Item 6 - Ordinance Adding to PMC re: Mobilehome Inspections
TO:
,ROM:
INITIATED BY:
DATE:
SUBJECT:
AGENL., , REPORT SUMMARY
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
John D. Fitch, Assistant City Manage~)t
Warren H. Shafer, Director of RedeyeldPment Services~
David Narevsky, Redevelopment Manager
Ed Wilczak, Building Services Manager
May 2, 1995
An Ordinance of the City of Poway, California Adding Chapter 15,28 to the
Poway Municipal Code Adopting Certain Provisions of Title 25 of the
California Code of Regulations Relating to Mobilehome Inspections, Except
Fee and Penalty Provisions, Pertaining to the Construction, Use,
Maintenance, and Occupancy of Mobilehomes
ABSTRACT
This action is to adopt applicable technical provisions of Title 25 of the California
Code of Regulations as part of the Poway Municipal Code,
ENVIRONMENTAL REVIEW
- The proposed acti ons are categori ca 11 y exempt from CEQA under Cl ass 21, Enforcement
Acti ons by Regul atory Agenci es.
FISCAL IMPACT
None,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway News Chieftain, and the report was mailed to the Poway
Housing Commission, Betty Almand of ReMax Realty, Louis Conrad of Amstar Homes, Conrad
Menconi of Heritage Homes and Mary Noble of Coldwell Banker,
RECOMMENDATION
It is recommended that the City Council hold the first reading of the attached
Ordinance, and continue the public hearing for second reading on May 23, 1995,
ACTION
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ITEM
1995
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- AGENDA REPORT
CITY OF POW A Y
INITIATED BY:
""
Honorabl e Mayor and Members of the City Council 'o"';"'~-;'~E
James L, Bowersox, City Man~
John 0, Fitch, Assistant City Manager~)\
Warren H. Shafer, Redevelopment Services Directo~
David Narevsky, Redevelopment Manager
Ed Wilczak, Building Services Manager
TO:
FROM:
DATE:
SUBJECT:
May 2, 1995
An Ordinance of the City of Poway, California Adding Chapter
15,28 to the Poway Municipal Code Adopting Certain Provisions
of Title 25 of the California Code of Regulations Relating to
Mobi 1 ehome Inspections, Except Fee and Penalty Provi si ons,
Pertaining to the Construction, Use, Maintenance, and
Occupancy of Mobilehomes
BACKGROUND
The Poway Redevelopment Agency purchased Poinsettia Mobilehome Park on July 1,
1988, and Poway Royal Estates Mobilehome Park on January 15, 1991. The City of
Poway manages these mobi 1 ehome parks under a Lease Agreement with the Poway
Redevelopment Agency,
The State Department of Housing and Community Development (HCD) generally has
jurisdiction over all mobilehome parks in the State, Mobilehome parks in the
City of Poway have historically been under the control of HCD, Since purchase
of these parks by the Redevelopment Agency, inspection services for installation
of new mobilehome units and modifications to existing mobilehomes have continued
to be performed by HCD, In November 1993 HCD, without notice to the City of
Poway, ceased to provide inspection services to mobilehome parks owned by the
Poway Redevelopment Agency, HCD cited a legal limitation for the change,
The explanation from HCD, after we contacted them, was to advise us that under
the Mobilehome Parks Act they did not have jurisdiction over publicly-owned
parks. A number of discussions ensued between City of Poway and HCD staffs as
well as legal counsel. We were unable to reach a satisfactory resolution of this
issue with HCD. Their position is based upon a legal interpretation of the
Mobilehome Parks Act. The City Attorney has reviewed the State's legal position
and doesn't feel it merits a legal challenge,
In order to provide the necessary inspection services to park residents, given
HCD's position, City staff have provided these services since April 1994 with,
Esgil Corporation, the City's designated Building Official serving as technical
advisors,
ACTION:
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Agenda Report - Title 25 Adoption
May 2, 1995
Page 2
FINDINGS
It is necessary to adopt standards for mobilehome inspections in order to proYide
an objective measure of the quality of work being performed at mobilehomes, The
standards used by HCD for mobilehome inspection are codified as Title 25 of the
California Code of Regulations (Title 25), Title 25 standards are adequate for
use by the City of Poway, with the excepti on of the fee standards contai ned
within Title 25, The issue of fees is discussed in the accompanying staff report
~ong with a discussion of a contract provider for these services. Further,
adoption of Title 25 as part of the City's Building Code provides the City
immunity for inspection services.
Haley Ranch Estates consists of manufactured housing units, rather than
mobilehomes, and has been under the jurisdiction of the Building Division since
initial development. The proposed Ordinance would not apply to that project,
ENVIRONMENTAL REVIEW
The proposed actions are categorically exempt from CEQA under Class 21,
Enforcement Actions by Regulatory Agencies,
FISCAL IMPACT
Adopti on of inspect i on standards has no fi sca 1 i mpact, The impact of performi ng
the inspections is addressed in the accompanying staff report concerning fees,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway News Chieftain, and the report was mailed to
the Poway Housing Commission, Betty Almand of ReMax Realty, Louis Conrad of
Amstar Homes, Conrad Menconi of Heritage Homes and Mary Nobl e of Co 1 dwe 11 Banker.
