HomeMy WebLinkAboutNB 1 RENT CONTROL 10-03-88 NEW BUSINESS
'"'~ NO. 1
AnF nA
10-3-b~
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
COIqHUNITY DEVELOPMENT DEPARTHENT
RENT CONTROL FOR HOB ILE HOHE PARKS
RECOHMENDATION'.
Receive and file.
BACKGROUND '.
The City Council at their regular meeting on September 19th requested that staff
review its files to determine if the City transmitted any correspondence to
mobile home park owners several years ago discouraging rent increases in mobile
· home park .s.
Unfortunately, staff was unable to locate any such correspondence that was sent
from the City. However, there were letters sent out by the owner of Tustin
Village Mobile Home Park. All correspondence that the City currently has on
this issue is attached.
~'~_~ ~ .....
~Chrl s'ti ne A. Shln~/eton
Dtrector of Commu~Ftty Development
CAS:ts
Attachments
DATE:
nter C
-- om
September 10, 1984
$ LISJ (CT:
Honorable Mayor &.Members of the City Council
Janet Hester, Administrative Secretary
Tustin Village Mobile Home Park
J
On Thursday, September 6, I spoke with Mr. Les .Frame, partner, Tustin Village
r, lobile Home Park. As a courtesy, he wanted to inform you that because of
extensive renovations to the park, the space rent would be raised. Attached is
a copy of'the letter ~sent to park residents.
If you need further information, I have Mr. Frame's telephone number.
cc: Community Development
City Manager'
les frame ''
Dear Homeowners, $~'/:) ./ ~/~0~- ~
·- ~
' . Cl YoMn.4 .
' On December '31, 1971, we closed _escrow on Tustln Village. ~]AG~m
July 31st. we closed escrow on Del AmO. Mobile Park -'a 138'space :'~
Park in Long Beach.
· In 1974 we started to rebuile ~he Del Arno Park. We put in
new gas lines, water lines, and completely new electrical sys-
tem. Then we topped it all off with new streets.
In 1979-80. we rebuilt Santee Mobile Estates.. In 1981 - 82.
we put 100 Amp. electrical service and new gas lines to 62 spaces
in Carefree Ranch in Escondido. In 1983-84. we completely redid
_._.Valley Parkway- also in Escondido.
. . Now - 1984-85' becomes Tustin,s Year.' Electrical plans are
being, drawn up this month and we will start on the actual work
we hope - during October. -
This will mean a complete new electrical system with at least
100 Amp. service to each space. It includes new 'Plastic gas
lines and a new water line. There will be water hydrants through-
out the Park, .and the streets will be completely redone.
·
All of ~s is.going to coSt money a great deal of money . ,.
~...$600,000. to $800,000.: · ·
When we finish, you will he'-living in a "new Park'" at the best
location in Orange County with new utilities 'and new streets.
Your spaces, and 'the Club House will remain the same size, but the
new conveniences an___d safety factors are critical.
The-Partnership had one of two alternatives..
1. To let your Park ' your home - deteriorate:
2. To borrow money with a variable rate, bite the bullet,
· ~:.' and redo the Park. My Partners are not 100% happy with
.. this major rennovation project, ~nd the terrific ex-
~-' penses incurred, but we will survive.-. '
What does ].this mean to you the residents? You will be incon-
venienced. Your y~ads .will be torn-up, plants moved and some lost.
.. ' ' ets, they will be closed
TO D^ TM, E A resultant traffic prob-
o-F--- ese improvements, and you
ve borrowed to produce
" , O~ to. 14% interest and :¢ill
M Be in rent to help pay
~ ~ver approximately three
i 1986.
·
CALL ~ [--] AGAIN
~C,~,-~ s~¥ou
RM NO. 50.176
les frame
·
. . _~ ~=~ ~= re~u~red detailed pla.nn~ g
It is a gig.antic pro3.e_c_= ~'J.=~,~_tt~- .to=~ercise this patience,
' atlon. We will ali n=¥= . . . . . . - . --
and cons. lder .... ~ .... =~e~ financial plaD_nlng uo
consideration for ot~ers anu ~u.,,= ~ .... lc
see the rennovation f. hrough to a successful conclusion. When we
finish, your Coach will be far more comfortable, far more safe,
and' surely more valuable - - a' worthy goal '.
. I.f 'any of you.~ on a fixed, income, feel that this will be an
difficult financial burden that you cannot carry, you may dis-
cuss this with your Manager - after disclosure of your Income Tax
Statement, your assets, and general financial picture. We will
than work together to achieve a fair solution for all.
.
On to a Greater Tustin Mobile Home Park.'
S incer ely,
Les Frame
TO:
SUZANNE ATKINS, DEPUTY CITY ATTORNEY
FROM: JEFF DAVIS, ASSISTANT PLANNER
SUBJECT: RENT INCREASES FOR TUSTIN VILLAGE MOBILE HOME PARK
~... ..,, '--) ~, '... '...- .....
Attached are copies of correspondence con'cerning a proposed rent increase for
the tenants at the Tustin Village Mobile Home Park. As stated in the letter
from the park owner, the rent increase is to help finance physical improvements
to the project.
The tenants have requested that the City Investigate the manner in which the
rent increase has been proposed and to determine if such an increase is legal.
It is requested that your office review the attachments and forward your opinion
as to the appropriateness of a rent increase imposed to finance improvements to
the park. A response by November 1¢, 1984 is requested so we ca_n advise the
Mayor. Mrs. Kennedy Wishes to respond to the tenants as soon as possible.
JD: do
cc: Don Lamm
'ies .frame
;_~em3;~ 3, 1984
'On December 31, 1971, we closed escrow' on Tustin Village. On
July 31st. we closed escrow on Del Ama Mobi'le Park - a' 138 space
Park in Long Beach.
In 1974' we'star=ed to rebuil~ the Del Ama .mark. We put in
new gas l'ines, water lines, ahd comple=e!y new electrical sys-
tem. Then we topped i= all off with new. streets.
In 1979-80' we rebuilt Santee Mobile Estates. In 1981 - 82'
we put 100 Amp. electrical service and n~ gas lines to 82 spaces
in Carefree Ranch in Escondido. In 1983-84' we completely redid
Valley Parkway- also in Escondido. ·
Now - 1984-85' becomes Tustin' s year: Electrical plans are
being drawn up this month and we wili star~ on the actual work -
we hope - during October.
This will' mean a complete new electrical system with-a= least
100 Amp. service to each space. I't includes new plastic gas
lines and a new water line. There will be water hydrants through-
out the Park, and =he streets will be completely redone.-
All of ~h'{.~ is going to cost money - a great deal of money....
' . ..$600,000. $800,000.;
·
'When'we finish, you will be liv{ng in a "new Park" at the best
'location in Orange County with new utilities and new streets.
