inspection Permit. No person shall install any MH-unit or recreational vehicle that is more than ten years old on any lot or other site within a mobilehome park in the City for the purpose of human habitation or occupancy as a dwelling unless and until completion of inspection of the unit and approval of a pre-setdown inspection permit by the Director in accordance with the requirements of this Section.
(2) Occupancy. No MH-unit or recreational vehicle that is more than ten years old shall be used for the purpose of human habitation or occupancy as a dwelling unless and until issuance of a mobilehome/manufactured home installation acceptance certificate (or certificate of occupancy for a MH-unit on a foundation) approved by the Director in accordance with the requirements of this Section. (a) No person shall use or occupy any MH-unit or recreational vehicle that is more than ten years old for the purpose of human habitation or occupancy as a dwelling in a mobilehome park in the City unless and until final approval of occupancy has been issued by the Director in accordance with the requirements of this Section.
(b) No owner of any MH-unit or recreational vehicle that is more than ten years old, and no owner or operator of a park, shall allow, cause or permit any other person to use, reside 16904/24/2023 City Council Agenda

in or occupy any MH-unit or recreational vehicle that is more than ten years old for the purpose of human habitation or occupancy as a dwelling in a mobilehome park in the City unless and until final approval of occupancy has been issued by the Director in accordance with the requirements of this Section.

C. Procedures - Pre-Setdown Inspection Permits.
(1) Applications. Application for a pre-setdown inspection permit for installation of a MH-unit or recreational vehicle more than ten years old shall be made to the Director on the forms provided by the Department, and shall include all information, approvals, plans and other documentation required by this Chapter, the Code and the State Mobilehome Park Laws, including but not limited to the following requirements. The application shall be accompanied by the required fees as established by the City Council.
(2) Prerequisites to Approval. No pre-setdown inspection permit shall be approved by the Director, and a MH-unit or recreational vehicle more than ten years old shall not be installed in a park in the City, unless and until the applicant demonstrates compliance with all of the following requirements.
(a) Compliance with Applicable Law. Issuance of a pre-setdown inspection permit and installation of a MH-unit or recreational vehicle more than ten years old in a park shall be subject to, and in compliance with, the relevant requirements of the Code, the State Mobilehome Park Laws and all other statutes and regulations relating to such installations. (b) Land Use Compliance Review. To the extent required by any other provision of the Code, approval of a Land Use Compliance Review by the Director shall be required. (c) Insignia or Label of Approval. Verification by the Department that (i) the MH-unit bears an insignia or label of approval by HCD reflecting that the unit complies with applicable HCD regulations or that (ii) the MH-unit bears an insignia issued pursuant to the Federal Manufactured Home Construction and Safety Standards, Title 24 of the Code of Federal Regulations, Part 3280. (d) Compliance with Lot Lines. Confirmation by the Department that the MH- unit or recreational vehicle will be installed within a mobilehome park on a pre-existing lot, with the originally approved lot lines clearly marked, unless a Lot Line Change or Lot Creation has been approved by the City pursuant to the State Mobilehome Park Laws and Section 8.40.060 of this Chapter. If the applicant proposes to install the unit outside the originally approved lot lines, approval of a Land Use Compliance Review by the Director shall also be required. (e) Certification of No Pending Notices of Violation or Abatement Orders/Clearance and Correction. An affidavit or declaration, signed by the owner of the MH-unit under penalty of perjury, certifying that the unit is not subject to a notice of violation or abatement order from the City, HCD, or any other enforcement agency, shall be required. If the unit is subject to a pending notice of violation or abatement order, the applicant shall comply with Paragraph (f) or (g). (f) HCD Clearance. Except as otherwise provided in Paragraph (g), no pre- setdown inspection permit shall be approved for installation of a MH-unit or recreational vehicle more than ten years old, and no such unit shall be installed on any lot or other site within a mobilehome park in the City, unless and until (i) the Department has inspected the exterior of the MH-unit and has determined that the proposed unit complies with the Code, and (ii) the unit owner provides the City with documentation issued by HCD certifying that the interior of such unit is in compliance with federal law 17004/24/2023 City Council Agenda

