HomeMy Public PortalAbout07-1373UINTERIM URGENCY ORDINANCE NO. 07 -1373U
AN INTERIM URGENCY ORDINANCE OF C CITY OF CARSON,
CALIFORNIA, ENACTED PURSUANT
CODE §§ 36934,
36937, AND 65858, AND ADOPTING
OF
A MORATORIUM ON CONSIDERATION OR PROCESSING
THE
MOBILEHOME PARK CONVERSIONS AND
URGENCY THEREOF
mobilehome park residents comprise approximately 9% of the City of
total housing population with 2,405 senior and family households located in 2 3
Carson s ("City")
mobilehome parks citywide; and
based on a survey conducted by the City in or about October of 2005,
WHEREAS, park residents within the City are low- income or very
approximately 79% of the mobilehome p
low
- income households as defined by United States Department of Housing and Urban
Development; and
WHEREAS, based on a survey conducted by the City or about
are moderate f 2005,
approximately 14% of the mobilehome park residents within the
households as defined by United States Department of Housing and Urban Development; and
WHEREAS, based on a survey conducted by the City in or about October of 2005,
approximately 39% of the mobilehome park residents within the City are senior citizens; and
pp
WHEREAS, based on a survey conducted by the City
e City have a disabled member;
approximately 49% of the mobilehome park households wit Y
and
WHEREAS, approximately 80% of the City's affordable housing units are located
within the mobilehome parks; and
for very
WHEREAS, mobilehome parks provide a significant and the disabled residents in the C ty;
low, low, and moderate income families, senior citizens,
and
WHEREAS, state law permits a mobilehome park
elf but also the space above and beneath
such that residents may not only own the mobilehome itself
mobilehome. These subdivisions are commonly l rent control ontrol provisions are, byt�ate
ownership. " Upon a conversion to resident ownership, local
law, no longer applicable and are supplanted by a form of state law which allows for rent de-
control; and
a mobilehome
WHEREAS, when initiated by the residents conversion
advantages of mobilehome
park to resident ownership may provide the resid ents with certain
park ownership. Such resident - initiated conversions, however, are generally infeasible in the
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City, where resident initiated purchase of a mobileome park is
of the City's ;
parksond the
circumstances of the largely low and moderate income res
and
WHEREAS, in the recent years there has been a growing and alarming trend of
mobilehome park owner initiated conversions in which � onvert a mob lehome park over
a means of trying to escape local rent control and as a means to
the objections of the residents of such park; and
WHEREAS, numerous cases all across the state reveal bend demonstrate rate that when local
rent control is removed, rents within a mobilehome park can
for residents who qualify as "lower income households" under Section dents 500079 d incomes and/or
Health and Safety Code, including many seniors and 1 to new eenancior
with special needs. Additionally, the state rent control protections do not apply
created after the date of conversion; and
WHEREAS, the City is aware of at least four (4) mobilehome tate Mobilehome the
informed and believes able codes and regulations; rand Title 25 0
Law, and other applicable
in 2007 the state legislature commenced
i ht ofdthe mob lehome po version
approach to defining the scope and extent of municipal o vers g
process. AB 1542 and SB 900 are pioneering initiatives wh chf n cted intoe law, woulThest
oversight of mobilehome park conversions in local municipalities prevent "sham conversions" of
proposed bills, among other things, seek to address and p
regulations, the
mobilehome parks utilized to escape compliance with municipal oa consequence of
charging of abusive rent increases, and the depletion of a ffordable housing as
resident - opposed mobilehome park conversions; and
WHEREAS, even the court of appeals, ojve� on�owopldl be
acknowledged that additional local oversight of mobilehome park con
by
warranted by the state legislature to protect
��residents �lawleas housing vehicple to esc ape
e
mobilehome parks from a "sham conversion intended to use state
local municipal rent control; and
WHEREAS, it is in the interest of the City, of owners and residents of mobilehome
to
parks, and of the community as a whole that the City staff park
explore potentially revising the City's zoning and municipal code to create a mobilehome deal ion
zone and to conduct a comprehensive sindndustrial zone appropriate
areas and/or are cent min t dand /or
issues related to parks which are located
are substandard; and
WHEREAS, it is further in the interest of the City, of owners and residents of
mobilehome parks, and of the community as a whole that the City staff to undertake a
comprehensive study to consider regulations to protect affordable and senior housing within
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mobilehome parks while providing opportunities for resident ownership wherever feasible and
appropriate; and
WHEREAS, in light of the numerous concerns noted herein, including but not limited to,
the City's concerns about possible effort to convert contaminated mobilehome parks, the
potential for numerous additional owner - initiated mobilehome park conversion applications and
the adverse impacts that would result from the potential for a substantial decrease of affordable
and senior housing within the City, the City Council determines it is in the interest of the public
health, safety, and general welfare to adopt this interim urgency ordinance in order to allow staff
to among other related tasks undertake the following studies:
(1) proceed with a comprehensive study of the City's planning and zoning laws