Your spaces and the. Club House will remain the same. size, but the
new conveniences and. safety factors are critical.
The Partnership had one of two' alternatives'.
1. To let your Park- your home - deteriorate:
2. To borrow money with a variable rate, bite the bullet,
and redo the Park. My'Partners are not 100% happy with
this major rennovation project, ~nd .~he terrific ex-
penses incurred, but we will survive.
What does ;~his mean to you the residents? You will be incon-
venienced. Your Iands will be-torn-up, plants moved and some lost.
As we bring utility lines across the streets, they will be closed
off and will necessitate hand-digging and resultant ~-a:~lc prob-
lems.
You will benefit immeasurabe!y from these improvements, and you
will have ~o help pay for the money we have borrowed to produce
=hem. We have ~orrowed the money at 13% to 14% interest and ,~i!l
only ~h~ge you 10% interest. The increase in r~nt to help pay
fnr utilities and streets will be spread over approximately three
~t increases - - 1984- 1985' - possibly 1986.
les frame
It is a' gigantic pro je6i-' that has required detailed plaruning
and consideration. We will all have to exercise =his pa=ience,
consideration for oth~-~ and some specific financial planning
see' the rennovation ,_Rrough to a successful conclusion. When
finish, your Coach ~il! b.e far more comfortable, far more safe,
and surely more valuable - - a worthy goa!~
If any of you, on a fixed income, feel that
difficult financial burde= that you cannot carry, you may dis-
cuss this with your Manager - after disclosure of your Income Tax
Statement, your assets,-and general financial picture. We ~ill
than work together to achieve a fair solution for all.
On to a Greater Tustin Mobile Home Park:
Sincerely,
Les Frame
Small Business Accoun*
· . your persona
nt
838-8194
16 October 1984
Dear Homeowners and Friends of Tustin Village,
This newsletter is to update all of you on the progress we have made in our .
negotiations with Mr. Frame and park management. Much has been happening
"behind the scene" and all of us are no doubt interested.
· .
First of ,all, you should be aware that I am violating a request made by Mr.
Frame and park management in sending this newsletter. Mr. Frame believes that
an unnecessary controversy will be stirred up if the Homeowners were aware of
what is happening. This is true, but what is happening will affect us all.
On Sunday, October 7th, Mr. 'Frame was in the park and met with a select group of
people to answer questions regarding r. he proposed improvements. Karen and I
were permitted to attend, but were not permitted to record the proceedings.
Messrs. Frame and .Mason allowed ~he asking of any question, however neither of
the gentlemen were willing to give direct answers to the majority of the
questions.
Ail of us should be aware 'that the proposed rent increase includes not only
- payment of interest at 10%', but also repayment of the principal amount over a
:eh year period.' In addition, the increase must be marked up an additional
to be paid by the park operators to the landowners, as specified in the terms of
their lease.
I am submitting a proposal to the park operators that should make this increase
more fair for all concerned. The basic concept is this:
We Homeowners would agree to pay for
the improvements we feel are needed to
our park, through the use of a special
assessment, and that since this is a
special assessment, the landowners
should not be entitled to a windfall;
We Homeowners should Eave the option to
pay cash as the improvements are
completed, or accept the park operators
offer of financing.at below market
rates, or have the option to seek our
own financing.
This special assessment should.have a
specific ending date, at which time
rents would return to normal; and
13722 Red Hill Ave_ Suite #54, Tustin. CA 92680
.
We Homeowners s. .d retain title 'to these
improvements which we are being required
to purchase and pay for.
This simple approach should reduce the Homeowner's burden by half while
providing an incentive for everyone, to support the renovation project..~
If you agree, Piease let those around you know. The only way to win a fair
solution for' all is by speaking up with a unified voice.
RespectfUlly,
110 Columbo
JRD:JNO:kd '~
Attachment: Unanswered letter to Les Frame
cc: Mr. Les Frame -.
The Registar - wi~h previous correspondence
The Tustin News - with previous correspondence
Mobile Home News - with previous correspondence
.Business Accountant
your persons- .~ountant
(714) 838-8194
,.
October 8, 198~
i Les Fraae
IL1 E1 Camino Drive
Suite #204
Beverly Hills, CA 90212
Re: October 7th meeting at Tustin V'illage
Les:
.o
Thank-you for meeting with us on Sunday past. I found it to be an
interesting experience..
There are a few items i am somewhat confused about that I wish to
clarify. - ....
..
·
First of 'all, the homeowner's are not paying just the interest on the
money borrowed, but also the repayment of the principal? Is this
correct? '
Second, of the $40 per month increase, $19.82 is going towards the
interest and retirement of the $300,000 and $8.00 is going to the land
owners. Where is the remaining $12.18 going?
..
' rd', the $4'01,000. that' is going to be u-sed next year wiI1 result in a
mvathly payment of $33.12 per homeowner. Is this what the expected
increase for' next year will be?
Third, when these two loans are paid off (the first in 1995, the second
in 1996), will our rent be decreased by these amounts?
Fourth, the issue of other improvements were left to "die". Does this
mean that nothing is going to be done about other improvements in the
next two years?
Fifth, why was the decision to borrow the money for only 10 years rather
than 20 or 30 years made? It seems as long as you have another 30 years
to go on the lease, you would want to spread the payments out as long as
posible, thus costing the homeowner s less.
I would appreciate a response as soon as posible. I can be reached at
the above number most evenings except Wednesday. Also, I will %e- out of
town this weekend, so please contact me before then.
Sincerly,
o_..,es R. Dahlberg
110 Colombo
~e~~is' present at eegin o tober 7, 1984
CC: Participatin~3 AVe. SUite #54, '~llUStlrl,. (~A ~J]2~O
Sm dl'Business Account
your personal ~ ~untant
(714) 838-8194
M Le's Frame
~ .in Village. Mob£1e .Home Park
15352 Williams
Tustin, CA 92680
Re: Rent increase effective Dec'ember 1, 1984
Mr. Frame:
I was shocked by the amount of the rent increase you are imposing upon
the homeowners of Tusttn Village Mobile Home Park. I feel that you
are using the sttutation to your unfair advantage.
The rental increase your are imposing is equivalent to 18.69~. You
have also stated that this will not be the only increase we can
expect. I, for one, do not see how all these improvements that are
made possible by the rent increase will benefit existin8 tenants much.
Is it $oin$ to increase our property value such that we could, upon
sale, recoup the additional expenses incurred by the rental increase?
I don't think so.
If you and your partners have waited until interest rates and thirteen
y rs' cost Qf living increases' have pushed the costs for this
i .ovement project to a level where it has become excessively
expensive, then that is your.problem.