and all applicable State Mobilehome Park Laws, including compliance with all health, safety and other standards and requirements applicable to such unit for installation and use for human habitation or occupancy as a dwelling. Proof of HCD clearance shall be included along with the permit application for the installation of the unit in the park except as otherwise provided in Paragraph (g). (g) City Inspection.
(i) If the applicant does not possess HCD clearance at the time of application for the pre-setdown permit, the unit owner may request, concurrently with the set-down permit application, that the Department inspect the interior of the unit in order to assist in evaluating whether the unit is in compliance with the Code and applicable provisions of federal law and State Mobilehome Park Laws, including compliance with all health, safety and other standards and requirements applicable to such unit for installation and use of such unit for human habitation or occupancy as a dwelling. The Department may, in its discretion, carry out a visual inspection or refer the applicant to HCD for certification.
(ii) If, upon visual inspection, the Department determines that there may be defective conditions and/or that the unit is substandard, the Department shall refer the unit owner and/or unit to HCD for further review by HCD to determine if there are defective or substandard conditions and/or other violations of this Code and the State Mobilehome Park Laws or other provisions of state or federal law that require correction and for the applicant to obtain certification in accordance with Paragraph (f).
(iii) If the Department refers the applicant to HCD for certification under either Subparagraph (i) or (ii), the pre-set-down permit application shall be returned without action and must be re-filed with concurrent submittal of HCD certification, unless the Department makes the findings required by Subparagraph (iv).
(iv) Notwithstanding the foregoing, the pre-setdown permit may be approved if the Department determines that (aa) the defective or substandard conditions or other violations do not constitute an immediate hazards to the health and safety of occupants, the park or any other residents of the City, and (bb) such defective or substandard conditions or violations may be abated in a reasonable period of time based upon conditions incorporated into the permit. Approval of installation under this provision shall not relieve the unit owner from correcting any violations identified in the conditions of approval of the pre-setdown inspection permit, or relieve the applicant from compliance with any other requirements imposed by HCD or state or federal laws as a precondition to occupancy of the unit.
(h) Elimination of Defective or Substandard Conditions. Notwithstanding any other provision of this Section, no pre-setdown inspection permit shall be approved for a MH-unit or recreational vehicle more than ten years old, and no such unit shall be installed on any lot or other site in a mobilehome park in the City, unless and until all defective or substandard conditions of such MH- unit have been corrected in accordance with the State Mobilehome Park Laws and any other applicable provision of state or federal law and this Chapter, unless the Director, in his/her discretion, makes all of the findings required by Section 8.40.040(C)(2)(g)(iv) of this Chapter.

D. Procedures -- Occupancy Approval.
(1) Applications. Applications for a mobilehome/manufactured home installation acceptance certificate or certificate of occupancy of a MH-unit or recreational vehicle more than ten 17104/24/2023 City Council Agenda

years old shall be made to the Director on the forms provided by the Department, and shall include all information, approvals, plans and other documentation required by the State Mobilehome Park Laws and the Code. The application shall be accompanied by the required fees established by the City Council. (2) Compliance with Applicable Law. Occupancy approval shall be subject to and in compliance with the relevant requirements of the Code, the State Mobilehome Park Laws and all other statutes and regulations relating to occupancy of a MH-unit. (3) Prerequisites for Approval. No mobilehome/manufactured home installation acceptance certificate or certificate of occupancy shall be issued for a MH-unit or recreational vehicle that is more than ten years old unless and until the applicant demonstrates compliance with all of the following requirements.
(a) Pre-setdown inspection permit required. Approval of a pre-setdown inspection permit and all inspections, clearances and approvals required by Section 8.40.040(C) of this Chapter.
(b) Installation compliance. Demonstration by the applicant that the MH-unit or recreational vehicle has been installed in accordance with the pre-setdown inspection permit, and confirmation by the Department that the unit is in compliance with all requirements of the permit and provisions of this Chapter.
(c) Compliance with Correction or Abatement Conditions. Issuance of the mobilehome/manufactured home installation acceptance certificate or certificate of occupancy shall not relieve the unit owner from correcting any and all violations subject to abatement in accordance with the conditions of the pre-setdown inspection permit or final occupancy approval and thereafter maintaining the unit in accordance with the requirements of this Chapter.