RECOMMENDATION
It is recommended that the City Council hold first reading of the attached
Ordinance, and continue the public hearing for second reading on May 23, 1995,
Attachments:
1.
Proposed Ordi nance
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING
CHAPTER 15.28 TO THE POWAY MUNICIPAL CODE ADOPTING CERTAIN PROVISIONS
OF TITLE 25 OF THE CALIFORNIA CODE OF REGULATIONS RELATING TO MOBILEHOME
INSPECTIONS, EXCEPT FEE AND PENALTY PROVISIONS, PERTAINING TO THE
CONSTRUCTION, USE, MAINTENANCE, AND OCCUPANCY OF MOBILEHOMES
WHEREAS, Division 1, Chapter 2, of Title 25 of the California Code of
Regulations establishes the standards for mobilehome construction, use,
maintenance, and occupancy statewide; and
WHEREAS, Title 25 has no application to publicly-owned mobilehome parks
unless adopted locally; and
WHEREAS, the publicly-owned mobilehome parks in the City of Poway should
be subject to the same inspection standards as privately-owned parks, and
WHEREAS, Government Code Secti on 50022,2 et, seq. authori zes a 1 oca 1 agency
to adopt all or any portion of Title 25 by reference, provided that penalty
provisions be set forth in full; and
WHEREAS, the City Council finds that the adoption of certain of the
provisions of Title 25, except the fees and penalty provisions is necessary for
the orderly and uniform application of mobilehome building standards in all
mobilehome parks in Poway; and
WHEREAS, the City Council shall set forth the penalty provisions in full
herein and shall establish inspection fees from time to time by resolution; and
WHEREAS, a properly noticed public hearing was conducted and copies of the
Poway Municipal Code, this Ordinance, and Division 1, Chapter 2, of Title 25 are
on file and open to public inspection, all in accordance with Government Code
Section 50022,3; and
WHEREAS, the City Council finds that the proposed Ordinance is
categori ca lly exempt from the requi rements of the Ca 1 iforni a Envi ronmenta 1
Quality Act, Class 21,
NOW, THEREFORE, the City Council of the City of Poway, California does
hereby ordain as follows:
Section 1. Chapter 15,28 is hereby added to the Poway Municipal Code as
set forth in Exhibit A attached hereto,
Section 2, The City Council hereby authorizes and directs that Chapter
15,28 inspection fees shall be set by resolution,
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of its passage; and the City Clerk of the City of Poway
i s hereby authori zed to use summary publ i cat i on procedures pursuant to Government
Code Section 36933 utilizing the Poway News ChÌeftaÌn, a newspaper of general
circulation, published in the City of Poway,
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1995
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Attachment 1
Ordinance No,
Page 2
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the
City of Poway held the 2nd day of May, 1995, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 23rd day of May, 1995, by the
following roll call vote:
AYES:
NOES:
ABSENT:
Don Higginson, Mayor
MarJorie K, Wahlsten, City Clerk
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rdinance No,
Page 3
Exhibit A
Page 1
Chapter 15.28
MOBILEHOME INSPECTION CODE
Sections:
15.28,010 Adoption,
15.28,020 Deletions.
15.28,030 Application.
15,28.040 Penalties,
15,28,050 References
15.28,010 Adootion of a portion of Division 1. Chapter 2, of Title 25 of the
California Code of Reoulations, There is adopted as the City mobilehome code for
the purpose of regulating the construction, use, maintenance, and occupancy of
mobilehomes in the City of Poway, Title 25, Division 1, Chapter 2, as revised and
effective January 1, 1994,
15,28,020 Deletions, Sections 1008 - 1024, inclusive, and Sections 2200 -
2860 of Division 1, Chapter 2, of Title 25 of the California Code of Regulations,
as revised and effective January 1, 1994, are deleted,
15.28.030 Aoplication, The provisions of this Chapter 15.28 shall apply to
all mobilehomes located in the City of Poway which are not otherwise subject to
Title 25, Division 1, Chapter 2, of the California Code of Regulations because
such mobilehomes are located in a publicly-owned park, or for any other reason
whatsoever.
15.28.040 Penalties. The penalties for any violation of provision of Title
25, Division 1, Chapter 2, of the California Code of Regulations adopted by
Section 15,28,010 shall be those penalties set forth in Section 1,08.010 of the
Poway Municipal Code.
15,28,050 References, References in the adopted provisions of Title 25,
Division 1, Chapter 2, of the California Code of Regulations to the department,
enforcement agency, or any director, administrator, inspector, or other employee
thereof shall refer to the City of Poway Building Department and its director,
administrator, inspector, or employee.
MAY 2
1995
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