I would, appreciate it if you could respond, in writing', to the
following:
1) How are these improvements going to allow me to live more
comfortably in my home (other than allow me to have central air
conditionin~, assumin~ I can afford it after the proposed increase in
rent)?
2) Who is going to pay to replace the "torn-up yards" that
many of the residents have gone to much effort and expense to
construct (after the proposed increase ih rent, any additional
investment on my part may not be prudent)?
3) Why were our improvements stalled so lon~? From you
letter, I infer that.you purchased this park first; yet it appears as
though we are the last to benefit from your gracious offer to allow us
to pay for the cost of the money you have to borrow.
4) I'm sure you are anticipatin~ many tax advantages from
doing these improvements. How are these tax savings going to be
p~sed alon~ to the homeowners?
5) Are these improvements to include new drivewa/s in each
space?
13722 Red Hill Ave., Suite #54, Tustir~ CA 92680
les frame
September 13, 1984
Tustin Mobile Home Park
Address: . ~ .! _ _
This letter informs you that there will be an adjustment
in the present rent schedule.
This letter is a sixty (60) day notice of an increase in
rent from ~ ~k/l~,d70 to ~ ~'A~,~d7 per month. The new rent
schedule will be effective from December 1, 1984.
Les Frame
ProDer~y Manager
If anyone feels that they are not financially able to manage
this rent increase please let Joe Mason know. Then I will per-
sonally sit down with you and will want to see your 1983 Income
Tax, your net worth, and evidence of the help you are receiving
from the Federal, State, or Local Government.
CALIFORNk '
CIVIL CODE F' OVISIONS
bIOBILEHOME RESIDENCY LAW
(Effective January 1, 1983)
NOTE: Bold Wpe denotes new ~ections
Article I. General
79(4. Citatzon and Application pt Chapter 798.4
798.1 AOplicauon of Definmons 7c)8. b
798.2 Ma~ment 798. ~
798.3 .Mobflehome 798. q
~dcle 2. Rental Agreement
798.15 Re~uired Comems: Wntmg 798.18
798. [b [nci~on of Other P~vimons
.
'~cle 3. Rulo and Regulations
798 25 Am~dmen~: Nouficanon m Hom~nets 798 27
79S.26 Right of En~ by Han~emem
A~cte 4. ~ees and Gharges
798.30 Nooce of Rem ln~e~ 798.~
798.31 Au~hon~ Fe~ 798.34
798.32 Ch~ for Uni~ S~: ~e 798.35
~cie 5. Homeo~er ~eefings
.798.50 U~ of Community or R~auon Halb 798.51
~cle 6. Te~inadon of Tenancy
79855 P~ecfion f~m Ac~l or Cons~cHve 798.57
E~on: Te~ina~n or Re~ to Ren~: 798.58
Re~: ND,ce: Time
79856 Aulho~ Re--ns for Te~ina~
A~cle 7. T~nsfer of Hobilehome
798. 70 A~n~ 798.74
798. 71 ~ung or Sh~ng Mobile~ ~ Pa~
~ or Ma~ge~ Wnffen Au~o~n 798.75
798.72 Tmmter or Seaing Fee: R~uest for S~e
798.73 Rem~a U~n ~le to ~itd Pa~ Con~s 79876
..
Mobilehome Park 798 [O
Park 7914. [ I
Rental Agreement 7c)H [ 2
Homeowner
Penod of Written Agreement: Comoarabie 798 19
Monthly Charges for One Year as for
Month-to-Month Tenancy. 798 Z2
Zoning or Use Permits: Leases: Notification
to Homeowners
798 2~
Peu 798.36
Guests 708.37
Immediate Family 798.38
Management: Meetin,~s w~th Homeowners
Statemem ot Reasons in Notice
Termination to Make $l~:e for Buyer ot
Mobilehome h'om Park Owner Prohibited
Change of Use
Reszdent
Tenancy
Wawer oi Rights: Public Poiicy
Discrimination
Recreanonal Vehicles; Designated Areas
Name pi Mobqehome Park Owner. Disclosure
Rule Eniorcement ·
Entry. Installation or Hookup Fees:
Landscavmg and Maintenance Charges
Utility Meter Set-ce: Billing: Rate Schedule
79859 No0ce by Homeowner. Time
798 bO Aooticanon pt Other Laws
P~or Aol~ro~ai of Purcha.~r: Grounds for 7q~ 77
Withhoidin~ Intoning Home~n~ 7q~ 7~
S~e or Transfer of M~dehome to Remain in
Park: R~ul~ ~umen~ 7t)~ 79
P~h~ Gomoaance w,h Adui~ Only
R~uon
Article 8. Actions, Proceedings and Penalties ·
~ ~$ Anomey's Fees and Cos~ 798.86 Willful Violation by Park Owner. Additional 79~.~7
Pena,v
/-, .la 9. S~bdlvtsions, Cooperatives, and Condominiums
799 Oefinition~ 799.3 Sale to Third Par~v: Prohibition Against 7c~ .5
799. l Advertising R~luif~l Removal
799.2 Listing or Showing Mobilehome by 799.4 pnor Al:)l:m~ai of Purchaser: Grounds for 79~) b
Ownershil~ or Management: Withholding
Wvitien Authorization
Article 1. General
Wmver pt Rights. Pubtic Policy
Rights Reslx)ns~bili~ies pt Heir or Joint Tenam
of Owner
Re~os~ssion of Mobilehome: ~ale to
~ird Party
Public Nuisance
Purchaser. Coml~liance with Adults Only
RegulaOon
Waiver ot Rights; Public Policy
798. This chapter shall be known and may be cited as the "Mobilehome Residency Law." It shall apply only to a rnobilehome that requires a permit to
be moved on a street or highway.
798.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
798.2. "Management" means the owner of a rnobiiehome park or an agent or representative authonzed to act oh his behalf in connection with matters
relating to a tenancy in the park.
798.3. "Mobilehome" is a structure designed for human habitatiorvand for being moved on a street or highway under permit pursuant to Section 35790 of
the Vehicle Code. Mobilehome does not inciude a recreational vehicle, as defined in Section 799.2¢ of thio code and Section 18010 of the Health and
Safety Code or a commercial coach as defined in Section 18218 of the Health and Safety Code.
798.4. "Mobilehome park" is an area of land where two or more mobiiehome sites are rented, or held out for rent. to accommodate rnobiiehomes used for
human habitation.
·
798.6. "Park" is a m obiiehome park.
798.8. "Rental agreement" is an agreement between the management and the homeowner establishing the terms and conciittons of a park tenancy:
A lease is a rentat agreement.
798.9. "Homeowner" is a person who has a tenancy in a mobilehome park under a rental agreement.