8.40.050. Installation and Occupancy of Commercial Modulars Converted to Dwellings in Mobilehome Parks.

A. Scope. In addition to all other requirements of the Code, the requirements of this Section apply to the installation and occupancy of a commercial modular in a mobilehome park in the City for purposes of human habitation or occupancy as a dwelling. The scope of this Section includes all of the following:
(1) A commercial modular brought into a park in the City from any other location whether inside or outside the City and previously or subsequently converted from any industrial, professional, commercial or other non-residential use for use as a residence or dwelling; (2) An existing commercial modular in a park that is converted in place from any non-residential use to use as a residence or dwelling.

B. Permits and Approvals Required.

1. Pre-Setdown Inspection Permit.
(a) No person shall install any commercial modular on any lot or other site in a mobilehome park in the City for the purpose of human habitation or occupancy as a dwelling, or otherwise convert an existing commercial modular from industrial, professional, or commercial use into 17204/24/2023 City Council Agenda

a dwelling, unless and until completion of inspection of the commercial modular and approval of a pre- setdown inspection permit by the Director, in accordance with the requirements of this Section. (b) No owner of any commercial modular, no park owner and/or no park operator shall allow, cause or permit any other person to install any commercial modular in a mobilehome park in the City for the purpose of human habitation or occupancy as a dwelling unless and until an inspection of the commercial modular has been carried out and a pre-setdown inspection permit has been approved by the Director in accordance with the requirements of this Section.

2. Certificate of Occupancy.
(a) No person shall use or occupy any commercial modular for the purpose of human habitation or occupancy as a dwelling in a mobilehome park in the City unless and until a certificate of occupancy has been approved by the Director in accordance with the requirements of this Section.
(b) No owner of any commercial modular, and no park owner or park operator, shall allow, cause or permit any other person to use, reside in or occupy any commercial modular in a park in the City for the purpose of human habitation or occupancy as a dwelling unless and until a certificate of occupancy has been approved by the Director in accordance with the requirements of this Section.

C. Procedures -- Pre-Setdown Inspection Permits.
(1) Applications. Application for a pre-setdown inspection permit for a commercial modular to be used as a dwelling shall be made to the Director on the forms provided by the Department, and shall include all information, plans and documentation required by the State Mobilehome Park Laws and this Code. The application shall be accompanied by the fees as established by the City Council. (2) Prerequisites to Approval. No pre-setdown inspection permit shall be approved by the Director, and no commercial modular shall be installed in a park in the City unless and until the applicant demonstrates compliance with all of the following requirements. (a) Compliance with Applicable Law. Issuance of a pre-setdown inspection permit and installation of a commercial modular shall be subject to and in compliance with the relevant requirements of the State Mobilehome Park Laws, and the Code for installation, use and occupancy of the commercial modular as a dwelling in a park. Converting or altering a manufactured commercial unit for use as a dwelling unit requires HCD permit(s). Proof of HCD permits, final HCD approvals and registration as a dwelling unit shall be presented to the City along with the Pre-Setdown Inspection Permit application.
(b) Land Use Compliance Review. To the extent required by any other provision of the Code, approval of a Land Use Compliance Review by the Department shall be required. (c) Insignia or Label of Approval. Verification by the Department that the commercial modular bears an insignia or label of approval by HCD reflecting compliance with all applicable HCD regulations and federal requirements for purposes of human habitation or occupancy as a dwelling. A federal label or insignia of approval issued by HCD for industrial, professional or commercial purposes pursuant to Section 18026 of the Health and Safety Code and/or Section 1399 of Title 25 shall not be sufficient.
17304/24/2023 City Council Agenda