and to explore the feasibility
issues desirability
rela related to mobilehome parks and the convero consider
the unique health and safety on of the
same; and
(2) proceed with a comprehensive study of pending state legislation and its
impacts on the scope and extent of municipal oversight of mobilehome parks and the
conversion process and the same as it relates to the possible creation of a "mobilehome
park zone "; and
(3) proceed with a comprehensive study for the purpose of providing an enabling
ordinance for the "Survey of Support" mandated by A.B. 930 (amending Government
Code § 66427.5(d)(1) — (5)) which study would, among other things, consider
establishing the (a) required form, (b) content, (c) result, and (d) develop a bona fide
means test to ensure that the application is genuine and not a "sham conversion
application." This shall be then submitted to the Council for consideration in its regular
Council Session; and
(4) proceed with a comprehensive study of the impact of the mobilehome park
conversions on the City's ability to conform to its General Plan obligations to provide for
very low, low, and moderate income and senior housing; and
WHEREAS, the California Government Code Section 65850 reads, in relevant part:
"The Legislative Body of any county or city may, pursuant to this chapter, adopt ordinances that
... (a) Regulate the use of building, structures and land as between industry, business, residences,
open space, including agriculture, recreation; enjoyment of scenic beauty, use of natural resource
and other purposes; (c)(4) The intensity of land use "; and
WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly authorize
the City Council to adopt an urgency ordinance prohibiting any uses which may be in conflict
with the contemplated zoning ordinance which the legislative body of the City or the planning
commission or the planning department is considering or studying or intends to study within a
reasonable time; and
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WHEREAS, Civil Code Section 798.10 specifically provides that "change of use" in a
mobilehome park includes, a change of the park or any portion thereof to a condominium or any
form of ownership wherein spaces within the park are to be sold.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Carson finds that the above recitals are
true and correct.
SECTION 2. From and after the effective date of this interim urgency ordinance, neither
the City Council, the Planning Commission, nor the Planning Department shall consider or
approve any discretionary land use entitlements, zoning variances, general plan amendments,
specific plan amendments, or other discretionary land use permits to allow for, approve, or
otherwise sanction the conversion of any mobilehome park from a landlord- tenant form of
ownership to a nominal resident form of ownership.
SECTION 3. From and after the effective date of this interim urgency ordinance, there is
a preliminary 45 -day moratorium on all mobilehome park conversions.
SECTION 4. This interim prohibition shall not apply to internal staff processing of any
conversion application where such application has been deemed substantially complete by City
staff prior to the effective date of this urgency ordinance or where City staff has, prior to the
effective date of this urgency ordinance, scheduled such completed application for consideration
by the applicable legislative body of the City for public hearing and possible action. (Building
Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.App.4th 1410.)
SECTION 5. Nothing in Section 4, above, shall be construed as requiring the granting
of approval for any application(s), and the City of Carson expressly reserves to itself the right,
power, and authority to require that any application(s) comply with the statutory requirements of
A.B. 930 (2002), Government Code Section 66427.5(d)(1) — (5).
SECTION 6. This interim urgency ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Carson by Government Code Section 65858,
36934 and 36937, and shall be in full force and effect immediately upon its adoption by a four -
fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been
adopted pursuant to each of the individual sections set forth hereinabove.
SECTION 7. This interim urgency ordinance shall be of no further force or effect forty -
five (45) days from and after the date of its adoption, unless the same is extended pursuant to the
authority conferred upon the City Council by Government Code Section 65858(a). Not later
than ten (10) days prior to the expiration of this urgency ordinance, the City Council shall issue a
written report describing the measures taken to alleviate the condition which has led to the
adoption of this urgency interim ordinance.
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SECTION 8. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any 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 each
and every section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this 2lstday
of March, 2007.
ATTEST:
CITY CLERK HE
E S. WAGOE
APPROVED AS TO FORM:
CITY ATTORN
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CARSON
ss.
MAYOR JIM DEAR
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance
No. 07- 1373(U) was duly and regularly adopted by the City Council of said City on an urgency basis at an
adjourned regular meeting of said Council, duly and regularly held on the 21st day of March, 2007, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
01007/0013/49041.05
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
5
Mayor Dear, Santarina, Williams, Gipson, and
Davis - Holmes
None
None
None
_ City Clerk, City of Carson, California