798.10. "Change of use" rneans a use of the park for a pumose other than the rental, or the holding out for rent. of two or more rnobqehome sites to
accornmodate mobiiehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a Dark rute or regulation. A change of use
may'affect an entire park or any portion thereof. "Change of use" includes, but is not limited to. a change of the park or any portion thereof to a condominium,
stock cooperat~'ve, planned unit development, or any form of ownership wherein spaces within the park are to be sotd.
798.'1 l. "Resident" is a ho,,,eo~raer or other person who lawfully occupms a rnobilehome.
798.12. "Tenancy" is the nght of a ho-",eowner to the use of a site w~thin a mobflehome park on which to locate, maintain, and occupy a rnobiieflome, site
imt~ovements, and accessory structures for human habitation, including the use of the services and facilities of the park.
Article 2. Rental Agreement
798.15. The rental agreement shall be in wnting and shall contain, in addition to the provisions otherwise required by law to be ~nciuded, ail of the foilou~ng:
(a) The term of the tenancy and the rent therefor.
lb) The rules and regulations of the park.
lc) The language of the.provisions of this chapter. A copy of the text pi this chapter attached as an exhibit shail be deemed to satisfy the requirements of :his
s~ction.
(d) A provision specifying the= it is the resin.- '"~' of the managemem to pro,de and maintain ph~. ~provemen= in the common facilities in good
~ing orde~ and con~o~.
(e) A d~pMon o~ the ph~ici~ improvements ~ pro~ded the homeowue~ dunng his or.her
(f) A p~sion lb~ng ~ose sauces which ~il be pro~ded at the time ~he rentai agreemen~ ts executed and ~il con{Chun to be offered for ~he ~e~ of
~an~ an~ ~e fe~. [f any. to be cha~ed for tho~ sauces.
(~ ~1 pther p~ions governing the tenant.
.
6. ~e ren~ a~eement may include such other pro~sions peri,ed by taw. but need not tnciude specific language contained tn s~ace or inca[ [aws. noc-
~ ~f this chaDter.
798.18. (ai'A homeo~n~ shall be offered a rental a~eem~nt for ([) a ce~ of ~2 months, or (2} a lesser period ~ ~he homeowne~ may request, or
(3) a longer pe~ ~ mutually .a~eed u~on by both the homeo~e~ and managemenL
(b) No such a~eement sh~[ contain any ~e~s or conditions ~[h respect to charges for rent. u~[iities, or inclden~ai reasonable se~ce charges ~ha[ would be
~eren~ dunng ~he fi~ [2 months o~ the agreement ~om the corresponding terms or conditions ~hac would be offered :o ~he ~omeowne~
~nth-to-momh
798. [9. No renmi agr~mem ~or a mobilehome shatl con, in a provision ~ which ~he hom~wne~ wa~ves his or he~ rights ~nder ~he provisions
~cies [ to 8. incisive, o~ ~his chapter. Any such waiver shall be deemed con~a~ co public poiicv and void.
~8. 20. ~embemhip in any private ciub.or organ~a~on which is a condition ~or mnancy in a park shaft no[ be denied on ~he basis of race. color, reii~on. 's~x.
798.22. (a) la any nfl mobOeho~e park that is developed a~er 3anea~ I. 1982, mobilthome spaces shaft not be rented
b the accomm~atiou of re~eation~ vehicles ~ defined by S4ction 799.24 unless the mobilehome park has a specificafl9
biguaf~ area ~thin the park for re, national vehicles, which is separate and apafl kom the area designated for mobilehomes.
~eatioa~ vehiclds may be I~ated onlq in the sp~iflcailq d~igna~ed area.
(b) ~V new mobilehome park that is deveiop4d a~er Janua~ 1, 1982. is no~ subject to the provisions of this section until 75
~ent of the spec~ have ~eu ren~ed for the nut tim&
~Fticle 3~ Rules and Regulations
798.~. A mia or r~ciofl o~ ~he ~rk may be ame,ded at any time wi~h the consent of a homeowuer, or without h~s or her consem u~n w, tten
~ him or b~ o~ not le~ ~hafl six momhs, exce~ for reguia~io~ eppi~able m recreational facilities which may be amc,dad w~hou~ his consem ~pon
~e to him or b~ of no~ le~ than 60 ~ys. ~fiKefl no,ice to a n~ hom~~ who~ ~e~afl~ comme~ces within ~he required pe,od oi ~o~ice.
a p~d amendmem sh~l cofls~e compliance with chis ~caofl where ~he wn,en no,ice is ~ve, to him or her before ~he mce~[ion ~ his
798.26. (a) Excep~, p~ded iff subdi~stofl (bi. and no~hs~afld~flg any och~ pro,sion o~ law to che con,a~. ~he ownershi~ or managemem of a park.
~i~iofl. c~ve. or condominium ~or mobflehomes shall have fin figh~ of en~ ~o a mobiiehome wimouc the prior wn,en consem of the ~cupam.
~n~nt may be ~oked tn wnh~g by the ~cu~nt at any time. ~e ownemhip or ~nagement shaft have a nght o~ em~ u~n the tend u~n which [~.
mobilehome is si~at~ for maimenance ot UtJlJtJ~, for maintenance of the premiss in accordance with the rules and regulations of ~he park when
~mem~ of r~id~e faib ~o ~ main~in the premiss, and pmeection of the mobiiehome park. subdivision, c~ractve, or condominium at
m~nable ~me. buc not in a mann~ or a~ a hme ~hich would inlerfere ~ith the ~pam's qumt enlovmenL
~e o~hip or m~na~mem ot ~ par~ subdiv~ion, c~ra~ive or condominium for mobilehomes may enter a mobitehome without the prior
u .~t of the'~cupant in c~ o~ an eme~en~ or when the ~cu~m has abandoned the mobitehome.
798.27. (al ~e ma~gement shall ~v~ wn~en no~tce to ail kemeo~s and pros~c~ve komeo~ne~s concerning ~he following macte~: ti) the
nature of the zoning or use pv~it under ~hich ~he mobdeh°me pa~ o~rales. [f the mobdehome park is operaeing pu~uant [oa pe~it sublect ~o a renewal
~ expiation dace. the r~i~ant intonation and dates shaft be included in the notice. (21 The duration of any lease of the mobdehome park. or an~ portion
~hereof. tn which ~he managemen~ is a
(b) U a~hange ~cum concerning ~he zomng or use ~rmi~ under which the park operates or a ieee in whic~ ~he managemen~ ts a [essee. ail
~hail be given w~en non,ce w~hin 3() da~ of such change. ~o~dica~ion regarding the change o~ use of :he park. or any portion ~hereof. shall be governed
by subdJ~sion (f) of Section 798.5b. A p~ospec~ive homeo~ne~ shai& be no~fied pnor ~o ~he ~ncep~ion of the tenancy.