(d) Compliance with Lot Lines. Confirmation by the Department that the commercial unit will be installed within a mobilehome park on a pre-existing lot within a park, with the originally approved lot lines clearly marked, unless a Lot Line Change or Lot Creation has been approved by the City pursuant to the State Mobilehome Park Laws and Section 8.40.060 of this Chapter. If the applicant proposes to install the unit outside the originally approved lot lines, approval of a Land Use Compliance Review by the Director shall also be required. (e) Certification of No Pending Notices of Violation or Abatement Orders/Clearance and Correction. An affidavit or declaration, signed by the owner of the commercial modular under penalty of perjury, certifying that the commercial modular is not subject to a notice of violation or abatement order from the City, HCD, or any other enforcement agency, shall be required. If the commercial modular is subject to a pending notice of violation or abatement order, the applicant shall provide certification by HCD or other issuing enforcement agency that the violation has been abated or corrected.
(f) HCD Clearance. No commercial modular shall be installed on any lot or other site within a mobilehome park in the City or used as a dwelling, and approval of a pre-setdown inspection permit shall not be issued, unless and until (i) the Department has inspected the exterior of the commercial modular and determined that the commercial modular complies with all requirements of the Code for use as a dwelling; and (ii) the owner of the commercial modular provides the City with documentation issued by HCD certifying that the interior of such commercial modular is in compliance with federal law and all applicable State Mobilehome Park Laws, including compliance with all health, safety and other standards and requirements applicable to such commercial modular, for installation and use for human habitation or occupancy as a dwelling. Proof of HCD clearance shall be included in any application for a permit for the installation of the commercial modular in the park, except as otherwise provided by Paragraph (g).
(g) City Inspection.
(i) If the applicant does not possess HCD clearance at the time of application for the pre-setdown permit, the unit owner may request, concurrently with the set-down permit application, that the Department inspect the interior of the commercial modular in order to assist in evaluating whether the commercial modular is in compliance with the Code and applicable provisions of federal law and applicable State Mobilehome Park Laws, including compliance with all health, safety and other standards and requirements applicable to installation and use of such commercial modular for human habitation or occupancy as a dwelling. The Department may, in its discretion, carry out a visual inspection or refer the applicant to HCD for certification. (ii) Following any visual inspection, the Department shall refer the unit owner and/or unit to HCD for further review by HCD to determine if there are defective or substandard conditions and/or other violations of this Code and the State Mobilehome Park Laws or other provisions of state or federal law that require correction and for the applicant to obtain certification in accordance with Paragraph (f).
(iii) Upon the Department’s referral of the applicant to HCD for certification under either Subparagraph (i) or (ii), the pre-setdown permit application shall be returned without action and must be re-filed with concurrent submittal of HCD certification. 17404/24/2023 City Council Agenda

(h) Elimination of Defective or Substandard Conditions.

Notwithstanding any other provision of this Section, no pre-setdown inspection permit shall be approved for any commercial modular for use as a dwelling, and no commercial modular shall be installed on any lot or other site in a mobilehome park in the City for use as a dwelling, unless and until all defective or substandard conditions of such commercial modular have been corrected, and HCD certification has been provided to the Department by the applicant in accordance with this Section.

