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HomeMy WebLinkAbout2016-03-08 - ORDINANCES - MOBILEHOME PARK (2)AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES, FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS WHEREAS, as set forth in the Housing Element of the City's General Plan, an important goal for the City of Santa Clarita (City) is to preserve the existing senior housing stock, which is represented in part by affordable mobilehome housing; and WHEREAS, there is a current and immediate threat to the public health, safety, and welfare arising from the lack of senior housing options for citizens 55 years of age and older in and around the City; and WHEREAS, mobilehome parks represent one of a few affordable housing options left to senior citizens that permit exclusive residence in a detached dwelling by those individuals over the age of 55 years; and WHEREAS, mobilehome parks represent less than 3% of the City's housing stock. "Converting" mobilehome parks from "senior -only" to "all -age" parks would reduce the number of senior housing units available to those persons 55 years of age and older; and WHEREAS, change from a "senior -only" to an "all -age" mobilehome park will unduly burden and irreparably harm senior citizens within the community; and WHEREAS, on January 26, 2016, the City Council adopted Ordinance No. 16-01, as an Urgency Ordinance and adopted its findings of fact; and WHEREAS, Ordinance No. 16-01, by law, is effective for only 45 days and expires on March 11, 2016; and WHEREAS, pursuant to Government Code Section 65858, the City may, after notice and a public hearing, extend the moratorium enacted by Ordinance No. 16-01; and WHEREAS, the City Council continues to find that there is a current and immediate threat to the public health, safety, and welfare based on the above findings and the findings contained in Ordinance No. 16-01, and upon that basis has determined that an extension of the moratorium enacted under Ordinance No. 16-01 is warranted. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of Fact. The City Council finds as follows: A. The recitals above are true and correct, and incorporated as part of the City's findings B. The factual basis for extending the moratorium also includes the findings set forth in Section 1 of Ordinance No. 16-01, which is adopted herein by reference. C. Pursuant to Government Code Section 65858(d), the City has issued a report relative to the steps taken to alleviate the conditions that necessitated the adoption of Ordinance No. 16-01, which is attached and incorporated by reference. D. The City requires more time to study and decide: a. If an ordinance is necessary to protect the public health, safety, and welfare and provide adequate local senior housing for the community's aging population. b. If such an ordinance would have any adverse effects upon the general housing market and particularly the senior and low-income housing market in the City. Further, whether any potential effects from the removal of a senior housing resource in the City constitute a current and immediate threat to the public health, safety, and welfare. c. The extent the City may regulate internal operations of mobilehome parks. E. Given the harm to the community by the removal of "senior -only" mobilehome parks, this moratorium should be extended to preserve the status quo, to provide time to seek clarification of the law, and permit City staff to develop appropriate regulations consistent with the requirements of the law. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) (the activity will not have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. These findings are premised on the fact that the adoption of this ordinance will maintain existing environmental conditions arising from the City's current land use regulations without significant change or alteration. SECTION 3. Extension of Moratorium on the Conversion of Mobilehome Parks. The City Council orders as follows: A. The findings and determinations in Section 1 are true and correct. B. Based on the foregoing, the City Council finds and declares there is a current and immediate threat to the public health, safety, and welfare, and upon that basis has determined that an Urgency Ordinance pursuant to Government Code Sections 65858 and 36937 is warranted, and shall take effect immediately upon adoption by a four-fifths vote of the City Council. 2 C. The conversion of any mobilehome park currently in existence in the City, from a park where at least 80% of the full-time residents are individuals 55 years of age and older (a "senior -only" mobilehome park) to a mobilehome park accepting all ages of residents, is prohibited for an additional period of 10 months and 15 days from the expiration date of Ordinance No. 16-01. SECTION 4. Report. Staff is directed to provide a written report to the City Council at least 10 days prior to the expiration of this ordinance, describing the local housing conditions that led to the adoption of this ordinance and any measures taken to alleviate such conditions, in accordance with State law. SECTION 5. Effective Date and Duration. This ordinance is an Urgency Ordinance enacted under California Government Code Section 65858(a). This Urgency Ordinance is enacted immediately upon adoption by a four-fifths vote of the City Council, and shall take effect on March 11, 2016, and will extend for a period of 10 months and 15 days from the previous expiration date of March 11, 2016, to January 26, 2017, at which time it will automatically expire unless extended by the City Council in accordance with California Government Code Section 65858. SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, 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 adopted this ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Further, the City Council hereby declares that this ordinance neither is intended to nor shall it impair the obligation of existing contracts. SECTION 7. Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 8th day of March 2016. DATE: -'p- - 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 16-04 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of March 2016. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day of March 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Weste, Acosta, McLean, Boydston, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 16-04 and was published in The Signal newspaper in accordance with State Law (G.C. 40806).! 0 10 -DAY REPORT ON THE CITY OF SANTA CLARITA'S 45 -DAY URGENCY MORATORIUM ORDINANCE PROHIBITING CHANGES IN USE TO ANY SENIOR MOBILEHOME PARK TO AN ALL -AGES PARK AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d) BACKGROUND: On January 26, 2016, pursuant to Government Code Sections 65858 and 36937, the City Council adopted a 45 -day Urgency Moratorium Ordinance. The ordinance was adopted in response to serious concerns from residents living in senior mobilehome parks regarding actions by park owners to change their parks from senior housing parks to all -ages parks. Under Government Code section 65858(d), 10 days prior to the expiration of the 45 -day ordinance, the City is to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE Since January 26, City staff has notified all park owners in the City, as well as all residents that reside in parks that the City believes to be senior housing parks, of the City Council's adoption of the Urgency Moratorium Ordinance. 2. City staff notified park residents in parks that it believes are senior housing parks to contact the City to report any changes or actions that may be occurring which violate the moratorium. A dedicated eService alert has been developed to accept those complaints. City staff has begun contacting several cities in the state to discuss with them the actions and steps taken in their consideration and eventual implementation of a Senior Mobilehome Park Overlay Zone. 4. The City Attorney has begun researching the legal parameters associated with various aspects of the drafting, adoption and implementation of a possible Senior Mobilehome Park Overlay Zone ordinance. 5. City staff is beginning the process of gathering information from the parks they believe are senior housing parks to confirm the age status of those residents so the City Council can be informed of the parks to which a possible Senior Mobilehome Park Overlay Zone ordinance would apply. CONTINUED NEED FOR MORATORIUM EXISTS Due to the fact that many of the above actions are still on-going, or are just underway and additional actions and research may be required to fully study a possible Senior Mobilehome Park Overlay Zone ordinance, the need for the moratorium still exists; and therefore, City staff is recommending to the City Council that they adopt an ordinance extending the current moratorium for a period of 10 months and 15 days.