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HomeMy WebLinkAbout2007-09-11 - AGENDA REPORTS - MH PARK CHANGE USE ORD (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Amelia Rietzel DATE: September 11, 2007 SUBJECT: SECOND READING AND ADOPTION OF AMENDMENTS TO THE MOBILE HOME PARK CHANGE OF USE ORDINANCE DEPARTMENT: Community Development RECOMMENDED ACTION City Council conduct second reading and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 6.04.070(B)(5) OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO RELOCATION COSTS FOR MANUFACTURED HOME PARKS - CHANGE IN USE". BACKGROUND In 1990, the City Council adopted an ordinance to control rents and closures of mobile home parks within the City. This ordinance was adopted to protect mobile home park residents from unreasonable rent increases while at the same time, recognizing the need of park owner to receive a fair return on their property and to cover costs. It also included provisions to protect mobile home owners in the event a mobile home park determined to close. The existing ordinance does not address what happens if a mobilehome cannot be relocated as required by the code. This lack of a "buy-out" provision operates as a prohibition on change of use or park closure, as there is insufficient space within the City to relocate more than a few mobile homes. The City has been approached by park owners to address this defacto prohibition. City staff and the City Attorney's Office have drafted a revision to Chapter 6.04 of the City's Municipal Code to address their concerns. The draft revision was reviewed and approved by the City's Manufactured Home Rental Adjustment Panel on May 14, 2007. The Panel requested that the mediator be experienced and recommended by an official mediation service, this provision was Adopted: Ord.�-� added to the amendment. The Panel did not have any additional comments on the proposed amendment to the Ordinance. The ordinance revision establishes the following processes and requirements when a mobile home cannot be relocated within the City of Santa Clarita; • The park owner will pay to the home owner the fair market value as determined by an appraiser for the mobile home • A real estate standard will be utilized, the Blue Book value will not be utilized in the appraisal process • The appraisal will value the mobile home as if it were located in a comparable park • A mediation process is established should the park owner and home owner disagree on the amount to be paid All of the other provisions within the Ordinance that address compensating home owners for relocation and change of use remain unchanged. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT None. ATTACHMENTS Ordinance Red Line Version of Ordinance ORDINANCE NO. 07 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 6.04.070(B)(5) OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO RELOCATION COSTS FOR MANUFACTURED HOME PARKS—CHANGE IN USE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. THE CITY COUNCIL FINDS AS FOLLOWS: (a) Government Code section 65863.7 allows a city to condition the change of use of an existing manufactured home park so long as such conditions do not exceed the reasonable cost of relocation. (b) The Santa Clarita Municipal Code provides that the owner of a manufactured home park must relocate manufactured homes within the City of Santa Clarita, but provides no alternative in the event that such relocation is not possible. (c) In those instances where relocation within the City of Santa Clarita is not possible, the value of the manufactured home as if located in a comparable manufactured home park shall be deemed the reasonable cost of relocation for such manufactured home. (d) Amending the Municipal Code to provide that in those instances where a manufactured home cannot be relocated within the City that the owner of the manufactured home be compensated will serve to protect the manufactured home owners, while at the same time bring the Municipal Code into compliance with the limitations imposed upon the City by State law. SECTION 2. Section 6.04.070(B)(5) of the Santa Clarita Municipal Code is hereby amended in its entirety to read as follows: "5. The applicant shall ensure that the manufactured homes meet the requirements of the new park(s) in which they are relocated. The applicant shall rehabilitate manufactured homes to enable them to be accepted into a new park within the City of Santa Clarita. In the event that a manufactured home owner's manufactured home cannot be relocated to another park within the City of Santa Clarita either due to its age, condition or lack of any available relocation sites for the specific manufactured home, the applicant shall pay to the manufactured home owner the appropriate amount as determined by an appraiser (paid for by LA #4851-3124-3009 v 1 the park owner) for the value of the manufactured home. The appraisal shall value the manufactured home as if located in a comparable manufactured home park and will be based on areal estate valuation method and not the blue book value. If the home owner does not agree with the resulting appraisal, the home owner may pay for his or her own appraisal. The home owner and park owner will then negotiate using both of the appraisals. If an agreement cannot be reached, the City will provide an impartial mediator. 