D. Procedures -- Occupancy Approval.
(1) Applications. Applications for a commercial modular unit converted, or altered, to a dwelling unit installation acceptance certificate or certificate of occupancy shall be made to the Director on the forms required by the Department, and shall include all information, approvals, plans and other documentation required by this Chapter and the State Mobilehome Park Laws. The application shall be accompanied by the required fees established by the City Council. (2) Compliance with Applicable Law. Occupancy approval shall be subject to and in compliance with all relevant requirements of this Chapter, the Code and the State Mobilehome Park Laws and other statutes and regulations relating to use and occupancy of a commercial modular for the purpose of human habitation or occupancy as a dwelling. (3) Prerequisites for Approval. No dwelling unit installation acceptance certificate or certificate of occupancy shall be issued for a commercial modular unit that is converted or altered to a dwelling unit unless and until the applicant demonstrates compliance with all of the following requirements.
(a) Pre-setdown inspection permit required. Approval of a pre-setdown inspection permit from the Director, and all inspections, clearances and approvals required by Section

8.40.050(C) of this Chapter.
(b) Installation compliance. Demonstration by the applicant that the commercial modular has been installed in accordance with the pre-setdown inspection permit and confirmation by the Department that the commercial modular is in compliance with all requirements of the permit and provisions of this Chapter.
(c) Compliance with Correction or Abatement Requirements. Approval of a certificate of occupancy shall not relieve the commercial modular owner from correcting any and all violations subject to abatement in accordance with the conditions of the pre-setdown inspection permit or certificate of occupancy, and thereafter maintaining the commercial modular in accordance with the requirements of this Chapter.

8.40.060. Lot Lines in Mobilehome Parks.

A. Approvals Required.
(1) Land Use Compliance Review. Any lot creation or lot line change shall require approval of a Land Use Compliance Review by the Director. (2) Permit to Operate. Approval of an amended permit to operate shall be required for the construction of additional lots to an existing park. 17504/24/2023 City Council Agenda

B. Application Procedures. An application for a lot creation or lot line change shall include all documentation and information required by the Code and the State Mobilehome Laws, including but not limited to, documentation establishing the former lot lines and the proposed new lots and/or proposed new lot lines, and all notices required by the Regulations. Prior to approval of any application that includes a lot line change or lot creation, an on-site inspection shall be required in order for the Department to ensure consistency with this Chapter and the application. No approval shall be given for lot line changes or lot creations without identification of the existing lot line locations, to the satisfaction of the Department. The application shall be accompanied by the fees established by the City Council.

C. No lot line shall be created, moved, shifted, or altered if the proposed lot line change or lot creation will place any unit, commercial modular, building or structure (including permanent or accessory buildings or structures) in violation of any provision of the State Mobilehome Laws, this Chapter, the Code, or any other applicable provision of law.

D. No person shall operate, occupy, rent, lease, sublease, let out, or hire out for occupancy any lot in a park that has been constructed, reconstructed, or altered without having obtained a permit and Land Use Compliance Review as required by this Chapter.

8.40.070. Fees.

An applicant for a pre-setdown inspection permit, occupancy approval and/or lot line application shall pay all fees required pursuant to the schedule of fees adopted by the City Council from time to time.

8.40.080. Violations and Abatement.

A. Responsibility for Correction of Violations. The owner of any MH-unit, recreational vehicle, commercial modular or mobilehome accessory building or structure located in a mobilehome park that is constructed, altered, installed or setdown, converted, used, occupied or maintained in a manner that constitutes a violation of this Chapter, any provision of the State Mobilehome Park Laws or any other provision of law, is required to abate the violation.

B. Public Nuisance. Any uncorrected violation, and every substandard MH-unit, substandard recreational vehicle, substandard commercial modular, and/or substandard mobilehome accessory building or structure, located within a mobilehome park is declared to be a nuisance, and shall be abated by repair, rehabilitation, demolition or removal as hereinafter provided.

C. Procedures. Procedures for issuance of notices of violation, orders to correct, informal conferences, abatement and removal shall be governed by Chapters 3, 3.5 and 4 of Part 2.1 of Division 13 of the Health and Safety Code (Sections 18400 through 18518) and Sections 1600 through 1619 and Sections 1750 through 1759 of Title 25.

D. Summary Abatement. Where the Director determines that any MH-unit, recreational vehicle, commercial modular, or mobilehome accessory building or structure in a mobilehome park constitutes an immediate threat to public health and safety of any occupants, other park residents, or any other person or property, the Director may order the summary abatement of the conditions constituting the threat and a hearing shall be held pursuant to Section 8.16.300 (Emergency Abatement) or any other provision for summary abatement authorized under law.

