Carson Harbor Village, Ltd. v. City of Carson

FACTS AND PROCEDURAL HISTORY

Carson Harbor Village, Ltd. (the park), is a mobilehome park in the City of Carson (City). It consists of 420 rental spaces on 70 acres of land, 17 acres of which are federally and state regulated wetlands and which is the only open space area within the City. In 2007 the City rejected the park’s application to convert from rental spaces to a subdivision of individually owned lots. The primary reason for the denial was the City’s finding that the proposed subdivision was a sham intended to skirt the City’s rent control laws, based on the supposed inadequacy of tenant support surveys, as well as a lack of tenant support. The City also denied the application because the proposed subdivision was inconsistent with the affordable housing and open space elements of its general plan.2 A 2008 mandate action by the park led to a trial court judgment against the City. The trial court found that: (1) even though a 2005 tenant survey had been inadequate, a 2007 survey by the park had been properly conducted; (2) in any event, the application could not be rejected based on a lack of tenant support; and (3) the City could not deny the application for inconsistency…

*60 Opinion

The City of Carson appeals from the judgment in this mandate action directing it to approve Carson Harbor Village, Ltd.’s application to convert its mobilehome park from a rental facility to a subdivision of resident-owned lots. We reverse because substantial evidence supports the City’s findings that allowing the conversion would be inconsistent with the open space element of its general plan by placing at risk a state and federally regulated wetlands area within the confines of the mobilehome park.

OVERVIEW

Cities must have general plans governing development, including the protection of open space, and must also deny proposed subdivisions that are inconsistent with their general plans. (Gov. Code, §§ 65300, 65302, 66474, subd. (b), 66498.6, 65567.) 1 The conversion of a mobilehome park from individual space rentals to lot ownership is a subdivision subject to the subdivision laws. (§§ 66424, 66427.4, 66427.5, 66428.1.) The statute governing that procedure is concerned with protecting low-income renters and a proposed conversion may be denied if the applicable local agency determines that the proposal is a sham designed to circumvent local rent control ordinances.…

Concurring and Dissenting. — I concur in part and respectfully dissent in part.

I agree with the majority opinion’s conclusion that the City of Carson (City) properly considered the issue of whether Carson Harbor Village, Ltd.’s (the park) proposed conversion was inconsistent with the City’s general plan. As I indicated in Carson Harbor Village, Ltd. v. City of Carson (Mar. 30, *78 2010, B211777) (nonpub. opn.), I do not read the mobilehome park conversion statute (see Gov. Code, § 66427.5) 1 to have established a stand-alone process granting a park’s residents a simple veto by vote over a proposed conversion. Section 66427.5 added a preliminary step in the subdivision process in the context of a mobilehome park conversion to resident-owned spaces to address resident displacement concerns, leaving in place the broader structure of the Subdivision Map Act (§ 66410 et seq.). In Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2012) 55 Cal.4th 783 [ 149 Cal.Rptr.3d 383 , 288 P.3d 717 ], the Supreme Court clarified that section 66427.5 did not strip away California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.; Coastal Act) and Mello Act (§§ 65590,…