Agenda Item No. 18
YUCAIPA CITY COUNCIL
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer liv Benjamin J. Matlock, Deputy Director of Community Development/City Plannerfl4-- FOR: City Council Meeting of May 13, 2024
SUBJECT: Adoption of Urgency Ordinance No. 466-U establishing a temporary moratorium for the installation of mobile homes greater than twenty years old in the City's 42 existing mobile home parks.
RECOMMENDATION:
That the City Council discuss and consider adopting Ordinance No. 466-U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, adopting an Interim Measure Imposing a Moratorium on the Installation, Modification, or Review and Approval of Applications for Mobile Home Set -Down Permits for Mobile Homes Over Twenty Years Old within all Mobilehome Parks Existing in the City. (4/5th vote required).
BACKGROUND/DISCUSSION:
This item was presented at the regular Council meeting of April 8, 2024, but did not receive the necessary 4/5 vote to be adopted. Following the Council meeting, a Council member who had voted no requested that this item be returned to allow for further discussion and possible action on the issue. The item was then continued from the meeting of April 22, 2024, to allow for a discussion between all of the Council members. During this time, the City also reached out to other stakeholders and have further amended the proposal, which is discussed further in the Agenda report.
In 2008, the City of Yucaipa adopted Ordinance No. 282 and assumed oversight of the City's 42 mobilehome parks. The City of Yucaipa chose to become a "Local Enforcement Agency" to best maintain local control and the enforcement of appropriate codes and requirements for the safety of the thousands of Yucaipa residents that live in our mobilehome parks. As a Local Enforcement Agency, the City of Yucaipa is responsible for the comprehensive park inspections and setdown permit requirements. It is important to note that the California Department of Housing and Community Development (HCD) remains responsible for interior and structural alterations for individual mobilehome units, as well as providing periodic audits of the City's Local Enforcement Agency activities to ensure consistency with Title 25 requirements.
For the safety of mobilehome residents, the National Manufactured Home Construction and Safety Standards Act of 1974 established the federal standards related to all aspects of construction, including design and construction strength, durability, and transportability of mobilehomes, and has been a common review threshold for the setdown of units. However, units originally
constructed under these requirements are now approximately 50 years in age. The City of Yucaipa has seen an increase of setdown permits for park -owned units that are several decades old, and Code Enforcement has also observed one unit that was delivered to the City that still had a "red - tag" slip from another agency, which indicates that this specific structure could pose a threat to the health and safety of its occupants. Once located in the park, these older structures are then rehabilitated by the park owner before an inspection is completed or sought by City or HCD staff.
Based on this growing concern, staff has developed an urgency ordinance pursuant to Government Code Section 65658 that would provide a stopgap measure by creating a temporary moratorium for the setdown of all mobile and manufactured homes older than 20 years old. Staff will subsequently work through potential solutions that allow for reinvestment within these parks without creating unsuitable and/or unsafe living conditions for our residents.
The City did reach out via teleconference to Robert Evans with the Manufactured Housing Educational Trust (MHET) and Julie Paule with the Western Manufactured Housing Communities Association (WMA) to discuss the proposed moratorium. They have indicated a willingness to assist in finding potential solutions while the moratorium is in place. The City also held a meeting with the Yucaipa Mobile Home Residents Association (YMRA), that had similarly indicated support towards ensuring the quality of life for future residents. However, based on inaccurate rumors of the ordinance, YMRA representatives noted concerns at the regular meeting of April 22, 2024, related to potential impacts that could occur to existing residents.
Based on inaccurate and misleading flyers that were presented to park residents, it should be noted that this Urgency Ordinance would only apply to new setdowns in the City's Mobilehome Parks.
Existing units, including resident -owned units, that are greater than 20 years old would not be impacted in any way. Furthermore, many of the existing parks also have their own age restrictions of 20 or 10 years old. City staff will be meeting at the YMRA meeting of May 11, 2024, to give additional information and clarify the proposal.
Changes since April 8, 2024:
The City met with Jian Chen and Victor Chen (owners of 10 Mobilehome Parks in the City), and their general manager, Rich Hess, on April 29, 2024, to discuss their concerns regarding the Urgency Ordinance. They are currently one of the parks that are currently placing older units in the City to replace their existing units. In the discussion, they requested that the Urgency Ordinance not prohibit units that are currently in the plan review process, and that they would also like to participate in the long-term strategy discussions. The request has been included in the updated Urgency Ordinance, and the City has agreed to collaborate with them, along with other key stakeholders, to find a solution that will work moving forward.
Environmental Review:
The adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant Section 15061(b)(3) covering activities with no possibility of having a significant effect on the environment as the Ordinance imposes a temporary moratorium related to the permitting requirements for older mobile home setdowns within existing mobile home parks.
FISCAL IMPACT:
There is no direct fiscal impact to the City's General Fund associated with this Urgency Ordinance.