'The City will endeavor to select a mediator that has a background in analyzing appraisals. The cost of the mediator will be equally shared by the park owner and the home owner. Payment for the mediator will be made in advance to the City by the parties. If one party fails to make the required payment, the value of the relocation shall be determined to be the amount of the other party's appraisal. If the parties still cannot agree, the impartial mediator shall determine the amount to be paid, which amount shall be no greater than the higher of the two appraisals." SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. SECTION 5. PUBLISHING. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. APPROVED AND ADOPTED this , 2007. ATTEST: Marsha McLean, Mayor APPROVED AS TO FORM: Sharon Dawson, City Clerk Carl K. Newton, City Attorney LA #4851-3124-3009 v1 AYES: NOTES: ABSTAIN: ABSENT: LA #4851-3124-3009 vl REDLINE VERSION (New Language is in Italics) ORDINANCE NO. 07 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 6.04.070(B)(5) OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO RELOCATION COSTS FOR MANUFACTURED HOME PARKS—CHANGE IN USE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. THE CITY COUNCIL FINDS AS FOLLOWS: (a) Government Code section 65863.7 allows a city to condition the change of use of an existing manufactured home park so long as such conditions do not exceed the reasonable cost of relocation. (b) The Santa Clarita Municipal Code provides that the owner of a manufactured home park must relocate manufactured homes within the City of Santa Clarita, but provides no alternative in the event that such relocation is not possible. (c) In those instances where relocation within the City of Santa Clarita is not possible, the value of the manufactured home as if located in a comparable manufactured home park shall be deemed the reasonable cost of relocation for such manufactured home. (d) Amending the Municipal Code to provide that in those instances where a manufactured home cannot be relocated within the City that the owner of the manufactured home be compensated will serve to protect the manufactured home owners, while at the same time bring the Municipal Code into compliance with the limitations imposed upon the City by State law. SECTION 2. Section 6.04.070(8)(5) of the Santa Clarita Municipal Code is hereby amended in its entirety to read as follows: "5. The applicant shall ensure that the manufactured homes meet the requirements of the new park(s) in which they are relocated. The applicant shall rehabilitate manufactured homes to enable them to be accepted into a new park within the City of Santa Clarita. In the event that a manufactured home owner's manufactured home cannot be relocated to another park within the City of Santa Clarita either due to its age, condition or lack of any available relocation sites for the specific manufactured home, the applicant shall pay to the manufactured home owner the appropriate amount as determined by an appraiser (paid for by LA #4651-3124-3009 v the park owner) for the value of the manufactured home. The appraisal shall value the manufactured home as If located in a comparable manufactured home park and will be based on a real estate valuation method and not the blue book value. if the home owner does not agree with the resulting appraisal, the home owner may pay for his or her own appraisal. The homeowner and park owner will then negotiate using both of the appraisals. if an agreement cannot be reached, the City will provide an impartial mediator. The City will endeavor to select a mediator that has a background in analyzing appraisals. The cost of the mediator will be equally shared by the park owner and the home owner. Payment for the mediator will be made in advance to the City by the parties. if one party fails to make the required payment, the value of the relocation shall be determined to be the amount of the other party's appraisal If the parties still cannot agree, the impartial mediator shall determine the amount to be paid, which amount shall be no greater than the higher of the two appraisals." SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. SECTION 5. PUBLISHING. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. APPROVED AND ADOPTED this '2007. ATTEST: Marsha McLean, Mayor APPROVED AS TO FORM: Sharon Dawson, City Clerk Carl K. Newton, City Attorney LA #4851-3124-3009 v1 AYES: NOTES: ABSTAIN: ABSENT: LA 04851-3124-3009 v