798.28. ~e management o~ a mobUehome park shail disclose, in writing, the name of the mobilehome park owner u~n-~he request o~ a
Article 4. Fees and Charges
798.30. ~e managemem shall ~ve a homeo~n~ written noUce o~ any increa~ tn his ee be~ rent ac least 60 days before the date o~ ~he mcre~e.
798.3t. A homeo~n~ shaft not be cha~ed a ~ee for o~her ~han rem. utilizes, and mc~den~i reasonable charg~ for serwces actually rendered.
798.32. A homeo~shail not b~ charged a ~ee for se~ices actuali~ rendered which are not [ismd tn ~he rental a~reement unless he o~ ~he has been
~ven wn~en no,ice ~hereof by ~he managemem, a~ teas~ ~0 days before ~mpos~tion of ~he charge.
798.33. A homeo~ne~ shaft no~ be cha~ed a fee for kee~mg a pet in ~he park unless ~he management actuailV provides sDeciai facilities or se~ces ~cr
pe~. [f s~c[ai pet facilities are ~atn~ain~d by ~he mana~emem. ~he fee charged sha&l reasonably retake ~o ~he cos~ of mammnance of ~he ~ac[[ities or services
,
the number o~ pe~s ke~( ~n [he park.
798.34. A homeo~ne~ shat[ not be charged a fee for a gues~ who d~s no~ sta~ w~th h~m o~ he~ for more than a total of ~0 consecutive days or ~ tokai
days ~n a calendar year. Such a guest w~ii not be required to register w~ch ~he
798.35. A homeo~ne~ shall not be charged a fee based on the number o~ ~em~ers ~n his or he~ ~mmediem fam~tv..~s use~ ~n chis sec:ton.
"immediam famd~" inciudes [he homeowner, his or her spouse, their parents, and :he~r chddren.
/' 798.36. A homeo~e~ shati hoc be charged a ~ee for ~he enforcemen~ of any o~ the rules and regulations o~ ~he per~.
/ 798.37. A homeowner shopko, be charged a (ee for the entry. ,ns,allot,on. hookup, or ,andscap,ng as a condmon of tenancy, but reasonable ,andsca~,n~
and mammnance requirements y be ~nctuded in the park rules and reguia(ions. The management snail not require a homeowner or prospective
homeowner to purchase, rent. or lease goods or services for [andscapmg from any person, company, or
.798.38. Whe/e ~he managemem provides bo~h master meter and submeter se~ce of u~iit~es to a homeowner, for each b~iiing perjo~ ~he cost of the
· es for the period shall be separately stared along w~th the opemng and ciosmng readings for n~s meter The management shad post m a consp~uous place.
evaUing residential u~lities rate schedule as published by the servmg
Article 5. Homeowner ~eetings
798.50. The managemen~ shall permit meetings bv homeowners or occupants of a mobdehome ~n ~he ~ar~. or any or ail or them. reia~mg to mobitehome
li~ng and affairs ~o be heid tn any oi ~he par~ communi~y or recreation halls ~f the meetmg ~s held a[ ~ reasonaoie hour and ~nen me (ac~[itV ~s no~ otherwise
t~
'79851. T~e management ~ha~l meet and cot~- '~th the homeo~msrs, upon written request either ir,. ,du-,ll% collectively, or with representatives o{ a
· ,aup. oi' I~m,eo,ames'~ who have signed a requc ~ so represented on the following matters:
(a') Amendments to park rules and regulations.
lb) 5-~ndnr~ for maintenance of physical improve .... uts in 'the park.
(c) Addition. alteration, or deietion of service, equipment or physic, a/improvements.
Any collective meeting sh'atl be conducted only al'tar notice thereof has been given to ail the requesting homeowners ].0 days or more before the meeting.
--
· Article 6. Termination of Tenancy
'798,55~ (a) The L. egislamre finds and declares that. because of the high cost at moving mobilehomes, the potential for damage resulting therefrom, the'
:quiremertts relating to the installation of mobilehomes, and the cost at landscaping or [at preparation, it is necessary that the owners of mobilehome~ occupied
.ithin. mc~iiehome parks be provided with the unique protection from actual or constructive eviction a/forded by the provisions of this chapter.
(bi The management shall not terminate or refuse to renew a tenancy, except for a reason s~ecified in this articie and upon the giving of written notice to the
:o~Bs~mmer in the manner prescribed by Section 1162 of the Code of Civil Procedure. to remove the mobilehome If'om the park within a period of not less
· ~an (:~.da~s. which period shall be specified in the notice. Acopy of tfiis notice shall be sent to the legal owner and registered owner of the mobiiehome, if othe:
~an tl'~ bmmeo~er, by United States mail on the same day as notice is given to the homeowner, addressed to the legal and registered owners at their
ddressi~ as set forth in the registration card specified in Sec:ion 18075.28 of the Health and Safety Code.
798':,.5~ A tenancy shall be terminated by the management only for one or more of the following reasons:
(~, Failure of the homoowa~' to comply with a local ordinance or state law or regulat~n relating to mobilehomes within a reasonable time after the
~o~e~wmer receives a notice of noncompliance From the appropnate governmental agency.
{b) Conduct by the homeo~am', upon the park premises, which constitutes a substantial annoyance to other homeowners.
(c} Failure of the-homeow~ser to comply with a reasonable rule or regulation of the park as set forth in the rental agreement or any amendment thereto.
No,a~:t ar omission of the hom~tmel' shall constitute such a failure to comply unless and until the managemu,t has given the homeowner written notice
~f the~atlecjed rule or regulation violation and the homeoguer has failed to adhere to the rule or regulation withm seven days. ltowe~er, il a homeo,urner
la~bmeem~iveu a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12.month
)e~amliadeer the homeowner has violated thet ruin or regulation, no written notice shail be required for a subsequent violation of the
~ame nmb or regulation.
~eMdl~ug in this subdivision shell reiieq;e the meuegemeut from its obligation to demonstrate that · rule or regulation has in fact
)eeo
(d:); ['~flpayment of rent. utility charges, or reasonable incidental service charges: provided, that the homeowner shall be given a three-day written notice
o pay;theamount due or to vacate the tenancy. The three-day written notice shall be g~ven to the homeowner in the manner prescribed by Section 1162 of the
.~ode: at Civil Procedure. Such notice may be given at the same time as the 60 days' not,ce required tar terminauon of the tenancy. Payment by th-~
~~ prior to the expiration of the three-day notice period, or payment by the legal owner, as defined in Section 18iX)7 of the Health and Safety Cod;:,
~r regismr, ed owner, as defined in Section 18010.2 of the Health and Safety Code. if other than the homeowner, on behalf of the homeowner prior to the
;xpiratio~of 30 calendar days follouang the mailing of the notice to the. legal owner or registered owner provided in ~ubdivision (b) at Section 79~. 55. shall cure
t d~fe' ' 'der this subdivision with respect to such payment. The homeowner shall remain liable for ail payments due up until the time the tenancy is vacated.