Attachment:
1. Urgency Ordinance No. 466
Approved by:
ATTACHMENT
ORDINANCE NO. 466-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, ADOPTING AN INTERIM MEASURE
IMPOSING A MORATORIUM ON THE INSTALLATION,
MODIFICATION, OR REVIEW AND APPROVAL OF APPLICATIONS
FOR MOBILE HOME SET -DOWN PERMITS FOR MOBILE HOMES
OVER TWENTY YEARS OLD WITHIN ALL MOBILEHOME PARKS
EXISTING IN THE CITY
WHEREAS, the City of Yucaipa ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to the City's police power, the City Council of the City of Yucaipa ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health, and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a "contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, the City Council is concerned that there is a significantly increased number of substandard, old, and delipidated mobile homes being brought into the City that is incompatible with public health and safety of City residents, and the City Council believes that careful consideration and thorough study of potential regulations pertaining to this manner is required; and
WHEREAS, to address community concerns regarding the increased number of substandard, old, and delipidated mobile homes being brought into the City, it is necessary for the City Council to study the potential impacts such mobile homes may have on the public health, safety, and welfare; and
WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are:
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1. The City is concerned with the public nuisance caused by the significant increase in substandard, old, and delipidated mobile homes being brought into the City, involving the following:
a. Since 2021, mobile home parks throughout the City have applied for many set - down permit applications for mobile homes in substandard condition. b. Upon performing initial inspections, City staff saw a pattern that the mobile homes being brought in by mobile home park owners were consistently over twenty years old and in deplorable condition;
c. Upon multiple inspections, City staff determined that generally, mobile home park owner's practices included bringing in old and delipidated mobile homes and proceeding to "flip" them, making only superficial improvements, such as paint and minor repairs, in an effort to collect more rent and pose the mobile home as "renovated";
d. City staff also found that approximately forty-four set -down permits had been applied in one mobile home park alone. Roughly thirty percent of those permits have expired and never received a final inspection from the City's Building and Safety department, yet nearly thirty percent of these "renovated" mobile homes are tenant -occupied;
e. City staff received numerous complaints from various mobile home park tenants of these "renovated" mobile homes, many commenting that the "renovated" mobile homes in which they occupy have nonfunctioning electrical, plumbing, and heating components, holes in the floor, and leaking roofs.
2. The City Council desires to investigate and study the impacts of this matter further; and
3. Absent the adoption of this Ordinance, the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City may pose a serious threat to public health and safety; and
4. Absent the adoption of this Ordinance, the significant increase in set -down permit applications for these "renovated" substandard mobile homes may increase the burden upon City services; and
5. As a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the installation, modification, or review and approval of mobile home set -down permit applications for mobile homes over twenty years old within all mobile home parks existing in the City, pending completion of the City's study of the potential impacts; and
6. In addition, it is necessary to prohibit, as a public nuisance, the installation, modification, or review and approval of mobile home set -down permit applications for mobile homes over twenty years old within all mobile home parks existing in the City for the duration of this Ordinance, or any extension thereof; and
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WHEREAS, the City Council determines, by at least a four -fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Incorporation.
The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.
Accordingly, this Ordinance shall become effective immediately upon adoption.
Section 2. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.
Section 3. Direction; Definition.
It is necessary to establish a temporary, forty-five (45) day moratorium on the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Yucaipa Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Yucaipa. To that end, the City Manager is directed to analyze the appropriateness of allowing mobile homes twenty years or older within the city limits of the City of Yucaipa, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.
For purposes of this Ordinance, Older Mobile Home shall mean a structure twenty years or older designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, also including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home, as defined in Section 18008 of the Health and Safety Code.
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Older Mobile Home shall not be defined in this Ordinance to include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code.
A Renovated Older Mobile Home shall mean a restored Older Mobile Home in compliance with State and local laws.
This moratorium shall not be interpreted as affecting the use or operation of any:
1. Legally existing Older Mobile Homes; or
2. Renovated Older Mobile Homes, for which a building permit has been issued and in good faith reliance on such issuance, substantial work has been completed and substantial liabilities incurred.
Section 4. Moratorium Established.
In accordance with the authority granted to the City of Yucaipa by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days, no approvals may be made or issued by the City, its officers or employees of any applications for a building permit, or any other applicable entitlement or permit, for the installation or modification of mobile homes twenty years or older within City limits. For the period of this Ordinance, or any extension thereof, installation or modification of older mobile homes shall be considered a prohibited use in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment approving any older mobile home set -down permit.
Section 5. Prohibition.
No person shall commence the installation or modification of an older mobile home as defined in this Ordinance, within the City limits of the City of Yucaipa during the period this Ordinance is in effect. Permits submitted prior to the date of this Ordinance shall not be subject to the prohibition.
Section 6. Violation as a Public Nuisance.
The installation or modification of older mobile homes as defined in this Ordinance, within the city limits of the City of Yucaipa during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare.
A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable general penalties and administrative remedies. 4874-1411-7037.1
Section 7. Severability.
The City Council of the City of Yucaipa hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Section 8. Report.
The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.
Section 9. Effective Date; Four -Fifths Vote Required.
This Ordinance shall become effective immediately upon adoption if adopted by at least a four - fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.
Section 10. Publication.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Yucaipa.
PASSED, APPROVED and ADOPTED this 13th day of May, 2024.
ATTEST:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Pacifico, City Attorney
Director of General Services/City Clerk
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