HomeMy WebLinkAbout2017-01-24 - ORDINANCES - MOBILEHOME PARK MORATORIUM (2)ORDINANCE N0. 17-02
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 12 MONTHS
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, pursuant to Government Code Section 65858, the City Council adopted
Urgency Ordinance No. 16-04, extending Urgency Ordinance 16-01, and adopted its findings of
fact for an additional 10 months and 15 days; and
WHEREAS, City staff has conducted research on the current demographics of senior
mobilehome parks using residents surveys, and are continuing to investigate the alternatives for
the preservation of senior mobilehome parks; and
WHEREAS, Ordinance No. 16-04, by law, is effective for only 10 months and 15 days
and expires on January 26, 2017; and
WHERAS, additional time is needed to complete the research and investigation; and
WHEREAS, pursuant to Government Code Section 65858, the City may, after notice and
a public hearing, extend the moratorium for an additional.l2 months; and
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threat to the public health, safety, and welfare based on the above findings and the findings
contained in Ordinance No. 16-01 and Ordinance No. 16-04, and upon that basis has determined
that an extension of the moratorium enacted under Ordinance No. 17-02 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. 16-04, 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. 17-02, 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.
d. The age status of the residents of the mobilehome parks in the City, and the
buying and selling activities of mobilehomes at those 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 Urgency
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 Urgency Ordinance will
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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, or 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.
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 residents of all
ages is prohibited for an additional period of 12 months from the expiration date of
Ordinance No. 16-04.
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 January 24, 2017, and will extend for a period of 12 months from the expiration date
of January 26, 2017, to January 26, 2018, 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 Urgency
Ordinance and shall cause the same to be published as required by law.
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PASSED,, APPROVED, AND ADOPTED this 24th day of January 2017.
MAYOR
ATTEST:
CITY CLERK
DATE: 6;11e9-1 1--)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 17-02 was duly passed and adopted at a regular meeting of the City
Council held on January 24, 2017, by the following vote:
AYES: COUNCILMEMBERS: Miranda, McLean, Weste, Kellar, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 17-02 and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
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CITY CLERK
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10 -DAY REPORT ON THE CITY OF SANTA CLARITA'S 10 MONTH AND 15 DAY
URGENCY ORDINANCE EXTENSION OF THE MORATORIUM PROHIBITING
CHANGES IN USE TO ANY SENIOR MOBILEHOME PARK TO AN ALL -AGE PARK,
AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d)
BACKGROUND:
On January 26, 2016, pursuant to Government Code Sections 65858 and 3693)7, the City Council
adopted a 45 -day Urgency Ordinance, establishing a 45 -day moratorium on senior mobilehome
park conversions to all -age parks. On March 8, 2016, the City of Santa Clarita Council adopted
an ordinance extending the Urgency Ordinance for an additional 10 months and 15 days. The
ordinance and its extension were 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 -age parks. Under Government Code Section 65858(d), 10 days prior to the
expiration of the ordinance extension, 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
1.
City staff notified all park owners in the City, as well as all residents residing in parks
that the City believes to be senior housing parks, of the City Council's adoption of the
Urgency Ordinance.
2.
City staff notified park residents in parks that are considered to be 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.
3.
City staff is contacting cities throughout the state to discuss with them the actions and
steps taken in their consideration and eventual implementation of Senior Mobilehome
Park Overlay Zone.
4.
The City Attorney is 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 conducted a survey of the residents of the senior housing parks to determine the
percentage of spaces within the park which were occupied by at least one individual over
55 years of age.
6.
City staff conducted a survey of the park owners requesting them to provide information
on which spaces within their parks were occupied by at least one individual over 55 years
of age.
7.
The results of the survey were not conclusive due to inadequate response to -date.
Responses to the survey continue to be received by City staff.
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8. City staff received a number of complaints of park spaces being rented to households in
which there was not an individual over 55 years of age. City staff continues to monitor
the status of the senior parks and to investigate complaints from individuals believing that
the moratorium has been violated.
CONTINUED NEED FOR MORATORIUM EXISTS
Many of the above actions are still on-going, and additional actions, surveys, and research are
required to fully study a possible adoption of Senior Mobilehome Park Overlay Zone Ordinance.
Therefore, the need for the moratorium still exists, and City staff recommends the City Council
adopt an ordinance extending the current moratorium for a period of 12 months.
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10 -DAY REPORT ON THE CITY OF SANTA CLARITA'S 10 MONTH AND 15 DAY
URGENCY ORDINANCE EXTENSION OF THE MORATORIUM PROHIBITING
CHANGES IN USE TO ANY SENIOR MOBILEHOME PARK TO AN ALL -AGE 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 Ordinance, establishing a 45 -day moratorium on senior mobilehome park
conversions to all -age parks. On March 8, 2016, the City of Santa Clarita Council adopted an
ordinance extending the Urgency Ordinance for an additional 10 months and 15 days. The
ordinance and its extension were 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 -age parks. Under Government Code Section 65858(d), 10 days prior to the
expiration of the ordinance extension, 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
1. City staff notified all park owners in the City, as well as all residents residing in parks that
the City believes to be senior housing parks, of the City Council's adoption of the Urgency
Ordinance.
2. City staff notified park residents in parks that are considered to be 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.
3. City staff is contacting cities throughout the state to discuss with them the actions and steps
taken in their consideration and eventual implementation of Senior Mobilehome Park
Overlay Zone.
4. The City Attorney is 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 conducted a survey of the residents of the senior housing parks to determine the
percentage of spaces within the park which were occupied by at least one individual over
55 years of age.
6. City staff conducted a survey of the park owners requesting them to provide information
on which spaces within their parks were occupied by at least one individual over 55 years
of age.
7. The results of the survey were not conclusive due to inadequate response to -date. Responses
to the survey continue to be received by City staff.
8. City staff received a number of complaints of park spaces being rented to households in
which there was not an individual over 55 years of age. City staff continues to monitor the
status of the senior parks and to investigate complaints from individuals believing that the
moratorium has been violated.
CONTINUED NEED FOR MORATORIUM EXISTS
Many of the above actions are still on-going, and additional actions, surveys, and research are
required to fully study a possible adoption of Senior Mobilehome Park Overlay Zone Ordinance.
Therefore, the need for the moratorium still exists, and City staff recommends the City Council
adopt an ordinance extending the current moratorium for a period of 12 months.
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