:urn .,fault of'rent, utiiit~ charges, or reasonable incidental service charges by the legal owner or rc-,.jistered owner, if other than the homeowner, as
~mvia,._ .,,9 this subdivision, may not be exercised, more than twice dunng the term of the tenancy. (e'); C..cmdemnation of the park.
(f)': Change of use at the park or any portion thereof, provided:
(1) TEe management gives the 'homeownors at least 15 days written notice that the managemeI, will he appeari'ng before a local governmental board.
:ormmssi~n. or body to request permits for a change of use of the mobilehome park.
(2)~ Aher ail required permits requesting a change of use have been approved by the local governmental hoard, commission, or body. the management shall
live the be~eowners six months' or more written notice of termination at tenancy.
[f the~change of use requires no local governmental permits, then notice shall be gwen 121 months or more pnor to the management's determination that a
:hangeot use will occur. The management in the notice shall disclose and describe ~n detail the nature of the change of use.
(3~} The management gives each proposed homeowner written notice tt~eruof prior to the inception of his tenancy that the management is requesting .a
:hat, ge, of use before local governmental bodies or that a change of use request has been granted.
(4~)'~ The notice requirements for termination of tenancy set forth in Sections 79M 5b and 798.57 shall he followed if the proposed change actually acc'ars.
(5...);. A notice of a proposed change of use given prior to January 1. 1914(I. which conforms to the requirements in effect at that time shall be valid. 'l'he
requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was Given.
7c~:~7'. The management shall set forth in a notice of termination, the reason retied upon tar the terra,novon w~th specific facts to permit determination of
.'.he dale: place, witnesses, and circumstances concerning that reason. Neither reference to the section number at a subdivision thereof, nor a recital at the
ian~ of this article will constitute compliance with this section.
79815~. No tenancy shaft be terminated for the purpose of making a homeowner's site ava,labia for a person who purchased a mobflehome from
owne,~ oi' the park or his agent.
798~.59. A homeowner shatl give warren notice to the management oJ not less than 60 days before vacating h~s or her tenancy.
798.60. The provisions of this oracle shall not affect any nghts or proceedings set forth tn Chapter 4 (commencing with Section 11591 of Title 3 of Part 3
Iht Code of Ciwi Procedure except as otherwise provided herein.
Article 7. Transfer of Mobilehome
/'798~.70. A homeowner may advertise the sale or exchange of his or her mobilehome or. ~f not prohibmted by the-terms of an agreement with :he
menao,~,=ent, may advertise the rental of his or her mobflehome by displaying a sign in the w~ndow of the mobdehome stating that the mobHenome ts for sale or
exch r. tf not prohibited, for rent by the owner oi the mobiiehomc or h~s or her agent. The s~gn shall siam the name. address. ~nd telephone number of the
own~ ~e mobflehome ~r his or her agent and may be at least [2 inches in w~dth and 12 roches ~n length.
798.71. The management shall no~ show or list for sate a mobflehome w~thout first obta~mng the owner's wn~en authonzanon. The authonzation shai[
speo~ the mrms and conditions regardin~ the showmg or listmG.
No.lng m th~s section shall be construed as a{fectmg the prowsions of the ~ealth and Safety Code governmg the licensing of mo0Hehome salesmen.
798.72. The management shall not charge a homeowner or h~s or her agent a transfer or selling fee as a condition o~ a saie o~ his mobfiehome w~thin a
park unless the management performs aserwce in the sate. The managemen[ snail no~ perfo~ any such se~ce ~n connection w~th the sale unless so requested.
wn~mg, bv ~he ho~eo~ne~ or his or he~ agenL
.. 798.73. The management shall not require. ~oval of a mobiiehome from the park in the eve, its saie to a third part~ dunng the term of
homeemme~r's rentaI ageemen{. However. in th, o( a ~Ie to a third pa~. m order to u~ade the ~ of the park. ~he management ~a~ requt~e
a mobilehome be removed ~m the park where:
(al It is ~ than 10.feet wide.
(b) It i~ more than 20 yea~ aid. or more than 2~ yeaff aid ff manu~a~ured aher Seote~b~r 15.19~1. and ~s 20 (eel ~de or ~ore m~ th~
d~ not comply ~th th~ ~mlth and safet~ stmndar~ pro~ded in S~ctiofls 18550.18552. and 18605 of the Health and Safety Code.
~ r~lafions ~tmbtished th~und~.
~e mobilehome ~ more than 17 years old. or more than 25 yea~ aid if manufactured after September 15. 197I. and ~s [ess than 20 feet ,~'~de and the
mooii~hom~ do,s not comply with the cous~uction and safe~ standards und,r S~ctions 185~0. 185~2. and 18605 of the
and Safety Cod.. and tb~ formations ~stabiish*d
(d) It is iff a significantly rundown condition or in disrepair, as al,retained by the f~n~ral condition of th~ mobil.home and its
acceo~abflitv to ~ health and safe~ of the ~cu~anfs and to the public, exclusive of i~ age. The managemen~ sha~l use reasona0ie
d~refion in dete~ining the general condition of the mobiiehom~ and i~s accesso~ structures. ~ management shaft bear the burden of
d~mou~ating that the mobilehome is in a significantly rundowu condition or in disrepair.
798.74. ~e managemem may require the ~ht o( prior appro~at of a purche~r of a mobilehome tha~ ~iii remam kfl ~he park and :~( :he
homeogu~ or his o~ h~r agent We nonce o( the ~le to the management before the ciasa al sate. Ap~rovai cannot be w~thheid if the purchaser nas
flannel ability to pay the mm and cha~es of the ~ark uni~ the menagemem re~onablv de~e~in~s tha(. ba~d on the purcha~r's pnor ~enenc:es. ~e or she
~fl not compty wi~ the ml~ and ~Uons of the ~rk. If the ownemhiO or management reecm a purchaser as a prospective homeowner. :he o~nersnip or
mana~m~nt sh~l infom the s~iling bomeo~r in ~ing of im rea~ns ~or such re)action.
7~8.7~. ~n ~w. ~e. or ~ansf~ a~e~m~nt invot~n~ a mobiiehome I~aced in a park ac the time of the sale. where the mobiiehome ~s :o remam m me
~rk. shaft con,in a pro,ion signed by the pu~ha~r stating chat he h~ agreed to ~he te~s of a rentat a~eemem. A cow of a futlw executed ren~at agreement
st~ed by ~e pusher ~11 ~ the r~uimmenu of this Mction. In the event the purch~eT fans m execute the rentat agreemem, the purchasar ~nail hoc nave
any dgh~ o( tenant.