17604/24/2023 City Council Agenda

8.40.090. Enforcement and Remedies.

A. It shall be unlawful for any person to violate any provision of this Chapter, the Code or any provision of the State Mobilehome Park Laws.

B. Any person who willfully violates any provision of this Chapter, the Code or the State Mobilehome Park Laws is guilty of a misdemeanor, punishable by a fine not exceeding four hundred dollars ($400) or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person, and be shall be punishable accordingly.

C. Any permit holder who willfully violates any provision of this Chapter, the Code or the State Mobilehome Park Laws shall be subject to suspension or revocation of his or her permit to operate.

D. Any person who willfully violates any provision of this Chapter, the Code or the State Mobilehome Park Laws shall be liable pursuant to Chapter 1.13 of the Code for an administrative citation of five hundred dollars ($500) for each violation or for each day of a continuing violation. The City shall institute or maintain an action in the appropriate court to collect any civil penalty arising under this Section.

E. It is unlawful for the person ordered to abate a violation to fail or refuse to remove and abate that violation within the time period allowed in the order after the date of posting of an order on the cited unit, structure, or property or receipt of an order. After the expiration of the time period allowed for an order related to a violation, the City may initiate any appropriate action or proceeding to abate the violation, including but not limited to seeking a court order for abatement by a receiver or other person.

F. Upon the failure or refusal of any park owner or operator to abate any nuisance in the park within the time period required by the City, the City may seek enforcement through any civil or criminal remedy available under law, including but not limited to, the City Attorney or City prosecutor may bring a civil action to abate the nuisance in the superior court in the name of the people of the State of California.

G. The owner of the unit or commercial modular, or any other cited person or entity that fails to correct a violation or abate a nuisance within the time allotted in the original correction order, or any extension thereto, shall be held responsible for the costs of abatement of the violation. Costs of abatement, for purposes of this section, may include the City’s investigative and case preparation costs, court costs and attorney fees, the cost associated with any physical actions taken to abate the violation, and any technical service or other fees due to the City related to the abatement activity. If the unit or commercial modular is in such condition that identification numbers are not available to determine ownership, or the City is unable to locate the owner after making a reasonable effort to do so, the owner of the property on which the unit is located shall be liable for such costs.

H. All remedies set forth in this Chapter shall be cumulative and non-exclusive.

8.40.100. Policies and Rules.

The Director may adopt rules and procedures to implement the requirements of this Chapter.

8.40.110. Park Owner and Operator Obligations.
17704/24/2023 City Council Agenda

No provision of this Chapter shall relieve any park owner or operator from its/their obligations to ensure that no mobilehome, manufactured home, multistory manufactured home, or commercial modular is installed, occupied or maintained in violation of this Chapter or any provision of the State Mobilehome Park Laws, including but not limited to the authority of the City to suspend the permit to operate if any person who holds a permit to operate violates the permit or the provisions of the State Mobilehome Park Laws. Suspension procedures shall be governed by the provisions of Health and Safety Code Section 18500 et seq. and Sections 1610 through 1612, 1617 through 1619, and 1750 through 1759 of Title 25.

8.40.120. State Law.

No provision of this Chapter is intended to modify or supersede any provision of the State Mobilehome Park Laws. In the event of any conflict between this Chapter and the State Mobilehome Park Laws, the State Mobilehome Park Laws shall take precedence. In the event it is determined by a court that state or federal law prohibits any requirement or other provision of this Chapter, such provision shall be deemed severable and all remaining provisions shall remain in full force and effect.” SECTION 4. Ordinance No. 282 Superseded. Upon the effective date of this Ordinance, Ordinance No. 282 is superseded in its entirety.

