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sr-112310-3kCity Council Meeting: November 23, 2010 Agenda Item:J"~- To: Mayor and City Council From: Eileen Fogarty, Director of Planning & Community Development Subject: Adoption of a resolution setting forth construction, use, maintenance, occupancy and design standards for the Mountain View Mobile Home Park Recommended Action Staff recommends that the City Council adopt the attached resolution clarifying that non- administrative portions of The California Mobile Home Parks Act Regulations (Title 25 of the California Code of Regulations Sections 1000 et. sec.) will be enforced at the Mountain View Mobile Home Park which is otherwise exempt from such Regulations because the mobile home park is currently owned and operated by the City. Executive Summary Sections 1000 et. sec. of Title 25 of the California Code of Regulations ("Title 25") is a comprehensive Code that governs the construction, use, maintenance, occupancy, and design of mobile home parks throughout the State. In preparing for the installation of 20 new manufactured homes at Mountain View Mobile Home Park (MVMHP), the applicability of codes governing the proper placement of these new homes was reviewed. Government-owned mobile home parks are exempt from Title 25. Therefore, the State building code referred to as Title 24 currently applies to MVMHP. Title 24 covers everything from small sheds to high-rise buildings, but contains no regulations specific to mobile home parks. In its discretion, the City Council can decide to apply the non-administrative portions of Title 25 (rather than Title 24) as the appropriate set of regulations for MVMHP. Title 25 regulates nearly all mobile home parks throughout the State including the other mobile home park ih the City, Village Trailer Park. The attached resolution clarifies that the City Building Officer shall apply the non- administrative provisions of Title 25 at MVMHP. Background The City purchased .MVMHP in 2000 and operates it as deed-restricted affordable housing, with 105 rent controlled spaces. Subsequent to the City acquisition of MVMHP, a number of improvements have been implemented at the park. Recently, MVMHP 1 underwent a complete infrastructure upgrade. The next phase of work involves replacing 20 older City-owned travel trailers and mobile homes with new manufactured homes, as approved by City Council on September 28, 2010 Discussion Pursuant to Health & Safety Code Section 18303, MVMHP automatically became exempt from the Title 25 when the City acquired the property and assumed operation. Section 18303 specifically states that Title 25 does not apply to any mobile home park owned, operated, and maintained by government entities. Title 25 is a comprehensive code with specifically crafted criteria for mobile home parks. Due to the preparation for the 20 new homes at MVMHP and the fact that new manufactured homes have not been installed at MVMHP for years, staff reviewed whether Title 24 or Title 25 should govern the installation of the new manufactured homes. Title 25 recognizes that mobilehome parks such as MVMHP, constructed prior to 1961, require standards that allow such properties to continue to function while maintaining safety for the occupants. Accordingly, Title 25 establishes different minimum standards for mobile home parks constructed prior to 1961 compared to mobile home parks constructed after 1961. Similar to the process that the State uses to update Title 24 (which the City adopts as its Building Code), Title 25 is regularly updated based on experience and newer technology, continuously improving safety.. Unless the City would add special standards to its building code that would apply to pre- 1961 mobile home parks, Title 24 would require new manufactured housing units installed at MVMHP to comply with the same standards as traditional buildings, i.e. single family homes. Applying Title 24 setback and building separation requirements to MVMHP would require new units to be approximately four feet narrower than would be permitted under Title 25. The result would be a significant loss of living space for each unit replaced: The loss of living space reduces the number of bedrooms in each unit; compromising the ability to house some of the existing families in accordance with housing regulations regarding the minimum number of bedrooms for larger families. 2 Additionally, awnings and covered porches would not be permitted on many of the smaller lots in the mobile home park, further reducing usable areas. The new manufactured homes will be built to standards established by the federal Department of Housing and Urban Development (HUD). The quality and safety of the new manufactured homes will be superior to the units they will replace. These new homes will be more energy efficient, have fire resistant siding, modern electrical, plumbing, and heating systems and be equipped with fire sprinkler systems. Rather than revise the local building code to include special provisions for mobile home parks like MVMHP that are exempt from Title 25 due to government ownership, staff recommends the City apply the non-administrative portions of Title 25 at MVMHP. This results in a consistent set of regulations applicable to both MVMHP and Village Trailer Park. The attached resolution clarifies that the City Building Officer shall apply the non- admihistrative provisions of Title 25 at MVMHP. Alternative to Title 25 The alternative to Title 25 is applying the City Building Code (which adopts State Title 24) to MVMHP. Title 24 provides safety standards in all types of buildings ranging from small sheds to high-rise buildings. However, Title 24 contains no specific regulations for mobile home parks which are unique. Title 25 is specifically designed with safety standards for mobile home parks. Environmental Analysis City Council action oh this matter is not subject to CEQA pursuant to CEQA Guidelines Section 15060(C)(2), in that the action to clarify the application of safety standards of Title 25 to all mobile home parks within the City will not result in a direct or reasonably foreseeable indirect physical change in the environment. 3 Financial Impacts & Budget Actions The recommendation in this report involves clarifying applicable building code requirements for mobile home parks and does not have any significant budget or fiscal impact. Prepared by: Ron Takiguchi, Building Officer, Building & Safety Division, PCD Forwarded to Council: Rod Gould City Manager Attachment: Resolution 4 Reference Resolution No. 10545 (CCS).