798. 76. ~e mann,meat may require that a pusher of a mobdehome which will remain in the park. comp(y with any ~[e or regulation [[mmng residence
tO ad~ only.
798.~. No ren~ or ~e a~eement shall conmin a provision by which the pu~h~ or he~e~aer waives his ngh(s under this a~ic[e. Any s~ch waive:
sh~i ~ deemed con~ to public ~(i~ and ~a[l ~ void and unen~omeabie.
798. 7~ ~ h~ir or joint tenant who gains ~e~hip of a mobilehome in the mobdehome park through the death o( the owner of the mobdenome who ~s a
ke~~ sh~ have the dght to ~li the mob(iehome to a third pa~ in accordance ~th ~he pro~sions o~ this a~ic[e, b~t oaly i~ ail the
~~bfltfl~ mad IWbi~ti~ to the mmnlltmest regarding rent. utillfl~, and reasonable maintenance of the mobilehome and its
' ~.~. ~ I~at ~er who h~ ~~ a mobdehom~ l~ted in a mobfl~home ~FW shall have the ~ghc m seal the ~obil~ho~ ~ithifl th~ ~a~ ~
~ir~ ~ in accor~flce ~ the pm~ons o( this a~cle, bu~ only if all the ~m~~'s res~n~ibiii~s and ~iabiiiti~ to the management regarding rent.
ufli~, m~d ~mbl~ mmt~t~mamcm ~i m mobile~om~ ~ il~ ~mm~ are ~Usfied by the legat owner :alii tb~ dmtm tb~ mobilehom~
~cle 8. A~ons, Proceedings, and Penalties ·
798.~. In any a~on a~ng out of the passions of this chapter the p~ading pa~ shall be entitled to reasonable a~omey's fees and casa. A par~ shail be
deem~ a p~ling ~ for the ~~ of th~ ~on if ~e )ud~ent ~ render~ in his favor or where the litigation is dismi~ed in his favor prior to or dunn~
the ~1. u~ the ~i~ oth~ agree in the ~ement or compmm~. .
798.~. In the ~eflt a hem~~ oF fo~er hemeOguer of a ~rk is the pr~ailing ~y in a civil action a~alns~ the owner to enforce his ~ghcs under '
t~e p~o~ of th~ chapter, the homeowu~, in addition to ~mages afforded by law. may. in the discreUon of ~he cou~. be awarded an amount not
exce~ fi~ hundred dollam ($~) for e~h ~llful ~o~tion of tho~ provisions by the owner.
~.~. (~) ~e failure of the management to provide and mlinlain ph~sicll improvements in the common f~cili*ies in good
woful ord~ and condition shall be deemd a public nuisance. Homithstaflding the provisions of 5ecsJoa 3491. such a nuisance
o~19 may be remedied by a ci~l action or abeteueul.
(b) ~e ~olltJo. of a mebilebome park rule shall be deemed a public nuisance. Nol~thstandlng the provisions of Section
such a nut.nee only ma9 h remedied b~ a civil action or abatement.
Article 9. ~ubdivisions, Cooperatives, and Condominiums
799. As used in this article:
(al "Ownership 6r management" means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes.
(b) "Resident" means a person who maintains a residence in a subdivision, cooperative, or condominium for mobllehomes.
799.1. A resident may advertise tl~e sale or exchange of his mobilehome or. if not prohibited by the terms of an agreement with the management c ·
ownership, may advertise the rental of his mobilehome by displaying a sign in the window of his mobdehome statmg that the mobdehome is for sake or excnan~
or. if not prohibited, for rent by the owner of the rnobitehome or his agent. The sign shall state the name. address, and tele,ohone number of the owner ,~i The
r:nobilehome or his agent, and may be at leas~ 1.2 inches in width and 1.2 inches in tength.
799.2. The ownership or management shall not show or list for sale a mobilehome owned by a resident w~thout first obtammg the owner's writ:eh
authorization. This authorization shall specify the terms and conditions regarding the showing or listing.
[Nothing contained in this section shall be c.o, nsrrued to affect the provisions of the Vehicle Code govemsng the ticensmg of rnobdehome salesmen.
799.3. The ownership or management shaii not require the removal of a mobUehome from a subdiwslon, cooperative, or condormmum '.n the event
its sale to a third party.
799.4. l'he ownership or management may require the nght to prior approval of the purchaser of a rnobdehome that wdl remain ~n the subdiws~on.
cooperative, or condominium for mobilehomes and that the selling resident or his agent give notice oJ the sale ~o t~e ownership or management before the close
-~ ~. sale. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and<barges of :he subdiwslon, cooperanve, or condomm~um
; the o~nership or management reasonably determines that. based on the purchaser's prior residences, he ,,~dl not compity w~th the rutes and reguiauons c:
.ubdivision, cooperative, or condominium.
799.5. 'l'he ownership or management may require that a purchaser of a rnobflehome which will remasn ~n tine subdivision, cooperative, or condommtum
for mobilehomes, comply with any rule or regulation limiting residence there~n to adults only.
799.6. No acj~reement shall contain any provision by which the purchaser waives his ngh~s under ~he prowslons of th~s article, Amy such waiver snail be
deemed contra~ to public policy and void and unenforceable.
/
TO:
HONORABLE URSULA t:-. K£NNE:DY, HAYOR
FROM:
HARY"ANN CHAIqBERLA:ZN, ASSOCIATE PLANNER
SUBJECT: TU.S'T]:II Y]:LLAGE I, dlOB:ZLE HOPE PARK HEET]:NG
%,,, DEClGqBER ].8, 2984 (2nd ~etlng)
On December 18, 1984, Hr. Don Lanm, Dtrector of Community Development was
instructed to compile the following information fo~ the Tustin ¥~]lage
I~obtle Home Park located at 15352 Ntlltam Street, Tust~n.
1. The number of signatures required for an tnttlattve to be set for the
next regular election (4-6-86): ].0~; of the ~eglstered voters (1,9:36)
would have to be collected to-place an Initiative on the next ballot.
:If the initiative were to be placed on a "special election", then ].5~,
of the registered voters would be required (2,904) to have this item
placed, on the ballot. ]:n any case, contact should be made with the
'City Clerk to obtain necessar7 dates and procedures for filing an
Initiative.
2. On August 4, ].].980, Vartance 80-].3 was heard as a public hearing and
approved by the Planntng Agenc7 whtch authorized the use of an open
space par'ce1 to be used as a mobtle home space. Please see enclosed
staff report, minutes and resolution.
you have any questions, please do not hesitate to contact us.