SECTION 5. No Other Amendments. Except as otherwise expressly adopted, the provisions of Title 8 of the Yucaipa Municipal Code shall remain in full force and effect without amendment.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof, or the validity or effectiveness of any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Chapter

8.40 of Title 8 the Yucaipa Municipal Code. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Ordinance are declared to be severable from any other provision of this Ordinance, and to be severable from any other provision of Chapter 8.40 of Title 8 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance.

SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 8. Publication and Posting. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa:

Ordinance No. 420 adds Yucaipa Municipal Code Chapter 8.40, “Regulation of Substandard Mobilehomes and Recreational Vehicles More Than Ten Years Old and Commercial Modulars in Mobilehome Parks” of Title 8 “Health and Safety,” Sections

8.40.010 through 8.40.120 to update existing procedures applicable to the City of Yucaipa as enforcement agency under the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq.) and Special Occupancy Parks Act (Health and Safety Code Section 18860) in order to adequately protect the interests of park owners and park residents when 17804/24/2023 City Council Agenda

mobilehomes and other units are moved into mobilehome parks in order to eliminate substandard conditions and ensure habitability of mobilehomes for the residents of mobilehome parks. The following provisions were approved:

A. Add Yucaipa Municipal Code Section 8.40.010 to codify existing Ordinance No. 282 whereby the City of Yucaipa previously assumed enforcement responsibility of the of the Mobilehome Parks Act and Special Occupancy Parks Act and related State regulations.

B. Add Yucaipa Municipal Code Sections 8.40.020 to amend the findings and purposes of the City of Yucaipa’s previous assumption of enforcement responsibility of the Mobilehome Parks Act and Special Occupancy Parks Act and related State regulations, to include provisions with respect to installation and occupancy of mobilehomes and recreational vehicles more than ten years old and the installation and occupancy of commercial modulars as dwellings in mobilehome parks including but not limited to authorization for determination of defective and substandard conditions with respect to habitability of these units for residents of mobilehome parks.

C. Add Yucaipa Municipal Code Section 8.40.030, to include definitions used in Chapter 8.40, including incorporation of definitions contained in the Mobilehome Parks Act and Title 25 of the California Code of Regulations.

D. Add Yucaipa Municipal Code Section 8.40.040 to update procedures for pre- setdown inspection permits and occupancy requirements for mobilehomes, manufactured homes, multifamily manufactured homes and recreational vehicles more than ten years old to authorize determination of defective or substandard conditions in order related to the health and safety of mobilehome park residents in accordance with State Mobilehome Park Laws.

E. Add Yucaipa Municipal Code Section 8.40.050 to establish procedures for pre- setdown inspection and occupancy requirements for commercial modulars proposed for use as dwellings in mobilehome parks and compliance with the requirements of the Development Code and other Municipal Code provisions as well as the Health and Safety Code and Title 25.

F. Add Yucaipa Municipal Code Section 8.40.060 regarding procedures for creation of new lot lines and lot line changes in mobilehome parks prior to installation of mobilehomes, recreational vehicles and commercial modulars on lots in mobilehome parks for use dwellings.

G. Add Yucaipa Municipal Code Sections 8.40.070 regarding fees for setdown of mobilehomes and other units inside mobilehome parks.

H. Add Yucaipa Municipal Code Sections 8.40.080, 8.40.090 and 8.40.110 regarding abatement procedures, enforcement and remedies for violations, and provisions ensuring park owner compliance with the requirements of the Ordinance and State laws. \\

\\

17904/24/2023 City Council Agenda

I. Add Yucaipa Municipal Code Sections 8.40.120 providing that state law supersedes provisions of the Municipal Code in the event of any inconsistencies.

PASSED, APPROVED and ADOPTED this _____ day of ______, 2023.

_________________________
Justin Beaver, Mayor

ATTEST: APPROVED AS TO FORRM

____________________________ _________________________ Ana V. Sauseda, CMC Steven Graham, City Attorney
City Clerk

18004/24/2023 City Council Agenda

← All documents from this meeting