·
Associate Planner
~IAC: do
enc' Report, Resolution, Mtnutes
TO: Honorable Chairman and Planning Agency f~embers
FRO#: Community Development Department
SUBJECT: Variance 80-[3
Appl icant.' Joseph ~son for 3;ustin Vi I Iago Moblle H~nes
Locati,on'. 15352 Wl I I i ams Street
~A(;:K(~ROUND AND O I SCUSS I ON
An application filed by Joseph Mason on behalf of Tustin Village Mobile Home to
~ary with the Zoning Ordinance (No. 3.57! to allow for a greater density than
permissible under the zoning district.
·
Tustln Vl llage has currently 3.99 spaces and is approximately six (6) percent
over the allowable density per-the development standards of the Mobile Home
Park Dlstr~ct. The project wes' originally developed'under the jurisdiction of
the. County'of Orange and reflects the County's standards. .
The request is to add one addi.tlo~al space on the corner of East Balboa Lane
and South Portola Lane. At this timer the lot serves no specific purpose~ and
in the past appears to be the location where residents hung their clothes to
dry.
There appears to be no'objective grounds to justify a hardship to permit the
lot, although considering the scope of the request~ staff has no major concerns
in al lowing the additional, lot. One possible hardship is that this configuation
and location of the lot does-not lend itself to any conceivable use except an
additional space for a mobile home.
If the Agency chooses ,to approve the request~staff recommends that a condition
be attached that the improvement of the lot does not remove any existing guest
or resident parking spaces.
RECO~NDATI ON
Pleasure of the Agency.
rrm
There being no one
closed and asked if
~peak Chairman Sal tarel I i d~
Agency had any questions.
'ed the public hearing
MOTION by Saltarelli, SECONDED by Edgar, to approve Use Permit 80-17 in
accordance wi th stat f recon~endations and Resol ution No. 3.9C8.
AYES,*
·
NOES:
Hoesterey, Edgar, Sharp, Kennedy, and Saltarelli
None
Applicant:
Location:
Hequest:
To add an additional mobile h~ne space in an existing mobile
home park.
twit. Brotemarkle said the applicant desired to expand the non-conforming
mobile h(~ne park fram 199 mobile home spaces to 200 spaces. Staff has no strong
feelings regarding this request either pro or con, as it is rather minute in the
total scope of the mobile h~me park. The Iot'is an unsightly paved lot which
has outlived Its useful purpose. Staff leaves the decision to the pleasure
of the Agency.
tN's. Kennedy said she had read that they once dried clothes in that.location~
but now they were not. She asked where they were now drying clothes.-.. -'..
" · "' -~ ~ ' .... .-'. :' .... :' '. ' i; , '/~'.;: .:
tN-. Brotemarkle said they probably have dryer facilities in their laundry room..-'
.;. .. , ,.,- ..:. · :.-: ,.- ,.:. ~ .. . . .:,,, -:. ..'-.
/l~.. Hoesterey asked if the lot would be the same size as other lots-for
mobile homes, - .v.: ' - - - '
·
·
&fi', Brotemarkle said it would be slightly larger, ..
Chairman Saltarelli declared the' public liearing open and asked'if there was-
anyone who wished to speak in favor or opposition to Variance 80-13.
/,fi'. Les Frame, owner of the park, said he had purchased the park in 1972 and
used the lot for storage, but it became unsightly and he closed it dove. He
said the tenants requested that he convert this lot to a mobile h~me pad to make
the park more attractive.
There being no one else to speak, Chairman Saltarelli declared the public
hearing closed.
MOTION by Edgar, SECONDED by Sharp, to approve Variance 80-[3 in accordance with
the conditions as outlined by the staff.
tN's. Kennedy said that when this park annexed it ~s over the allowable densi,y
and she didn't feel that it should be compounded by adding ancther lot. She
felt it could be an open space area with landscaping. She would, therefore,
oppose the motion.
Mr. Hoesterey said after viewing the way the park is laid out he felt the re-
.
quest was justified and the lot was too small to have any meaning as open
space.
AYES:
Hoesterey, Edgar, Sharp, and Saltarelli
NOES: Kennedy
Use Permit
1
4
10
11
14
17
18
20
24
27
28
29
~0
$2
RESOLUTION NO. 1909
A RESOLUTION OF TIE PLANNING AGENCY OF THE CITY
OF TUSTIN, GRANTING 'A ZONING CODE VARIANCE ON
APPLICATION NO. 80-3.3 FOR TUSTIN VILLAGE MOBILE
HONtE PARK~ 15352. WI LLIAMS STREET'.
The Planning Agency of the City of TUstin does hereby resolve as follows:
I. The Plan'ning Agency finds and determines as follows:
A. That a proper application For Variance 80-13 was.filed by
Joseph Mason on behalf of Tustin Village Mobile Home for a
variance from the approved density provisions of the Mobile
Home Park-District of Zoning Code No. [57.
B. That a public hearing was duly called, noticed and held on
said application.
C. That because of special circumstances applicable to the sub-
ject property, r.elative to size, shape, topography, location,
or surroundings, a strict application of the zoning ordinance
is' found to deprive the subject property of privileges enjoyed
by other pr~operties in the vicinity and under identical zone
classification, evidenced by the following findings:
1. The configuration and location of the lot does not lend
itself to any viable use except for a mobile home.
D. That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties within the vicinity and
district in which the subject property' is situatec~.
E. That the granting of the variance as herein provided will not
be contrary to the intent of the zoning ordinance or the .pUblic
safety, health,.and general welfare, and said variance sl~ould
be granted.
F. .Proposed development shall be in accordance with the develop-
ment policies adopted by the City Council, Uniform Building
Code as administered by the Building Official, and the Fire
Code as administered by the Orange County Fire Marshal.
G. That the development is categorically exempt from the require-
ments of the California Environmental Quality Act.
II. The Planning Agency hereby grants a variance as applied for, to
permi't Tusti~ Village Mobil~ Hc~ne Park to v~y with t~e permitted
density of the Mobile'Hc~'ne Park District from Zoning Code No. [57,
subject to the following conditions:
A. Any construction or improvements shall comply with all appli-
cable City building regulations.
B. The improvement of the lot shall not result in the loss of any
guest or tenant parking spaces.
C. Lot line markers shal I be instal led on this lot and all other
lots within the park per California Administrative Code, Title
25, Section 1104¢b).
-,
't
t
1
£
4
§
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SO
~2
Resolution No."
page 2.
PASSED'AND ADOPTED at a regular meeting of the Tustin Flanning Agency,'
held on the 18th day of August, 1980. .'
Donald J. Sal~ar
Chairman
Rlchard B, Edgar, Vice-C~airman
A~.i. ~ehl
Recording Secretary